Copyright Law in India: Everything you must know

Copyright

Indian Copyright law is with parity with international standards as contained in TRIPS. Copyright law is governed by Indian Copyright Act, 1957, pursuant to the amendments in 1999, 2002 and in 2012 fully reflects the Berne Convention for cover of Literary and Artistic work, 1886 and therefore the universal copyright convention, to which India may be a party. India is additionally a celebration to the Geneva Convention for the protection of rights of producers of phonograms and is a lively member of the planet property Organization (WIPO) and US Educational, Scientific and Cultural Organization (UNESCO).

“Work” Protected under Copyright

Under copyright Act, 1957, the term “Word” includes an inventive work comprising of a painting, a sculpture, a drawing (including a diagram, map, a chart or plan), an engraving, a photograph, a piece of architecture or artistic craftsmanship, dramatic composition , literary composition (including computer programmes, tables, compilations, compilations and computer databases), musical work, audio recording and cinematographic films.

In order to stay pace with the worldwide requirement of harmonization, the copyright Act, 1957 has brought the copyright law in India in line with the developments within the information technology industry, whether it’s within the field of satellite broadcasting or computer software or digital technology. The amended law has also made provisions to guard performer’s rights as envisaged within the Rome convention.

Registration of Copyright

In India registration of Copyright isn’t mandatory because the registration is treated as mere recordal of a fact. He registratio doesn’t create or confer any new right and isn’t a prerequisite for initiating action against infringement. The view has been upheld by the Indian courts during a catena of judgments.

Need for Registration of Copyright

The awareness of property Laws is considerably low among the enforcement authorities in India, and most of the IP litigation is confined to metropolitan cities. Despite the very fact that the registration of copyright isn’t mandatory in India and is protectable through the international Copyright order, 1999, it’s advisable to register the copyright because the copyright registration certificate is accepted as a “Proof of ownership” in courts and by police authorities and acted upon smoothly by them.

Enforcement of Copyright in India

The law of copyright in India not only provides for civil remedies within the sort of final injunction , damages or accounts of profits, delivery of the infringing material for destruction and price of the legal proceedings. etc. but also makes instances of infringement of copyright, a cognizable offence punishable with imprisonment for a term which shall not be but six months but which can reach three years with a fine which shall not be but Rs 50,000 (approx. US$ 800) but may reach Rs 2,00,000 (approx. US$ 3,000). For the second and subsequent offences, there are provisions for enhanced fine and punishment under the Copyright Act. The (Indian) Copyright Act, 1957 gives power to the police authorities to register the Complaint (First Information Report, ie, FIR) and act on its own to arrest the accused, search the premises of the accused and seize the infringing material with none intervention of the court.

Protection to Foreign Works in India

Copyright of “works” of foreign nationals, whose countries are members of Convention Countries to which India may be a signatory, are protected against any infringement of their “works” in India through the International Copyright Order, 1999. The Indian courts have also been pro-active for the protection of copyright of foreign authors/owners, which incorporates software, motion pictures including screenplay of motion pictures and database.

The Government of India is additionally taking initiative to combat piracy within the software industry, motion pictures and therefore the music industry alongside players within the industry through their associations and organizations like NASSCOM (National Association of Software and repair Companies), NIAPC (National Initiative Against Piracy and Counterfeiting) etc.

Licensing and Assignment of Copyright

Copyright in any work, present or future, can only be assigned or licensed in writing by the copyright owner or his duly authorised agent.

Duration/Term of Copyright

In the case of original literary, dramatic, musical and artistic works, the duration of copyright is the lifetime of the author or artist, and 60 years counted from the year following the death of the author.

In the case of cinematograph films, sound recordings, posthumous publications, anonymous and pseudonymous publications, works of state and works of international organisations are protected for a period of 60 years which is counted from the year following the date of publication.