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Priyanka Bajpayee
| Updated: 07 Feb, 2022 | Category: Copyright

Securing creative work via Copyright Protection in India

Copyright protection

Copyrights are generally considered territorial rights, which means they do not perform beyond the guidelines of a specific jurisdiction. Copyrights vary from one country to another. In India, the process is different; that’s why it is essential to Copyright your literature, drama, music, artworks, sound recordings, etc. Like anything, your creative work is also safeguarded by Copyright protection. This article pens down the process to Copyright the work in India.

What is Copyright Protection?

Copyright protection is a privilege conferred by the law to the originator of creative and unique works. It safeguards the originator’s rights over their creations, consequently protecting and rewarding artistry. The safeguard provided by copyright law to the creation of –

  • Authors, 
  • Artists, and 
  • Designers

It creates an atmosphere favorable to creativity, motivating the originator to develop more. These exclusive rights are not pure but limited by the country’s copyright law[1]. A significant restriction on Copyright is that it does not protect the hidden ideas themselves, and Copyright only covers the original ideas for expression.

It is always advisable to avail Copyright protection for your work as it safeguards the original manifestation of an idea in the form of some creative work (like music, literary, dramatic, sound recordings, artistic works, and the producers of cinematographic films) but not the idea itself.

Generally, the Copyrights are shared among various creators, each of whom holds certain rights to use or license the work and are called right holders of the asset.

Key Elements of Copyright-

Certain key elements are required to be considered for Copyright work, and the key features are mentioned below 

  • Requisite for Copyright Registration
  • Work should be Novel
  • Duration of Protection
  • The privilege of enjoying various rights.
  • Replication of work only by originators and authorized individuals.
  • Original work should be in Tangible form.

What privileges are enjoyed by the author under the Copyright Protection?

The benefits enjoyed by the author under the Copyright Protection are-

  • Right to reproduce-Only the author has the right to reproduce the work in a way they want to. However, If the creative work is not published so far, only the author can issue it.
  • Permit to use the work in any other field-The author has the only to permit an individual to use art in cinema or films.
  • Modification of work- The author is the person who further modifies his work. 

Note- There is an exception related to the use of work in cinema, i.e., if the creative art is shown by chance in a movie, it is spared from the act. Also, if the art is performed at a particular place and is shown in a movie or show, it cannot be treated as copyright infringement. 

Documentation required for securing Copyright protection in India

Below mentioned documents are required for Copyright in India

  • Particulars of the Applicant.
  • A proper narration of the work and the date when the work was first published.
  • Two copies of the work.
  • Detailswith respect to the subject and language of the work.
  • NOC from the originator if the originator is different from the applicant.
  • NOC from the publisher (If work is published) and the publisher is other from the applicant.
  • Documents(Demand Draft/IPO) related to payment of respective fees as per the work.
  • The attorney signs specific Power of Attorney if the application is filed through an attorney.

Why is it essential to Copyright your work in India?

Copyright helps –

  • Providing Information about the originator and its Copyright Work.
  • Handling the liability may involve a general waiver of liability.
  • Helps in Legal Compliances and in protecting the copyrighted work.
  • Statutory protection
  • Protection of work globally.
  • Develops Branding and consideration
  • Asset creation

Note-As Copyright does not protect the-

  • Individual words, 
  • Short expressions and slogans. 
  • Recognizable symbols or designs. 
  • Lettering, or mere listings of content or ingredients
  • Mere changes of typographic ornamentation, 

Various Rights involved with Copyright work in India-

There are various types of rights involved with copyright work in India-

  • Right for the originator/author
  • Right for Reproduction
  • Right of public performance
  • Right of Public communication
  • Right for adaption
  • Right for distribution
  • Right for paternity and integrity

Limitations involved in the non-registration of copyright

Copyright helps in protecting creative and unique work. The copyright once registered by the owner can also be-

  • Sold, 
  • Reproduced and ,
  • Performed.

However, there is a greater chance of risk in reproducing or selling the unregistered copyright before the public. As the work when copyright is a proof that the owner/originator has exclusive rights over the work. But if the actual owner does not have the copyright for the work, he would have to address the consequences of non-registering the work.

Also, safegurading the work from others would be harder for the owner as he has no prima facie evidence to solidify his ownership. The owner’s other rights are also limited if there is a lack of copyright registration. These limitations are:

  • A suit cannot be filed for infringement- A owner cannot file a lawsuit for infringement of unregistered copyright. Therefore, it must be registered to initiate a lawsuit for copyright infringement. 
  • Copyright Registration is essential when a person wants to raise a loan based on his work. 
  • In the case of unregistered work, the owner cannot file a lawsuit if someone has copied the work. Conclusively, the owner cannot stop others from infringing his rights.
  • Damages of the suit– In litigation of unregistered copyright, the owner gets only the actual or potential loss and the amount earned by an individual using that work. While in the case of a registered copyright suit, the owner gets statutory damages along with the attorney’s fee. 

Conclusion

In a nutshell, it is essential to secure copyright protection for your work in India and to protect the work from unauthorized use. Copyright registration lets the copyrighted work owner get the maximum benefit by licensing, assigning, and raising capital

Read our Article:Software Copyright Infringement in India: Explained

Priyanka Bajpayee

A Company Secretary together with PG in international Business, she has gained significant experience as legal content writer. She has keen interest in doing research and writing on legal and financial subject matters. She also holds work experience in legal compliances.

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