What is a Copyright?

Copyright is a set of rights, exclusively granted for a fixed period of time to the creators of original literary, dramatic, musical, and artistic works and producers of cinematographic films and sound recordings.

Can I copyright my Idea/ Plan?

No. Copyright is granted only to the ‘expression’ of ideas. There is no Copyright protection for ideas, procedures, and methods of operation or mathematical concepts.

Is it mandatory to register a Copyright?

No. Acquisition of copyright is automatic i.e., Copyright comes into existence as soon as a copyrightable work is created and no formality is required to be completed for acquiring copyright. However, a certificate of registration of copyright serves asevidence in a court of law with reference to dispute relating to ownership of copyright. That is, when a dispute with respect to ownership of a Copyright comes before a court of law, the court would presume the ownership in favour of the registrant.

What are the benefits of obtaining a Copyright?

Copyright grants its owner an exclusive right to do certain acts exclusively within the rights of the Copyright holder. A Copyright holder/owner also has all rights to transfer all or any of his/her rights to someone else for monetary gains or any other consideration.

Can Plagiarism attract Copyright violation laws?

Yes. Plagiarism of original work created by someone else can attract Copyright Laws if it is not in limits of permissible or bona fide/ fair use, which is determined by the court of law on the basic of facts of a particular case.

How much does it cost to own a Copyright?

For Literary, Dramatic, Musical or Artistic work- Rs. 500 Per Work.
For Literary or Artistic work which is used or is capable of being used in relation to any goods or services- Rs. 2000 Per Work.
For an application for registration of Copyright in a Cinematograph Film- Rs. 5000 Per Work
For an application for registration of copyright in a Sound Recording- Rs. 2000 Per Work

What is the procedure for registration of a Copyright?

The procedure for registration is as follows:

  • Application for registration including Statement of Particulars and Statement of Further Particularsis to be made on Form XIV
  • Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules
  • The applications should be signed by the applicant. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed, if applicable.
How are Copyrights different from Designs protection?

Copyrights are granted to Literary, Dramatic, Musical or Artistic works, whereas Design protection is granted to protect the ‘aesthetic appeal’ of the design of a particular product.

Can I use © symbol without having a Copyright registration?

Yes. The Copyright Act, 1957 has no symbol provisions for the registration of a work. Therefore a Copyright symbol has nothing to do with the fact of registration and can be used regardless of any formal registration.

For how long does a Copyright protection last?
  1. For Literary, Dramatic, Musical and Artistic works (published within the lifetime of the author)- 60 years from the beginning of the calendar year following the year in which the author dies.
  2. For Literary, Dramatic, Musical or Artistic work published anonymously or pseudonymously- 60 years from the beginning of the calendar year following the year in which the work is first published.
  3. For Photographs- 60 years from the date of the photograph.
  4. For Cinematograph film/ Sound Recording/ Public Undertakings- 60 years from the beginning of the calendar year following the year in which the film is published.