What is The Cost for Copyright – A Creative Work in India?
March 11, 2019
Biswajit Sarkar - IP Law Firm India
Post time: 11:22 pm
Copyright is the exclusive legal right that is guaranteed to the owner of an artistic work, literary work, musical work and cinematograph films. An artistic work may be in the form of a photograph, a poem, a novel, a song, and even computer software. The right assures ownership of the artistic work and the owner of such a work can use his work for a specified period of time. The exclusive right given to the owner is governed under the Copyright Act 1957. The copyright work is protected for a term of the lifetime of the author plus sixty years beginning from the following year of the author’s death, for literary, dramatic, musical and artistic works. Cinematograph films, sound records, photographs etc are protected until 60 years from the year it was published.
If any other person other than the legal owner of such a work uses the work, it leads to infringement of the copyrighted work. Infringement takes place when any other person intentionally or unintentionally copies or uses the work of the rightful owner without any credit. Selling of pirated books, importing of original work without the permission of the owner results in copyright infringement.
Infringement of copyright can be rectified by granting an interlocutory injunction by the court. This can be done with the help of copyright Lawyer in India dealing with copyright cases. Law firms in India help in the registration as well as carry out the legal procedures in the court on behalf of their clients.
Financial relief can also be sought from the infringer who is guilty of infringement. The infringer is liable for punishment for imprisonment not less than 6 months up to 3 years or with fine amounting to Rs 50,000 and may extend to Rs 2,00,000.
Any literary, artistic, musical work is subject to protection only when it has been filed for its registration. A work may be registered by an e-filing process at the official website of Copyright Office, Government of India. The Copyright Office is situated at New Delhi, which prescribes the fee for the application for registration of copyright. The prescribed fee for the registration of copyright of literary, artistic, musical and dramatic work is Rs 500/- per work. The application fee for registration of copyright in a cinematograph film is Rs 5000/- per work and for sound recording is Rs 2000/- per work.
