COPYRIGHT AN IPR RIGHT
Dear Readers
The digitization of economy and appreciation of business modules such as Ed-tech companies, virtual classes and learning modules, music applications (Savaan, Ganaa etc), architecture firms, original work created over social media and modules such as videos, photographs, articles or other creative work or development of computer software or mobile applications has made it significantly important to understand the intellectual property right of “Copy Right” and the law prevailing in India. Further, present circumstances of pandemic has concluded the future direction of business belongs to digital medium, India has seen a sharp rise in virtual mode of learning, Digitalisation of economy, development of computer or mobile applications at large scale, webinars and almost every medium of business is blending its business approach with digitalisation and accordingly there is swift need to restrict the plagiarism and infringement of original work.
CopyRight usually represented through © symbol, grants protection over the literary work or dramatic work or Photography or Painting or any other Artistic work or Sound Recording or Audio Recording or Video Recording or any musical work or cinematograph film or Computer Programme or any writing work be an article or book (Computer Applications or Software). The CopyRight Act, 1957 read with CopyRight Rules, 2013 states down the legal framework with respect to the protection of your Copyrighted work. CopyRight grants you an exclusive right to use the work unless rights assigned through license or transfer of right.
HOW TO REGISTER A COPYRIGHT
You can file an application for registration of CopyRight Office, Government of India, through an advocate or attorney, the process of registration takes around 5-9 months provided not objected. It is to be observed that registration of Copyright may not be mandatory as the right subsist within the author from the date of creation of work; however, registration of CopyRight is the prima facie evidence of the exclusive right in favour of the author. Further, Copy Rights grants an exclusive right to the author, wherein, some instance right extends to 60 years, no one can claim copyright over the work which is open in the public domain.
WHAT IF SOMEONE IS INFRINGING YOUR WORK
You can file a Commercial suit for infringement for damages as well as to restrain the other party from utilizing the stated CopyRight, Further, Section 63 of CopyRight law states that infringement of CopyRight is punishable offence with imprisonment which may extend to three years.
COPYRIGHT UNDER SOUND RECORDING, CINEMATOGRAPH AND MUSICAL WORK
Copyright act empowers the societies registered with the CopyRight board like India Performing Right Societies to register copyright and grant license therein, any organisation utilising the original work of author for monetary gain is not allowed to utilise the work, unless, granted through license, wherein, one can procure the license through societies, therefore, all places, which are using the work not in public domain is required to obtain the license unless exempted under section 52 of the act. Government, through notification, has clarified that no license is required for utilizing the sound recording in religious or marriage functions.
“Moral rights form the essence of copyright law. When they conflict with economic rights, moral rights must always prevent”
― Kalyan C. Kankanala
©Dixit Mehta ©DuctusLegal
DUCTUS EDGE 