Copyright
Worth Copying is Worth Protecting
Copyright is a right conferred by the law on creators of literary, dramatic, musical and artistic works and producers of cinematography films and sound recordings, includes inter alia, rights of reproduction, communication to the public, adaptation and translation of the work.
Subject Matter of Copyright
- Literary Work – Computer Programmes, Table Compilations and Data Bases.
- Musical Work – Work consisting of music and graphical notation
- Artistic work – Painting, sculpture, drawing, map, chart or plan, An engraving or photography, work of architecture – any building, or structure having an artistic character or design.
- Cinematography Film – Sound recording accompanying the visual recording, process analogous to cinematography including video films.
- Sound recording – Sound recording, regardless of the medium which is made.
Requirements for copyright subsistence
- It should be original
- First published in India
- In case of architectural work, the work should be in India.
Author and Ownership of Copyright
Section 2(d) of the copyright Act - Author in relation to various categories as follows:-
- Literary or Dramatic work – The author of the work
- Musical work – the person who composes the music regardless of whether he records it in any graphical notation – Sec2(ffa)
- (does not include words or any action intended to be sung, spoken or performed with the music.
- An artistic work – The artist
- Photograph – the person who takes the photograph
- Cinematograph film – The Producer
- Sound recording – The producer
Literary, dramatic, music or artistic work which is computer generated, the person who causes the work to be created.
Term of copyright
In case of Literary, Dramatic, Musical and Artistic work – it is Lifetime of the Author + 60 years
In case of joint authorship, 60 years period commences after the death of the author who dies last.
In case of Anonymous, Pseudonymous, posthumous publication, cinematography film, sound recording, photograph, it is 60 years from the date of publication.
Infringement of Copyright
For an act to be infringement, the copyright must first subsist in the work.
Infringement involves:
- Reprography or Reproduction in material form
- Storing the work in any medium by electronic means
- Publication of the work
- Performance of the work in public
- Adaptations and Translation
Remedies against infringement of Copyright
Civil Remedies
Injunction
Damages
Account for Profits
Delivery -up of Infringing copies
Damages for Conversion
Criminal Remedies
Imprisonment
Imposition of Fine or both
Seizure of infringing copies
Delivery up of infringing copies to the owner
Administrative Remedies
Moving the Registrar of Copyrights to ban the import of infringing copies into India when the infringement is by way of such importation.
Delivery of the confiscated infringing copies to the owner of the copyright seeking delivery.