Copyright: Its Future in India and the FAQs

Last Updated at: May 08, 2020
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Copyrights _ Its Future in India and the FAQs (1)

As a kid, writing a poem or singing a song gave us a glorious sense of achievement. Imagine have that poem published under your name or just the soulful music with you as the lead singer? Doesn’t it sound appealing? Well, you can have all this under your name. All you need to do is register yourselves for the ‘proof of ownership’, i.e., copyright. Copyright itself means the right to copy. By registering your work for copyright, you can easily safeguard your intellectual property and creative works. So, whether it be your book or your computer program, you need not worry. You can easily get its copyright registration done.

  1. Term of copyright
  2. Penalty and punishment under the copyright act
  3. Future of copyright in India
  4. Frequently asked questions (FAQs)

Term of copyright

It is not the case that once you register your work for copyright; you are free. There is a certain period under which they provide the legal rights to the owner. After that, the individual has to refurnish its term. The term of copyright and the copyright registration procedure varies according to the work for which they issue the copyright. These include:

  • With musical, literary, dramatic, and artistic works, the validity is for the lifetime of the owner and 60 years past their death.
  • With cinematographic films, publications in all forms, recordings, the works are protected under the copyright for a term of 60 years from the date of publication of the work.

Copyright your work now

Penalty and punishment under the copyright act

The government enacted the Copyright Act in 1957, which grants individuals both moral and economic rights. They provide the copyright to the individuals only for tangible works and not ideas.

The economic rights allow individuals to sell or rent their work depending on their choice. While moral rights are those which the owner cannot sell. According to the Berne Convention, the moral rights include:

  • Firstly, the Right for the authorship of the original work to the owner
  • Secondly, the Right to object to any modification or distortion in the work
  • Thirdly, the Right to object against the deterioration of the author’s reputation

In case, they find anyone for copyright infringement during the copyright registration procedure or else wise; the individuals have to pay hefty amounts, as this is a punishable offence. It also covers the infringement of copyright under the Copyright Act, 1957. The infringement of copyright leads to a penalty with a minimum of ₹50,000 extending up to ₹2,00,000 and punishment of 6 months to 3 years in jail.

Future of copyright in India

Over the years, there have been several amendments to copyrights and their enforcement. Unlike the earlier days, when people could not claim the infringement of their works nowadays, the copyright is the proof of ownership of their creative works. Still, there is no action taken against the infringement of ideas and expressions. Under the amendment of the copyright act in 1994, the enforcement of the Copyright Act is stricter, leading to improvement in the situations. Copying the creative work, whether it be a sound recording or a literature work falls under the category of theft. However, with a bank robbery, the authorities take immediate action.

While with book pirate, the authorities won’t take action quickly or sometimes don’t even respond. This is the problem with the copyrights. You can’t claim easily for copyright infringement as it does not involve the copying of ideas. A viable reason for this is that every individual has a different understanding of a similar idea. With the rapidly changing environment of technology and everything being up on the internet easily, the authorities need to take stricter actions to curb infringement.

Frequently asked questions (FAQs)

What can you not protect under copyright?

The ideas or expressions do not enjoy the protection under copyright. Under section 15 of the Copyright Act, 1957 or Designs Act, 2000, refrain from protecting ideas or design. The copyright only protects the work in a tangible form.

Is it compulsory to get the copyright registration done?

No, the copyright registration is not mandatory. However, it is always a wise decision to get a copyright registration procedure for its evidential value. It provides the owner with additional benefits and rights to protect their original work.

What are the centralized agencies for copyright?

There are two centralized agencies for copyright in India, namely:

  • Copyright office
  • Copyright board

The registrar of copyrights heads the copyright office. Indeed, its chief function is to maintain the register of copyrights. While the copyright board rectifies the errors in the register of copyrights and even granting the compulsory licenses.

Conclusion

To summarize, it is completely the decision of the owner to get the copyright of the work. To meet the increasing challenges, they make continuous reforms in the copyright laws, protecting the intellectual property of the individuals. They also make various amendments to the current laws considering the future of copyright.

 

0

Copyright: Its Future in India and the FAQs

156

As a kid, writing a poem or singing a song gave us a glorious sense of achievement. Imagine have that poem published under your name or just the soulful music with you as the lead singer? Doesn’t it sound appealing? Well, you can have all this under your name. All you need to do is register yourselves for the ‘proof of ownership’, i.e., copyright. Copyright itself means the right to copy. By registering your work for copyright, you can easily safeguard your intellectual property and creative works. So, whether it be your book or your computer program, you need not worry. You can easily get its copyright registration done.

  1. Term of copyright
  2. Penalty and punishment under the copyright act
  3. Future of copyright in India
  4. Frequently asked questions (FAQs)

Term of copyright

It is not the case that once you register your work for copyright; you are free. There is a certain period under which they provide the legal rights to the owner. After that, the individual has to refurnish its term. The term of copyright and the copyright registration procedure varies according to the work for which they issue the copyright. These include:

  • With musical, literary, dramatic, and artistic works, the validity is for the lifetime of the owner and 60 years past their death.
  • With cinematographic films, publications in all forms, recordings, the works are protected under the copyright for a term of 60 years from the date of publication of the work.

Copyright your work now

Penalty and punishment under the copyright act

The government enacted the Copyright Act in 1957, which grants individuals both moral and economic rights. They provide the copyright to the individuals only for tangible works and not ideas.

The economic rights allow individuals to sell or rent their work depending on their choice. While moral rights are those which the owner cannot sell. According to the Berne Convention, the moral rights include:

  • Firstly, the Right for the authorship of the original work to the owner
  • Secondly, the Right to object to any modification or distortion in the work
  • Thirdly, the Right to object against the deterioration of the author’s reputation

In case, they find anyone for copyright infringement during the copyright registration procedure or else wise; the individuals have to pay hefty amounts, as this is a punishable offence. It also covers the infringement of copyright under the Copyright Act, 1957. The infringement of copyright leads to a penalty with a minimum of ₹50,000 extending up to ₹2,00,000 and punishment of 6 months to 3 years in jail.

Future of copyright in India

Over the years, there have been several amendments to copyrights and their enforcement. Unlike the earlier days, when people could not claim the infringement of their works nowadays, the copyright is the proof of ownership of their creative works. Still, there is no action taken against the infringement of ideas and expressions. Under the amendment of the copyright act in 1994, the enforcement of the Copyright Act is stricter, leading to improvement in the situations. Copying the creative work, whether it be a sound recording or a literature work falls under the category of theft. However, with a bank robbery, the authorities take immediate action.

While with book pirate, the authorities won’t take action quickly or sometimes don’t even respond. This is the problem with the copyrights. You can’t claim easily for copyright infringement as it does not involve the copying of ideas. A viable reason for this is that every individual has a different understanding of a similar idea. With the rapidly changing environment of technology and everything being up on the internet easily, the authorities need to take stricter actions to curb infringement.

Frequently asked questions (FAQs)

What can you not protect under copyright?

The ideas or expressions do not enjoy the protection under copyright. Under section 15 of the Copyright Act, 1957 or Designs Act, 2000, refrain from protecting ideas or design. The copyright only protects the work in a tangible form.

Is it compulsory to get the copyright registration done?

No, the copyright registration is not mandatory. However, it is always a wise decision to get a copyright registration procedure for its evidential value. It provides the owner with additional benefits and rights to protect their original work.

What are the centralized agencies for copyright?

There are two centralized agencies for copyright in India, namely:

  • Copyright office
  • Copyright board

The registrar of copyrights heads the copyright office. Indeed, its chief function is to maintain the register of copyrights. While the copyright board rectifies the errors in the register of copyrights and even granting the compulsory licenses.

Conclusion

To summarize, it is completely the decision of the owner to get the copyright of the work. To meet the increasing challenges, they make continuous reforms in the copyright laws, protecting the intellectual property of the individuals. They also make various amendments to the current laws considering the future of copyright.

 

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