Copyright,Registration,Introdu law Copyright Registration

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Introduction:Copyright registration can be obtained for original works of art, literature, books, music, films, cd's and computer programs. 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. How Copyright works?Section 13 of the Copyright Act provides that copyright shall subsist throughout India in certain classes of works which are enumerated in the section. Copyright subsists throughout India in the following classes of works:• Original literary, dramatic, musical and artistic works;• Cinematographic films; and• Sound recordings.  An artistic work means-• a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality;• a work of architecture; and• any other work of artistic craftsmanship."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. "Cinematographic 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 "Cinematographic" shall be construed as including any work produced by any process analogous to cinematography including video films. Protection of Rights of the Authors:Copyright protects the rights of authors, i.e., creators of intellectual property in the form of literary, musical, dramatic and artistic works and cinematographic films and sound recordings. Generally the author is the first owner of copyright in a work. "Author" as per Section 2(d) of the Act meansIn the case of a literary or dramatic work the author, i.e., the person who creates the work. In the case of a musical work, the composer.In the case of a cinematographic film, the producer. In the case of a sound recording, the producer. In the case of a photograph, the photographer. In the case of any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created. Term of Copyright: Sections 22 to 29 deal with term of copyright in respect of published literary, dramatic, musical and artistic works; anonymous and pseudonymous; posthumous, photographs, cinematographic films, sound recording, Government works, works of PSUs and works of international organisations.Literary, dramatic, musical or artistic works enjoy copyright protection for the life time of the author plus 60 years beyond i.e. 60 years after his death. In the case of joint authorship which implies collaboration of two or more authors in the production of the work, the term of copyright is to be construed as a reference to the author who dies last.In the case of copyright in posthumous, anonymous and pseudonymous works, photographs, cinematographic films, sound recordings, works of Government, public undertaking and international organisations, the term of protection is 60 years from the beginning of the calendar year next following the year in which the work has been first published. Assignment of Copyright: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 Section 18 of the Copyright Act provides for the assignment of copyright in an existing work as well as future work.In both the cases an assignment may be made of the copyright either wholly or partially and generally or subject to limitations and that too for the whole period of copyright or part thereof.However, in case of assignment of copyright in any future work, the assignment has the real effect only when the work comes into existence. Section 18(3) explains that a assignee in respect of assignment of the copyright in future work include the legal representative of the assignee, if the assignee dies before the work comes into existence. End Note:Thus, the copyright not only provides secure your work, but also helps you to protect your work from infringement. Section 54 to 62 of the Copyright Act, provides civil remedies for copyright remedies and Section 55 deals with remedies like injunctions, damages and accounts as are conferred by law for the infringement of a right. To know more about copy registration and its advantage by clicking here.