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Authorship of authentic creative works in the domain of Drama, Music and literature is protected by this exclusive right. Under this, the author reserves the right to determine the person who is going to be ascribed to the work, perform it and be financially benefited from the same. However, facts, methods of operation, unexpressed ideas, system, etc. are not protected through copyright. In general terms, copyright is enforced as a civil case except in few where it is treated as a criminal infringement statute.
Indian Copyright Act, 1957
This act facilitates the reuse and reproduction of the copyrighted items, preparation of derivative, publicity of the work and distribution of its copies by the user. Plays, shows, movies, songs, sound, music, movies, art work, manuscripts, books, images, graphics, pictures, drawings, etc. are included in the list of copyrighted items.
Copyright registration is mandatory in case of any judicial disputes and is a prima facie evidence against it. Both published/unpublished works should be registered in the Register of Copyrights, which is maintained at Copyright Office of the Department of Education. Moreover, changes can be easily made by the applicant with some prescribed fees if the work has been recorded as unpublished in the Register of Copyright.
Procedure of Copyright
Copyright should be in written form and duly authenticated or signed by the authorized author. Legible specifications of the amount of rights and work assigned to the person should be mentioned in copyright to avoid conflicts in the near future. It should be duly signed by both the parties and they should give their consent on the subject of termination and terms and conditions. In case of violation, following acts are applied :-
Advantages of Copyright
- Preparing violation copies for selling or hiring purpose or let them be hired by a third party.
- Distribution of the violated copies for trading with an aim of affecting the copyright owner interests.
- Public displaying of violating copies for trade purpose.
- Importing violating copies in India.
Copyright assists in protecting the original unpublished/published work that falls under diverse heads of musical, literature, dramatic, intellectual and artistic. Copyright of works provides a protective shield to work, which is helpful in the growth rate of artists, writers, musicians, producers, cinematographic artists and encourage them to produce more creative work. Following rights can be enjoyed by copyright holders by copyrighting their creation.
Copyright Protection for Foreign Work
- One can use, re use, reproduce the copies and can sell the copies.
- One can export or import part or whole of work.
- One is free to form any imitative work.
- One can demonstrate its work publicly.
- One can pass or sell its rights to another person.
- One can indulge in displaying or transmitting work by video or radio.
In case of the foreign work, only the work of members of the Berne Convention is protected. This treaty provides security to the Universal Copyright convention, Literary and Artistic Works and the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement through the International Copyright Order. Similarly, to grant security to the Indian work throughout the world, India has also consented with international conventions on neighboring and copy (related) rights -
Copyright Law Administrating Body
- Universal Copyright Convention
- Berne Convention for the Protection of Literary and Artistic works.
- Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS).
- Multilateral Convention
The Indian Government has incorporated Copyright Enforcement Advisory Council (CEAC) as a main body for dealing in copyright associated issues. There are no special courts for hearing of copyright related matters. The person has to take the assistance of normal courts or by directly contacting to board.
Registered Copyright Societies in India
- Society for Copyright Regulation of Indian Producers for Television and films
- Phonographic Performance Limited
- The Indian Performing Right Society Limited