|
A HAND BOOK OF COPYRIGHT LAW Government of India Ministry of Human Resource Development Department of Secondary Education and Higher Education
This book is not a substitute for the Copyright Act and Rules. It
is intended to serve as an information booklet for enforcement agencies as
well as the general public. Government officers and general public are
requested to refer to the Copyright Act, 1957 (as amended from time to time)
and the Copyright Rules, 1958 (as amended from time to time) before taking
any action with reference to copyright registration and infringement. Copies
of the Act and Rules may be obtained from the Controller of Publications,
Government of India, Civil Lines, Delhi- 110 054.
I N T R O D U C T I O N
There is an acute lack of awareness on various issues relating
to copyright and related rights amongst stakeholders, enforcement agencies,
professional users like the scientific and academic communities and members
of the public. The questions put forth by the representatives of these
sections of society vary from those relating to the very fundamentals of
intellectual property rights to those which relate to practical applications.
The Ministry of Human Resource Development has for some time been
contemplating a publication to answer such queries. In this booklet, an
attempt has been made to provide clarifications on most of the issues
relating to copyright law and its enforcement in a question – answer format.
The language used is jargon free and user friendly.
2. I deeply appreciate the efforts put forth by Smt. P.V.
Valsala G. Kutty, Deputy Secretary and Shri T.C. James, Under Secretary in
bringing out this publication.
3. I hope that this handbook will prove useful to enforcement
agencies and the general public.
S
Secretary to Government of India, Department of Secondary Education and Higher Education
RATIONALE OF COPYRIGHT PROTECTION
What
is copyright?
Copyright
is a right given by the law to creators of literary, dramatic, musical and
artistic works and producers of cinematograph films and sound recordings. In
fact, it is a bundle of rights including, inter alia, rights of
reproduction, communication to the public, adaptation and translation of the
work. There could be slight variations in the composition of the rights
depending on the work.
Why
should copyright be protected?
Copyright
ensures certain minimum safeguards of the rights of authors over their
creations, thereby protecting and rewarding creativity. Creativity being the
keystone of progress, no civilized society can afford to ignore the basic
requirement of encouraging the same. Economic and social development of a
society is dependent on creativity. The protection provided by copyright to
the efforts of writers, artists, designers, dramatists, musicians, architects
and producers of sound recordings, cinematograph films and computer software,
creates an atmosphere conducive to creativity, which induces them to create
more and motivates others to create.
Is
it not true that strict application of the principle of protection of
copyright hampers economic and cultural development of the society?
Yes.
If copyright protection is applied rigidly, it can hamper progress of the
society. However, copyright laws are enacted with necessary exceptions and
limitations to ensure that a balance is maintained between the interests of
the creators and of the community.
To
strike an appropriate and viable balance between the rights of the copyright
owners and the interests of the society as a whole, there are exceptions in
the law. Many types of exploitation of work which are for social purposes
such as education, religious ceremonies, and so on are exempted from the
operation of the rights granted in the Act. Copyright in a work is considered
as infringed only if a substantial part is made use of unauthorizedly. What
is ‘substantial’ varies from case to case. More often than not, it is a
matter of quality rather than quantity. For example, if a lyricist copy a
very catching phrase from another lyricist’s song, there is likely to be
infringement even if that phrase is very short.
Does
the law allow any use of a work without permission of the owner of the
copyright, and, if so, which are they?
Subject
to certain conditions, a fair deal for research, study, criticism, review and
news reporting, as well as use of works in library and schools and in the
legislatures, is permitted without specific permission of the copyright
owners. In order to protect the interests of users, some exemptions have been
prescribed in respect of specific uses of works enjoying copyright. Some of
the exemptions are the uses of the work
i.
for the
purpose of research or private study,
ii.
for criticism
or review,
iii.
for reporting
current events,
iv.
in connection
with judicial proceeding,
v.
performance
by an amateur club or society if the performance is given to a non-paying
audience, and
vi.
the making of
sound recordings of literary, dramatic or musical works under certain
conditions.
What
is the scope of protection in the Copyright Act,1957 ?
The
Copyright Act, 1957 protects original literary, dramatic, musical and
artistic works and cinematograph films and sound recordings from unauthorized
uses. Unlike the case with patents, copyright protects the expressions and
not the ideas. There is no copyright in an idea.
Does
copyright apply to titles and names ?
Copyright
does not ordinarily protect titles by themselves or names, short word
combinations, slogans, short phrases, methods, plots or factual information.
Copyright does not protect ideas or concepts. To get the protection of
copyright a work must be original.
WORK
What
is a work?
A
work means any of the following , namely, a literary, dramatic, musical or
artistic work, a cinematograph film, or a sound recording.
What
is a work of joint authorship?
"Work
of joint authorship" means a work produced by the collaboration of two
or more authors in which the contribution of one author is not distinct from
the contribution of the other author or authors.
What
are the classes of works for which copyrights protection is available in
India?
Copyright
subsists throughout India in the following classes of works:
What
is an artistic work?
An
artistic work means-
What
is a musical work?
"Musical
work" means a work consisting of music and includes any graphical
notation of such work but does not include any words or any action intended
to be sung, spoken or performed with the music. A musical work need not be
written down to enjoy copyright protection.
What
is a sound recording?
"Sound
recording" means a recording of sounds from which sounds may be produced
regardless of the medium on which such recording is made or the method by
which the sounds are produced. A phonogram and a CD-ROM are sound recordings.
What
is a cinematograph film?
"Cinematograph
film" means any work of visual recording on any medium produced through
a process from which a moving image may be produced by any means and includes
a sound recording accompanying such visual recording and "cinematograph"
shall be construed as including any work produced by any process analogous to
cinematography including video films.
What
is a government work?
"Government
work" means a work which is made or published by or under the direction
or control of
What
is an Indian work?
"Indian
work" means a literary, dramatic or musical work,
AUTHORSHIP AND OWNERSHIP
Whose
rights are protected by copyright?
Copyright
protects the rights of authors, i.e., creators of intellectual property in
the form of literary, musical, dramatic and artistic works and cinematograph
films and sound recordings.
Who
is the first owner of copyright in a work?
Ordinarily
the author is the first owner of copyright in a work.
Who
is an author?
Who
all have rights in a musical sound recording?
There
are many right holders in a musical sound recording. For example, the
lyricist who wrote the lyrics, the composer who set the music, the singer who
sang the song, the musician (s) who performed the background music, and the
person or company who produced the sound recording.
Is
it necessary to obtain any licence or permission to use a musical sound
recording for public performance?
A
sound recording generally comprises various rights. It is necessary to obtain
the licences from each and every right owner in the sound recording. This
would ,inter alia, include the producer of the sound recording, the
lyricist who wrote the lyrics, and the musician who composed the music.
Who
is the owner of copyright in a government work?
In
the case of a government work, government shall, in the absence of any
agreement to the contrary, be the first owner of the copyright therein.
Who
is the owner of copyright in the work of a public undertaking?
In
the case of a work made or first published by or under the direction or
control of any public undertaking, such public undertaking shall, in the
absence of any agreement to the contrary, be the first owner of the copyright
therein.
Who
is the owner of copyright in works by journalists during the course of their
employment?
In
the case of a literary, dramatic or artistic work made by the author in the
course of his employment by the proprietor of a newspaper, magazine or
similar periodical under a contract of service or apprenticeship, for the
purpose of publication in a newspaper, magazine or similar periodical, the
said proprietor shall, in the absence of any agreement to the contrary, be
the first owner of the copyright in the work in so far as the copyright
relates to the publication of the work in any newspaper, magazine or similar
periodical, or to the reproduction of the work for the purpose of its being
so published, but in all other respects the author shall be the first owner
of the copyright in the work.
Who
is the owner of a work produced during the course of the author’s employment?
In
the case of a work made in the course of the author’s employment under a
contract of service or apprenticeship, the employer shall, in the absence of
any agreement to the contrary, be the first owner of the copyright therein.
Who
is the owner of the copyright in the case of a work produced for valuable
consideration at the instance of another person?
In
the case of a photograph taken, or a painting or portrait drawn, or an
engraving or a cinematograph film made, for valuable consideration at the
instance of any person, such person shall, in the absence of any agreement to
the contrary, be the first owner of the copyright therein.
Is
copyright assignable?
Yes.
The owner of the copyright in an existing work or the prospective owner of
the copyright in a future work may assign to any person the copyright either
wholly or partially and either generally or subject to limitations and either
for the whole term of the copyright or any part thereof.
What
is the mode of assigning copyright?
It
shall be in writing signed by the assignor or by his duly authorised agent.
It shall identify the specific works and specify the rights assigned and the
duration and territorial extent of such assignment. It shall also specify the
amount of royalty payable, if any, to the author or his legal heirs during
the currency of the assignment and the assignment shall be subject to
revision, extension or termination on terms mutually agreed upon by the
parties.
Does
an assignment lapse automatically?
Where
the assignee does not exercise the rights assigned to him within a period of
one year from the date of assignment, the assignment in respect of such
rights shall be deemed to have lapsed after the expiry of the said period
unless otherwise specified in the assignment.
What
will be the period of assignment if not specifically stated in the
assignments?
If
the period of assignment is not stated, it shall be deemed to be five years
from the date of assignment.
What
will be the territorial extent of the assignment if not specified in the
assignment?
If
the territorial extent of assignment of the rights is not specified, it shall
be presumed to extend within the whole of India.
Can
an author relinquish copyright and, if so, how?
The
author of a work may relinquish all or any of the rights comprising the
copyright in the work by giving notice in the prescribed form to the
Registrar of Copyrights.
DIFFERENT RIGHTS
Are
copyrights same for all classes of works?
No.
The rights vary according to the class of work.
What
are the rights in the case of a literary work?
In
the case of a literary work (except computer programme), copyright means the
exclusive right
Is translation of an original work
also protected by copyright?
Yes. All the rights of the
original work apply to a translation also.
Are computer programmes protected
under Copyright Act?
Yes. Computer programmes are
protected under the Copyright Act. They are treated as literary works.
Are there any special rights in
computer programmes?
Yes. In addition to all the rights
applicable to a literary work, owner of the copyright in a computer programme
enjoys the rights to sell or give on hire or offer for sale or hire,
regardless of whether such a copy has been sold or given on hire on earlier
occasion.
What are the rights in a dramatic
work?
In the case of a dramatic work,
copyright means the exclusive right
What are the rights in an artistic
work?
In the case of an artistic work,
copyright means the exclusive right
What are the rights in a musical
work?
In the case of a musical work,
copyright means the exclusive right
What are the rights in a
cinematograph film?
In the case of a cinematograph
film, copyright means the exclusive right
What are the rights in a sound
recording?
What
is the right of reproduction?
The
right of reproduction commonly means that no person shall make one or more
copies of a work or of a substantial part of it in any material form
including sound and film recording without the permission of the copyright
owner. The most common kind of reproduction is printing an edition of a work.
Reproduction occurs in storing of a work in the computer memory.
What
is the right of communication to the public?
Communication
to the public means making any work available for being seen or heard or
otherwise enjoyed by the public directly or by any means of display or
diffusion. It is not necessary that any member of the public actually sees,
hears or otherwise enjoys the work so made available. For example, a cable
operator may transmit a cinematograph film, which no member of the public may
see. Still it is a communication to the public. The fact that the work in
question is accessible to the public is enough to say that the work is
communicated to the public.
What is an adaptation?
Adaptation involves the
preparation of a new work in the same or different form based upon an already
existing work. The Copyright Act defines the following acts as adaptations:
a.
Conversion of
a dramatic work into a non dramatic work
b.
Conversion of
a literary or artistic work into a dramatic work
c.
Re-arrangement
of a literary or dramatic work
d.
Depiction in
a comic form or through pictures of a literary or dramatic work
e.
Transcription
of a musical work or any act involving re-arrangement or alteration of an existing
work.
The making of a cinematograph film
of a literary or dramatic or musical work is also an adaptation.
Can any person translate a work
without the permission of the owner of the copyright in the work?
No. A person cannot translate a
work enjoying copyright without the permission of the copyright owner.
Is
there any copyright over news?
No.
There is no copyright over news. However, there is copyright over the way in
which a news item is reported.
REGISTRATION OF COPYRIGHT
Is it necessary to register a work
to claim copyright?
No. Acquisition of copyright is
automatic and it does not require any formality. However, certificate of
registration of copyright and the entries made therein serve as prima
facie evidence in a court of law with reference to dispute relating to
ownership of copyright.
What is the procedure for
registration of a work under the Copyright Act,1957?
Copyright comes into existence as
soon as a work is created and no formality is required to be completed for
acquiring copyright. However, facilities exist for having the work registered
in the Register of Copyrights maintained in the Copyright Office of the
Department of Education. The entries made in the Register of Copyrights serve
as prima-facie evidence in the court of law. The Copyright Office has
been set up to provide registration facilities to all types of works and is
headed by a Registrar of Copyrights and is located at B.2/W.3, C.R. Barracks,
Kasturba Gandhi Marg, New Delhi- 110 003, Tel: 338 4387
What
are the guidelines regarding registration of a work under the Copyright Act?
Chapter VI of the Copyright Rules,
1956, as amended, sets out the procedure for the registration of a work.
Copies of the Act and Rules can be obtained from the Manager of Publications,
Publication Branch, Civil Lines, Delhi or his authorised dealers on payment.
The procedure for registration is as follows:
Each and every column of the
Statement of Particulars and Statement of Further Particulars should be
replied specifically.
Both published and unpublished
works can be registered. Copyright in works published before 21st
January, 1958, i.e., before the Copyright Act, 1957 came in force, can also
be registered, provided the works still enjoy copyright. Three copies of
published work may be sent along with the application. If the work to be
registered is unpublished, a copy of the manuscript has to be sent along with
the application for affixing the stamp of the Copyright Office in proof of
the work having been registered. In case two copies of the manuscript are
sent, one copy of the same duly stamped will be returned, while the other
will be retained, as far as possible, in the Copyright Office for record and
will be kept confidential. It would also be open to the applicant to send
only extracts from the unpublished work instead of the whole manuscript and
ask for the return of the extracts after being stamped with the seal of the
Copyright Office.
When a work has been registered as
unpublished and subsequently it is published, the applicant may apply for
changes in particulars entered in the Register of Copyright in Form V with
prescribed fee.
Application for registration of
copyright alongwith statement of particulars and instructions for filling up
the statement of particulars are at Appendix - I.
TERM OF COPYRIGHT
Is copyright protected in
perpetuity?
No. It is protected for a limited
period of time.
What
is the term of protection of copyright?
The general rule is that copyright
lasts for 60 years. In the case of original literary, dramatic, musical and
artistic works the 60-year period is counted from the year following the
death of the author. In the case of cinematograph films, sound recordings,
photographs, posthumous publications, anonymous and pseudonymous
publications, works of government and works of international organisations,
the 60-year period is counted from the date of publication.
ADMINISTRATION OF COPYRIGHT LAW
Is
there any advisory body on copyright matters?
Yes.
The government has set up a Copyright Enforcement Advisory Council (CEAC).
The present composition of the CEAC is at Appendix- II.
Are
there special courts for copyright?
No.
There are no special courts for copyright cases. The regular courts try these
cases. There is a Copyright Board to adjudicate certain cases pertaining to
copyright.
What
are the powers of Copyright Board?
The
Copyright Act provides for a quasi-judicial body called the Copyright Board
consisting of a Chairman and two or more, but not exceeding fourteen, other
members for adjudicating certain kinds of copyright cases. The Chairman of
the Board is of the level of a judge of a High Court. The Board has the power
to:
i.
hear appeals against the orders of the Registrar of
Copyright;
ii.
hear applications for rectification of entries in the
Register of Copyrights;
iii.
adjudicate upon disputes on assignment of copyright;
iv.
grant compulsory licences to publish or republish works
(in certain circumstances);
v.
grant compulsory licence to produce and publish a
translation of a literary or dramatic work in any language after a period of
seven years from the first publication of the work;
vi.
hear and decide disputes as to whether a work has been
published or about the date of publication or about the term of copyright of
a work in another country;
vii.
fix rates of royalties in respect of sound recordings
under the cover-version provision; and
viii.
fix the resale share right in original copies of a
painting, a sculpture or a drawing and of original manuscripts of a literary
or dramatic or musical work.
The
present composition of the Board is at Appendix - III.
Has
the Registrar of Copyrights any judicial powers?
Yes. The Registrar of Copyrights
has the powers of a civil court when trying a suit under the Code of Civil
Procedure in respect of the following matters, namely,
PERFORMER’S RIGHTS
Who
is a performer?
As
per the Indian Copyright Act, a "Performer" includes an actor,
singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person
delivering a lecture or any other person who makes a performance.
What
is a performance?
"Performance"
in relation to performer’s right, means any visual or acoustic presentation
made live by one or more performers.
What
are the rights of a performer?
A performer has the following
rights in his/her performance:
What is the term of protection of
performer’s rights?
Performer’s rights subsist for 25
years.
What
are the rights of a performer in a cinematograph film?
Once
a performer has consented for incorporation of his performance in a
cinematograph film, he shall have no more performer’s rights to that
performance.
BROADCASTER’S RIGHTS
What is a broadcast?
"Broadcast" means
communication to the public:
What are the rights of a
broadcasting organization?
The rights of a broadcasting
organization with reference to a broadcast are :
What is the term of protection of
broadcaster’s rights?
The term of protection for
broadcaster’s rights is 25 years.
FOREIGN WORKS
Is
copyright of foreign works protected in India?
Yes.
Copyrights of works of the countries mentioned in the International Copyright
Order are protected in India, as if such works are Indian works.
Does
copyright subsist in a foreign work?
Copyright
of nationals of countries who are members of the Berne Convention for the
Protection of Literary and Artistic Works, Universal Copyright Convention and
the TRIPS Agreement are protected in India through the International
Copyright Order. A list of such countries is at Appendix- IV.
Which
are the international copyright conventions of which India is a member?
Copyright
as provided by the Indian Copyright Act is valid only within the borders of
the country. To secure protection to Indian works in foreign countries, India
has become a member of the following international conventions on copyright
and neighbouring (related) rights:
i.
Berne
Convention for the Protection of Literary and Artistic works.
ii.
Universal
Copyright Convention.
iii.
Convention
for the Protection of Producers of Phonograms against Unauthorised Duplication
of their Phonograms.
iv.
Multilateral
Convention for the Avoidance of Double Taxation of Copyright Royalties.
v.
Trade Related
Aspects of Intellectual Property Rights (TRIPS) Agreement.
COLLECTIVE ADMINISTRATION OF COPYRIGHTS
What is collective administration
of copyright?
Collective administration of
copyright is a concept where management and protection of copyright in works
are undertook by a society of owners of such works. Obviously no owner of
copyright in any work can keep track of all the uses others make of his work.
When he becomes a member of a national copyright society, that society,
because of its organisational facilities and strength, is able to keep a
better vigil over the uses made of that work throughout the country and
collect due royalties from the users of those works. Because of the country’s
membership in international conventions, the copyright societies are able to
have reciprocal agreements with similar societies in other countries for
collecting royalties for the uses of Indian works in those countries. From
this it can automatically be inferred that it will be in the interests of
copyright owners to join a collective administration organisation to ensure
better protection to the copyright in their works and for reaping optimum
economic benefits from their creations. Users of different types of works
also find it easy to obtain licences for legal exploitation of the works in
question, though the collective administrative society.
What
is a copyright society?
A copyright society is a
registered collective administration society. Such a society is formed by
copyright owners. The minimum membership required for registration of a
society is seven. Ordinarily, only one society is registered to do business in
respect of the same class of work. A copyright society can issue or grant
licences in respect of any work in which copyright subsists or in respect of
any other right given by the Copyright Act.
What
are the functions of a copyright society?
A
copyright society may:
i.
Issue
licences in respect of the rights administered by the society.
ii.
Collect fees
in pursuance of such licences.
iii.
Distribute
such fees among owners of copyright after making deductions for the
administrative expenses.
Are
there any registered copyright societies in India?
Yes.
The following are the registered copyright societies in India:
Is
it necessary to obtain licences from more than one society for exploitation
of a work?
In
many cases, it is necessary to obtain licences from more than one society.
For example, playing of the sound recording of music may involve obtaining a
licence from the IPRS for the public performance of the music as well as a
licence from the PPL for playing the records, if these societies have the particular
work in their repertoire.
MORAL RIGHTS
What are the moral rights of an
author?
The
author of a work has the right to claim authorship of the work and to
restrain or claim damages in respect of any distortion, mutilation,
modification or other acts in relation to the said work which is done before
the expiration of the term of copyright if such distortion, mutilation,
modification or other act would be prejudicial to his honour or reputation.
Moral rights are available to the authors even after the economic rights are
assigned.
Do the author’s moral rights
remain after assignment of copyright?
Yes. The moral rights are
independent of the author’s copyright and remains with him even after
assignment of the copyright.
Will failure to display a work
infringe the moral rights of an author?
No. Failure to display a work or
to display it to the satisfaction of the author shall not be deemed to be an
infringement of the moral rights of the author.
COPYRIGHT INFRINGEMENTS
Which
are the common copyright infringements?
The
following are some of the commonly known acts involving infringement of
copyright:
i.
Making
infringing copies for sale or hire or selling or letting them for hire;
ii.
Permitting
any place for the performance of works in public where such performance
constitutes infringement of copyright;
iii.
Distributing
infringing copies for the purpose of trade or to such an extent so as to
affect prejudicially the interest of the owner of copyright ;
iv.
Public
exhibition of infringing copies by way of trade; and
v.
Importation
of infringing copies into India.
Has the owner of an auditorium or
a hall any liability while renting out the place for communication to the
public of a copyrighted work?
Yes. If a person permits for
profit any place to be used for the communication of a work to the public,
where such communication constitutes an infringement of the copyright in the
work, unless he was not aware and had no reasonable ground for believing that
such communication to the public would be an infringement of copyright, he
will be deemed to have committed an offence under the Copyright Act.
What
are the civil remedies for copyright infringement?
A
copyright owner can take legal action against any person who infringes the
copyright in the work. The copyright owner is entitled to remedies by way of
injunctions, damages and accounts.
Which is the court having
jurisdiction over civil remedies in copyright cases?
The District Court concerned has
the jurisdiction in civil suits regarding copyright infringement.
What is the proof of the
authorship of a work?
Where, in the case of a literary,
dramatic, musical or artistic work, a name purporting to be that of the
author or the publisher appears on copies of the work as published, or, in
the case of an artistic work appeared on the work where it was made, the person
whose name so appears or appeared shall, in any proceeding in respect of
copyright in such work, be presumed, unless the contrary is proved, to be the
author or the publisher of the work, as the case may be.
What are the rights of owner over
infringing copies and equipments used for making infringing copies?
All infringing copies of any work
in which copyright subsists and all plates used or intended to be used for
the production of such infringing copies shall be deemed to be the property
of the owner of the copyright.
What are the remedies in the case
of groundless threat to legal proceedings?
Where any person claiming to be
the owner of copyright in any work, by circulars, advertisements or
otherwise, threatens any other person with any legal proceedings or liability
in respect of an alleged infringement of copyright, any person aggrieved
thereby may institute a declaratory suit that the alleged infringement to
which the threats related was not in fact an infringement of any legal rights
of the person making such threats and may in any such suit –
Is copyright infringement a
criminal offence?
Yes. Any person who knowingly
infringes or abets the infringement of the copyright in any work commits
criminal offence under Section 63 of the Copyright Act.
What are the punishments for a criminal offence under the copyright law?
The minimum punishment for infringement
of copyright is imprisonment for six months with the minimum fine of Rs.
50,000/-. In the case of a second and subsequent conviction the minimum
punishment is imprisonment for one year and fine of Rs. one lakh.
Is copyright infringement a
cognizable offence?
Any police officer, not below the
rank of a sub inspector, may, if he is satisfied that an offence in respect
of the infringement of copyright in any work has been, is being, or is likely
to be committed, seize without warrant, all copies of the work and all plates
used for the purpose of making infringing copies of the work, wherever found,
and all copies and plates so seized shall, as soon as practicable be produced
before a magistrate.
How are the seized infringing
copies or plates disposed off?
The Court may order delivery to
the owner of the copyright all such copies or plates.
Who is responsible for copyright
offence committed by a company?
Every person who at the time the
offence was committed was in charge of, and was responsible to the company
for, the conduct of the business of the company, as well as the company shall
be deemed to be guilty of such offence and shall be liable to be proceeded
against.
Which court can try copyright
offence cases?
No court inferior to that of a
Metropolitan Magistrate or a Judicial Magistrate of the first class shall try
any offence under the Copyright Act.
Can a police officer seize
infringing goods without warrant?
Yes. A police officer not below
the rank of sub inspector can seize without warrant all infringing copies of
the work.
APPENDICES
Appendix-I
Form
IV - Application for Registration of Copyright
To
The Registrar of Copyrights
Copyright Office
New Delhi- 110 001.
Sir,
In
accordance with Section 45 of the Copyright Act, 1957 (14 of 1957), I hereby
apply for registration of Copyright and request you that entries may be made
in the Register of Copyrights in the enclosed Statement of Particulars sent
herewith in triplicate.
I
also send herewith completed the Statement of Further Particulars relating to
the work.
(For
Literary, Dramatic, Musical and Artistic works only)
2.
In accordance with Rule 16 of the Copyright Rules, 1958, I have sent by
prepaid registered post copies of this letter and of the enclosed
Statement(s) to other parties concerned, as shown below:
Name
and addresses of the parties Date of dispatch
See
columns 7, 11, 12 and 13 of the Statement of Particulars and the party
referred in Col. 2 (e) of the Statement of Further Particulars.)
3.
The prescribed fee has been paid, as per details below:-
4.
Communications on this subject may be addressed to: -
5.
I hereby declare that to the best of my knowledge and belief, no person,
other than to whom a notice has been sent to as per paragraph 2 above has any
claim or interest or dispute to my copyright of this work or to its use by
me.
6.
I hereby verify that the particulars given in this Form and in the Statement
of Particulars and Statement of Further Particulars are true to the best of
my knowledge, belief and information and nothing has been concealed
therefrom.
Yours
faithfully,
Signature
by the applicant
List
of enclosures:
Place:
Date:
Statement
of Particulars
(to
be sent in triplicate)
1.
Registration No. (to be filled in by the Copyright Office)
2.
Name, address & nationality of the Applicant
3.
Nature of the Applicant’s interest in the Copyright of the work
4.
Class and description of the work
5.
Title of the work
6.
Language of the work
7.
Name, address & Nationality of the Author and if the author is deceased,
the date of decease
8.
Whether the work is published or unpublished
9.
Year and Country of first publication (Name, address and nationality of the
publisher)
10.
Years and countries of subsequent publications if any, and name, addresses
and nationalities of the publishers
11.
Names, address and nationalities of the owners of various rights comprising
the copyright in the workand the extent of rights held by each, together with
the particulars of assignments and licence, if any
12.
Names, addresses and nationalities of other persons if any, authorised to
assign or licence the rights comprising the copyrights
13.
If the work is ‘Artistic’ the location of the original work, including name
and address and nationality of the person in possession of the work, (in case
of an architectural work, the year of completion of the work should also be
shown).
13A.
If the work is an Artistic work which is used or is capable of being used in
relation to any goods, the application should include a certification from
the Registrar of Trade Marks in terms of the proviso to Sub-Section (i) of
Section 45 of the Copyright Act, 1957.
14.
Remarks, if any
Signature
of the Applicant
Place:
Date:
Statement of Further Particulars
(To
be sent in triplicate)
(For
Literary, Dramatic, Musical and Artistic works only)
1.
Is the work to be registered
a.
an original
work?
b.
a translation
of a work in the public domain?
c.
A translation
of a work in which Copyright subsists?
d.
an adaptation
of a work in the public domain?
e.
an adaptation
of a work in which Copyright subsists?
2. If the work is a translation or
adaptation of a work in which Copyright subsists:
a.
Title of the
original work
b.
Language of
the original work
c.
Name, address
and nationality of the author of the original
work
and if the author is deceased, the date of decease
d.
Name, address
and nationality of the publisher, if any,
of
the original work
e.
Particulars
of the authorization for a translation or adaptation
including
the name, address and nationality of the party authorizing:
3.
Remarks, if any
Signature Place: Date:
Instructions for filling up the Statement of Particulars annexed
to Form IV for the Registration of Copyrights
Col.3:- State whether the applicant is the author or publisher of the work or whether he/she is the owner assignee or licencee of any right comprising the copyright in the work or whether he has any other interest in the work. Col.4:- State whether the work is "Literary work" or "Dramatic Work" or "Musical work" or "Computer Software work" or "Artistic Work" or "Cinematograph Film" or "Sound Recording", [see sub- section (i) of Section 13]. Describe in brief the nature of the work (i.e. Drama, Novel, Biography, Poems, Lecturers Opera, Painting, Engraving, Photograph, Disco tapes, etc.) Col. 5 In regard to a work, a title must be given. Col. 6 If the work is in more than one language, all the languages should be shown.
Col.
7 For the definition of Author see clause ‘d’ of Section 2. Moreover,
irrespective of the personwho gave the ideas or suggestions, the author is
the person who has actually drawn or executed the work in question.
Col. 8 For definition of Publication see Section 3 of the Act, and if the work is posthumous work, see sub-section (2) of Section 24. Col. 9 If a work is published simultaneously in more than one country, state particulars of countries in which it is published and the exact date of publication (and not merely the year of publication) in each country. For meaning of simultaneous publication see section 5. Col. 10 In case of subsequent publication, state briefly the changes, if any, made in the first publication. Col.11 For the rights comprising the Copyright, see Section 14. If the rights are owned separately by different persons the rights of each person should be stated separately, including the extent of rights held by each person. In the case of a ‘Cinematograph Film’ or ‘Sound Recording’ also state in full particulars (viz. full names, addresses and nationalities) of the owners of Copyright of the work recorded in the Sound Recording like the composers, lyricists, story writers, etc. Col. 2 State the Particulars of the persons other than those mentioned in Col. 11, authorized to assign or licence the rights comprising the copyrights, if any. Col.13 State where and with whom the original work is located. This information is required to be supplied in case of artistic work as defined in Section 2 (c). Col.13A In case an artistic work is used or is capable of being used in relation to any goods, a Search Certificate from the Trade Marks Registry u/s 45 (1) of the Copyright Act, 1957 as amended from time to time, has to be procured, and enclosed in original with the application for registration of Copyright.
THE APPLICANTS/THEIR LEGAL REPRESENTATIVES MAY VISIT COPYRIGHT
OFFICE BETWEEN 2.30 PM AND 4.00 PM ON ANY WORKING DAY.
Second schedule to the Copyright Rules, 1958 (As amended from
time to time) enlisting various fee payable under the Copyright Act, 1957.
Appendix -II
Composition of Copyright Enforcement Advisory Council
Chairman
Additional Secretary, Department of Education, Ministry of Human Resource Development (Ex-officio)
Vice-Chairman
Joint Secretary in-charge of Book Promotion and Copyright Division, Department of Education (Ex-officio)
Members
Joint Secretary (Films), Ministry of Information & Broadcasting (Ex-officio) Joint Secretary, Department of Electronics (Ex-officio) Director General of Police, Government of Uttar Pradesh Director General of Police, Government of Andhra Pradesh Director General of Police, Government of Gujarat Director General of Police, Government of Punjab Director General of Police, Administration of Chandigarh Representative of the Federation of Indian Publishers, New Delhi. Representative of Authors’ Guild of India, New Delhi. Representative of the Federation of Publishers’ and Booksellers’ Associations in India, New Delhi. Representative of Film Federation of India, Mumbai Representative of National Association of Software Service Companies, New Delhi Representative of Phonographic Performance Limited, Mumbai. Representative of Indian Performing Right Society Ltd., Mumbai Representative of Cine Artistes Association, Mumbai
Appendix -III
Composition of Copyright Board
Chairman
Mr.S. Ramaiah (Former Law Secretary to the Government of India)
Member
Joint
Secretary-in-charge of Copyrights Ministry of Human Resource Development
Department of Secondary Education and Higher Education, Government of India
Joint
Secretary and Legal Adviser in the Ministry of Law, Justice and Company
Affairs) dealing with Department of Secondary Education and Higher Education,
Government of India
Law
Secretary, Government of Kerala
Law
Secretary, Government of Karnataka
Law
Secretary, Government of Rajasthan
Law
Secretary, Government of West Bengal
Law
Secretary, Government of Meghalaya
Law
Secretary, Government of Maharashtra
Law
Secretary, Government of Uttar Pradesh
Law
Secretary, Government of Madhya Pradesh
Appendix-IV
List of Countries included in the International Copyright Order,
1999
I. Berne Convention Countries
which have ratified/accepted/acceded to the 1971 Text of the Convention
Albania, Argentina, Australia, Austria, Bahamas, Bahrain, Barbados, Belarus, Benin, Bolivia, Bosnia & Herzogovina, Botswana, Brazil, Bulgaria, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chile, China, Colombia, Congo, Costa Rica , Cote d’Ivoire, Croatia , Cuba, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Holy See, Honduras ,Hungary, Iceland, Indonesia, Italy, Jamaica, Japan, Kenya, Latvia, Lesotho, Liberia, Libya, Lithuania , Luxembourg, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Namibia, Netherlands, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Russian Federation, Rwanda, Saint Kitts & Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Suriname ,Sweden, Switzerland, Thailand, The Former Yugoslavia Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom, United Republic of Tanzania, United States of America, Uruguay, Venezuela, Yugoslavia, Zambia, Zimbabwe (Total - 116 Countries)
II. Berne Convention
Countries which are yet to ratify/accept/accede to the 1971 Text of
Convention
Belgium,Canada,Chad,Fiji,Ireland,Israel,Lebanon,Liechtenstein,Madagascar,New
Zealand,Pakistan,Romania
III. Universal Copyright Convention Countries which have Ratified/Accepted/Acceded to the 1971 Text of the Convention Convention
Algeria, Australia, Austria, Bahamas,
Bangladesh, Barbados, Bolivia, Bosnia &Herzegovina, Brazil, Bulgaria,
Cameroon, China, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic,
Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Germany,
Guinea, Holy see , Hungary, Italy, Japan, Kenya, Mexico, Monaco, Morocco,
Netherlands, Niger, Norway, Panama, Peru, Poland, Portugal, Republic of
Korea, Russian Federation, Rwanda, Saint Vincent and the Grenadines, Saudi
Arabia, Senegal, Slovakia, Slovenia, Spain, Sri Lanka, Sweden, Switzerland,
Trinidad and Tobago, Tunisia, United Kingdom, United States of America,
Uruguay, Yugoslavia,
IV. Universal Copyright Convention Countries which are yet to
Ratify/Accept/Accede to the 1971 Text of the Convention
Andorra, Argentina, Belarus, Belgium,
Belize, Cambodia, Canada, Chile, Cuba, Fiji, Ghana, Greece, Guatemala, Haiti,
Iceland, Ireland, Israel, Kazakhistan, Lao People’s, Lebanon, Liberia,
Liechtenstein, Luxembourg, Malawi, Malta, Mauritius, New Zealand, Nicaragua,
Nigeria, Pakistan, Paraguay, Philippines, Tajikistan, Ukraine, Venezuela,
Zambia Democratic Republic
V. Phonograms Convention Countries
Argentina, Australia, Austria,
Barbados, Brazil, Bulgaria, Burkina Faso, Chile, China, Colombia, Costa Rica,
Cyprus, Czech Republic, Democratic Republic of Congo, Denmark, Ecuado, Egypt,
El Salvador, Fiji, Finland, France, Germany, Greece, Guatemala, Holy See ,
Honduras, Hungary, Israel, Italy, Jamaica, Japan, Kenya, Latvia, Luxembourg,
Mexico, Monaco, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru,
Republic of Korea, Russian Federation, Slovakia, Slovenia, Spain, Sweden,
Switzerland, The former Yugoslav Republic of Macedonia, Trinidad and Tobago,
United Kingdom,
United States of America, Uruguay, Venezuela,
VI. Countries Members of the World Trade
Organization
Angola, Antigua and Barbuda,
Argentina, Australia, Austria, Bahrain,Bangladesh, Barbados,Belgium,
Belize,Benin,Bolivia, Botswana, Brazil, Brunei, Darussalam, Bulgaria, Burkina
Faso, Burundi, Cameroon, Canada, Central African Republic, Chad, Chile,
Colombia, Congo, Costa Rica, Cote d’Ivoire, Cuba, Cyprus, Czech Republic,
Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Dominican
Republic, Ecuador, Egypt, El Salvador, European Community, Fiji, Finland,
France, Gabon, Gambia, Germany, Ghana, Greece, Grenada, Guatemala , Guinea,
Guinea-Bissau, Guyana, Haiti, Honduras, Hong Kong, Hungary, Iceland,
Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kenya, Korea, Kuwait,
Lesotho, Liechtenstein, Luxembourg, Macau, Madagascar, Malawi, Malaysia,
Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco,
Mozambique, Myanmar, Namibia, Netherlands, New Zealand, Nicaragua, Niger,
Nigeria, Norway, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines,
Poland, Portugal, Qatar, Romania, Rwanda, Saint Kitts & Nevis, Saint
Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Singapore,
Slovak Republic, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka,
Suriname, Swaziland, Sweden, Switzerland, Tanzania, Thailand, Togo, Trinidad
and Tobago, Tunisia, Turkey, Uganda, United Arab Emirates, United Kingdom,
United States of America, Uruguay, Venezuela, Zambia, Zimbabwe
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Saturday, 1 September 2018
A HAND BOOK OF COPYRIGHT LAW
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment