Here are some FAQ’s about Copyright You Need to Know

What is Copyright?

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.

Is copyright a negative right? If yes, Why so?

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.

What does copyright protect?

Copyright subsists throughout India in the following classes of works:

• Literary,
• Dramatic,
• Musical
• Artistic works;
• Cinematograph films; and
• Sound recordings.

 Is Copyright Registration necessary In India?

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.

Who can apply for a Copyright?

The creator or any person legally authorized by him can file an application for the copyrighted work.

What are the rights of a Copyright Owner?

The creator of a work can prevent or authorize anyone to:

• reproduce the work in any form, such as print, audio, video, etc.
• use the work for a public performance, such as a play or a musical
• make copies/recordings of the work, via compact discs, cassettes, etc.
• broadcast it in various forms
• translate the same to other languages

What is the term of Copyright?

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.

What are the provisions of fair use of a Copyrighted work?

• Use for private study, research or entertainment
• Quotation of an appropriate portion from the Copyright work
• Reporting of current events in newspapers, magazines or radios/television
• Translating or reproducing in small quantity for use by teachers or scientific researches
• Copying, drawing, photographing or recording an artistic work placed or displayed in an outdoor public space
• Use by government officials in the performance of their duties

What causes an infringement of Copyright?

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.

What actions can be taken when Copyright is infringed?

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.