Copyright is a set of exclusive rights granted to the creator of the original literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. These rights protect against any unauthorized use or imitation of the creator’s work.
Yes, Copyright is a negative right. This is because the owner of the copyright determines whether and under what conditions other people can use the copyrighted work.
Copyright subsists throughout India in the following classes of works:
No. It is not mandatory to Copyright a work in India, however, the owner of an original creation is advised to do so to be able to seek legal protection on the occurrence of infringement of his work.
The creator or any person legally authorized by him can file an application for the copyrighted work.
The creator of a work can prevent or authorize anyone to:
The term of validity of copyright depends on the type of work. Generally, the term of the Copyright protection for literary or musical works is the lifetime of the authors plus 60 years after their demise. Cinematographs and computer programs are protected for 60 years from the year in which the work is made available.
Copyright laws provide certain exclusive rights to the copyright holder. Use of such copyright protected work without the permission of the copyright owner is copyright infringement.
A civil action can be taken towards the infringer in a Court of law by the owner of the original work or the right-holder. The copyright owner can file a civil remedies case in the court having jurisdiction. If the accusations are proved to be true, the plaintiff will be entitled to remedies by way of injunctions, damages and accounts.