WHAT IS COPYRIGHT?
“Copyright” is a form of intellectual property protection granted to the creators. The literary work includes the work of an Author and Computer Programmes, Tables & Compilations etc whereas the Dramatic, musical and artistic works, cinematographic films and sound recordings, videos, etc.
Different types of work covered under copyright like the Dramatic & musical work (including the Drama, Skit, Play, Movie); The Artistic work (including the Painting, Sculpture, photographs, Logo, monogram, design); The Software / Computer Programme; The Work of Architecture, Cinematograph Film and Sound Recordings.
DIFFERENT TYPES OF WORK COVERED UNDER COPYRIGHT.
- Dramatic and musical work (i.e. Drama, Skit, Play, Movie etc.)
- Artistic work (i.e. Logo, monogram, design etc.)
- Software / Computer Programme
- Work of Architecture
- Cinematograph Film
- Sound Recording (i.e. A Cassette or a Record)
- Web site, Web Contents, Home Page.
COPYRIGHT REGISTRATION - WHY ESSENTIAL?
Copyright registration of the work is highly recommended; as registration is helpful in an infringement suit. As per the Copyright Act, the Register of copyrights (where the details of the work are entered on registration) is prima facie evidence in all courts.
Who owns Copyright in a work?
In India, the first owner of copyright in a work is the author. If the work is done in course of employment then employee is the first owner, unless there is an agreement to the contrary. Where the work includes material from different owners, or for example is a translation of an original work, several owners may each have copyright in the final work. No objection certificate or relevant transfer documents to be obtained from the employees or appointed designers.
REQUIREMENTS FOR COPYRIGHT REGISTRATION
THE DETAILS REQUIRED FOR COPYRIGHT REGISTRATION
THE DOCUMENTS REQUIRED FOR COPYRIGHT REGISTRATION
We do require the following for making and filling of Copyright Application –
- Name of the applicant with email id and Phone No.
- Address of the applicant
- Nationality of the applicant
- Applicant is owner of work - As Author/Developer/Designer/Producer/ Assignee
- Class, description of work – Literary / Artistic / Musical / Website / Software / Other
- Title of the work
- Language of the work
- Work is made/done by - (person who wrote/made/develop/created work)
- Any Assignment is made between the parties
- Except author, who others contributed in making of the work,
- Nationality of other persons with names, father names and addresses,
- The work is published or Unpublished?
- If published, then year, place of its Ist publication with details of publisher
- Year and countries of subsequent publications with details –
- Any authorization to assignment is made, if yes, provide details –
- Licensing for use work, if any, provide details of license holders with terms
- The work is original or is the translation of any existing materials –
- The work is an original one or is adaptation –
- The work is the original one or is copy from public domain –
- If author is dead, provide Legal heirs with address and % of dependency,
- If, authorization is made for translation; the person authorizing with details
- Address for communication,
- If the applicant is a company, provide the names of the Director with personal address and the name of the father also.
There may be required further details, which shall be collected, if and when required.
The documents and the Forms to be filed –
- Application on Form under Rule 16,
- Statement of Particulars
- Statement of Further Particulars
- Authority Latter
- Assignment documents
- No Objection Certificate