Copyrights

What is Copyright?

Copyright is a legal right granted to the creator of original works of authorship such as literary, dramatic, musical, artistic works, and cinematographic films and sound recordings. It protects the expression of ideas, not the ideas themselves.

In India, copyright is governed by the Copyright Act, 1957 (as amended by the Copyright (Amendment) Act, 2012) and the rules framed thereunder.

Duration of Copyright Protection

Literary, dramatic, musical, and artistic works: Lifetime of the author + 60 years

Cinematograph films, sound recordings, government works, public undertakings: 60 years from publication

Anonymous and pseudonymous works: 60 years from publication or from disclosure of identity

Works Protected Under Copyright in India?

• Literary Works – Books, articles, computer programs, databases, tables.

• Dramatic Works – Scripts, choreographic works.

• Musical Works – Composition, notation (excluding lyrics).

• Artistic Works – Paintings, drawings, sculptures, architecture, photographs.

• Cinematograph Films – Any visual recording including sound.

• Sound Recordings – Any recording of sounds from other works or live performance.

Process for Copyright Registration in India

• Application Filing – File Form XIV online or offline at the Copyright Office.

• Diary Number Issuance – After receiving the application.

• Waiting Period – 30 days for objections from third parties.

• Examination – Registrar examines for discrepancies or conflicts.

• Registration Certificate – If accepted, issued by the Copyright Office.

Copyright Infringement and Remedies

• Copying or reproducing without permission.

• Public performance or broadcast without authorization.

• Publishing or adapting without consent.

• Selling pirated versions.

Remedies:

• Civil – Injunction, damages, account of profits.

• Criminal – Imprisonment (up to 3 years), fine (up to ₹2 lakh), or both.

• Administrative – Seizure of infringing goods.

Fair Use and Exceptions

• Private or personal use, including research.

• Review or criticism.

• Reporting current events.

• Use by teachers or students in educational settings.

• Judicial proceedings.

International Treaties and India

India is a signatory to:

• Berne Convention for the Protection of Literary and Artistic Works

• Universal Copyright Convention (UCC)

• WIPO Copyright Treaty (WCT)

• Trade-Related Aspects of Intellectual Property Rights (TRIPS)

These enable reciprocal protection for Indian works in other countries and vice versa.