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Meaning:

Every author has a copyright in the work he creates. This is inherent in him by reason of he being an author. It creates in the author an exclusive right to produce, reproduce, publish and perform his work in all ways known and possible.

Content and substance of Copyright:

The Copyright Act specifies the following works only as the works in which a person can have copyright.

  1. Original literary, dramatic, musical and artistic works:
  2. Cinematograph films;
  3. Records;
  4. Computer Software.

Ownership:

The author is the first owner of copyright. He only has the right to produce, publish, adapt, translate his work, perform and communicate his work to the public. Hence he has the right to prevent everybody else to do any of those things. He has accordingly a special right to assign all and any of his rights either fully or for a limited period or to one or more persons and also license to do any specific acts out of the many of his rights.

Rights of a copyright holder (which when violated lead to infringement):

(A) In the case of literary, dramatic or musical work, not being a computer program

  • to reproduce the work in any material form including the storing of it in any medium by electronic means;
  • to issue copies of the work to the public not being copies already in circulation;
  • to perform the work in public, or communicate it to the public; to make any cinematography film or sound recording in respect of the work;
  • to make any translation of the work; to make any adaptation of the work;
  • to do, in relation to a translation or an adaptation of the Work, any of the acts specified in relation to the work in Sub-clauses (i) to (vi);

(B) in the case of computer program -

  • to do any acts specified in clauses (a);
  • to sell or give on hire, or offer for sale or hire any copy of
  • the computer program, regardless of whether such copy has been sold or given on hire on earlier occasions;

(C) in the case of an artistic work –

  • to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work;
  • to communicate the work to the public;
  • to issue copies of the work to the public not being copies already in circulation;
  • to include the work in any cinematography film.
  • to make any adaptation of the work;
  • to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);

(D) in the case of a cinematography film -

  • to make a copy of the film including a photograph of. any image forming part thereof;
  • to sell or give on hire or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions;
  • to communicate the film to the public; (e) in the case of sound recording -
  • to make any other sound recording embodying it;
  • to sell or give on hire or offer for sale or hire, any copy of the ,sound recording, regardless of whether such copy has been sold or given on hire on earlier occasions;
  • to communicate the sound recording to the public;

Period of Copyright:

The period for which the copyright subsists is the lifetime of the author plus sixty years from the calendar year in which the author dies.

In case of photographs and films and records, the term of sixty years shall be calculated from the beginning of the calendar year in which they are published.

Where there are joint authors, the term of sixty years commences from the beginning of the calendar year in which the last of them dies.

Assignment of Copyright:

The owner of the Copyright can assign any one or more of his numerous rights or any combination of those rights. It can be limited to the areas or may be worldwide. It can be also be limited to parts of single rights. Publication rights and performing rights can be assigned for a period of years of for he duration of whole period.

Licence:

The subject matter of licence can be the same as that which could be assigned; the difference being the licencee gets the right to exercise a particular right subject to the conditions stipulated in the licence and he does not become the owner of that right. Licence is ordinarily understood as one given for specified functions under the copyright, which may be extensive or may be limited.

Registrar of Copyright and Copyright Board:

The administrative authorities established for administrating the Copyright Act are the Registrar of Copyright and the Copyright Board.

Registration Requirements:

Details required about copyright registration  &  Format of Forms :

 

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