Copyright FAQ

Copyright is a legal right which is granted to the maker and owner of original, literary, musical and creative works; cinematographic movies and sound chronicles.

Copyright gives legal protection to original, literary, artistic and musical works; sounds and cinematographic movies.
An idea or method do not fall under the scope of copyright protection.

Copyright protects musical compositions, books, articles, computer programs, plays, movies, choreography, paintings, drawings, photographs, architecture, maps etc.

The Copyright System in India is governed by the Copyright Act, 1957 and the Copyright Rules, 2013.

The essential requirements of copyright are:
● It should be original/unique.
● It should be fixed in a tangible form.
● It should be such that it can be expressed.

The approval granted by the copyright owner to others for utilization of their work is known as licensing and it involves paying of certain amount to the copyright holder.

The copyright is usually owned by the original creator of the work which is being protected.

The term of copyright protection is life of the author plus 60 years (after the date of death of the author).

The exclusive rights conferred to the owner of the copyrighted work are:
●Right of reproduction- The copyright owner can make copies of his own creative work.
●Right of performance- The copyright owner is granted exclusive right to perform his work in public.
●Right of distribution- The copyright owner has right to distribute his work among others.
●Right of derivation- The copyright owner has right to exploit his work by adaption/dubbing of the same story.
●Right of paternity- The copyright owner has right claim authorship over his work.

The procedure for registration o copyright is:
●Application for copyright with complete specification of work to be filed at the Copyright Office.
●Examination of the application by the Copyright Examiner.
●Publication of the work.
●Opposition
●Registration of the work – in case of no oppositions raised, the work is registered in the copyright register and certificate of the same is issued to the copyright owner.

Yes, a copyrighted work can be used without a license under the following circumstances:
• Private or personal use including research.
• Criticism or review.
• Reporting of current affairs in public domain.
• For the use of any judicial proceedings.
• By a cinematographic film or broadcast or by means of photograph.
• Reproduction or publication of the work prepared by the Secretariat or Legislature.
• Reproduction of any work in a certified copy made in accordance with law.
• Recitation or reading in public of any reasonable extract from the published work.
• Publication in the collection, (mainly composed of non-copyright matter) intended for the use of educational purposes.
• In case of use by government authorities, for execution of their obligations.

Yes, a copyrighted work can be used without a license under the following circumstances:
• Private or personal use including research.
• Criticism or review.
• Reporting of current affairs in public domain.
• For the use of any judicial proceedings.
• By a cinematographic film or broadcast or by means of photograph.
• Reproduction or publication of the work prepared by the Secretariat or Legislature.
• Reproduction of any work in a certified copy made in accordance with law.
• Recitation or reading in public of any reasonable extract from the published work.
• Publication in the collection, (mainly composed of non-copyright matter) intended for the use of educational purposes.
• In case of use by government authorities, for execution of their obligations.

Related rights also referred as neighboring rights, which safeguards the interest of certain persons and legal entities that contribute in making the work available to the public, i.e., those who assist the creators of original/artistic work and help to distribute work as desired by the creator.
It basically covers three types of beneficiaries:
• Performer’s (includes actors/musicians)
• Producers of sound recordings (also referred as phonograms)
• Broadcasting groups

Fair use/fair dealing is considered as an exception to the exclusive rights conferred to the copyright owner.
It is the right to use the copyrighted work of the author under certain conditions without the permission of the copyright owner.

The remedies for infringement of copyright are:
– Civil remedies:
• Injunction
• Damages
• Account of Profits
• Delivery of infringing copies

– Criminal remedies:
• Infringement
• Fine
• Seizure of infringing copies

Yes, a copyrighted work can be used without a license under the following circumstances:
• Private or personal use including research.
• Criticism or review.
• Reporting of current affairs in public domain.
• For the use of any judicial proceedings.
• By a cinematographic film or broadcast or by means of photograph.
• Reproduction or publication of the work prepared by the Secretariat or Legislature.
• Reproduction of any work in a certified copy made in accordance with law.
• Recitation or reading in public of any reasonable extract from the published work.
• Publication in the collection, (mainly composed of non-copyright matter) intended for the use of educational purposes.
• In case of use by government authorities, for execution of their obligations.

There are three copyright societies registered in India:
• The Indian Performing Right Society Limited (IPRS) for literary works associated with musical works.
• Indian Reprographic Rights Organization (IRRO) for reprography or photocopying works.
• Indian Singers Rights Association (ISRA) for performers right.

A copyright society is a registered collective administration society formed by authors and owners. A copyright society can issue or grant licenses in respect of any work for which it is authorized to by the authors or owners of the work.

The employer will be considered the first and true owner of the work if the copyright work is made in the course of employment by an employee.

Fair use/fair dealing is considered as an exception to the exclusive rights conferred to the copyright owner.
It is the right to use the copyrighted work of the author under certain conditions without the permission of the copyright owner.

In assignment, the ownership of copyright is transferred to another person whereas in licensing it only permits another person to use the work without transferring the ownership/title.

The work is said to be in public domain, when the copyright protection period has expired and the work no longer has a right proprietor.

Related rights also referred as neighboring rights, which safeguards the interest of certain persons and legal entities that contribute in making the work available to the public, i.e., those who assist the creators of original/artistic work and help to distribute work as desired by the creator.
It basically covers three types of beneficiaries:
• Performer’s (includes actors/musicians)
• Producers of sound recordings (also referred as phonograms)
• Broadcasting groups