Copyright registration is the legal process of securing the exclusive rights to reproduce, distribute, and display a particular creative work. Under the Indian Copyright Act of 1957, copyright protection is available for various works such as literary, dramatic, musical, and artistic works, sound recordings, and cinematographic films.
At MAK LAW, we often receive inquiries from individuals and businesses regarding their eligibility to register their work for copyright protection. In this article, we will provide a comprehensive guide on work eligibility for copyright registration in India.
Eligibility for Copyright Registration
To be eligible for copyright registration in India, the following criteria must be met:
Originality: The work must be original and not a copy of any existing work.
Fixed in a Tangible Form: The work must be fixed in a tangible form such as a manuscript, recording, or digital file.
Work Must be Complete: The work must be complete and not just an idea or concept.
Ownership: The person seeking registration must be the owner of the copyright or have obtained the rights from the owner.
Nationality or Domicile: The person seeking registration must be a citizen of India or domiciled in India.
Copyright Registration Process in India
The process of copyright registration in India is simple and straightforward. The application for registration must be made to the Registrar of Copyrights along with the required fees and supporting documents. The Copyright Office examines the application and issues a registration certificate if the application is found to be in order.
The following documents are required to be submitted along with the application:
Application Form: Form IV must be filled in and signed by the author or the owner of the copyright.
Identity and Address Proof: The applicant must provide their identity and address proof such as a passport or Aadhar Card.
NOC from the Author: If the applicant is not the author of the work, a No Objection Certificate (NOC) from the author is required.
Assignment Deed: If the applicant has obtained the rights from the owner, an assignment deed must be submitted.
Copies of the Work: Two copies of the work must be submitted along with the application.
Copyright Protection Duration
Copyright protection in India is granted for a period of the lifetime of the author plus sixty years from the year following the author’s death. If the work is of joint authorship, the copyright lasts for sixty years from the year following the death of the last surviving author.
Landmark Judgments
The Indian Copyright Act has been amended several times, and the judiciary has played an important role in interpreting and clarifying the provisions of the Act. Some of the landmark judgments on copyright law in India are:
R.G. Anand v. Deluxe Films: (1978) 4 SCC 118. This case dealt with the issue of copyright infringement and established the principle of substantial similarity in determining infringement.
Eastern Book Company v. D.B. Modak: (2008) 1 SCC 1. This case dealt with the issue of copyright protection for legal judgments and held that legal judgments are not copyrightable.
Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd.: (2008) 13 SCC 30. This case dealt with the issue of broadcasting copyrighted material and established the principle of exclusive rights of broadcasting organizations.
Indian Performing Rights Society v. Eastern Indian Motion Pictures Association: (1977) 2 SCC 820. This case dealt with the issue of the eligibility of works for copyright registration. The Indian Copyright Act, 1957, provides for the protection of a wide range of works, including literary, dramatic, musical, and artistic works. However, not all works are eligible for copyright protection. The Copyright Act lays down specific criteria that a work must satisfy to be eligible for copyright registration.
The eligibility criteria for copyright registration vary depending on the type of work. For literary, dramatic, and musical works, the work must be original, which means that it must not have been copied from an existing work. The work must also be expressed in a tangible form, such as a book or manuscript. In addition, the work must not have been published before its registration.
For artistic works, the eligibility criteria are similar. The work must be original, and it must have been created in a tangible form, such as a painting, sculpture, or photograph. In addition, the work must not have been reproduced before its registration.
The eligibility criteria for cinematograph films and sound recordings are slightly different. The Copyright Act defines a cinematograph film as any work of visual recording, including a sound recording, produced by any process. For a cinematograph film to be eligible for copyright registration, it must be original and must have been made for commercial purposes. In addition, the person or company that produced the film must be an Indian national or a resident of India.
Similarly, a sound recording is eligible for copyright protection if it is original and has been made for commercial purposes. The producer of the sound recording must also be an Indian national or a resident of India.
Apart from the eligibility criteria, there are certain other factors that can affect the registration of a copyright. For example, if the work has been created by a group of individuals, such as a musical band, all the members must agree to the registration of the copyright. If the work has been created by an employee during the course of their employment, the employer is considered the first owner of the copyright, unless there is an agreement to the contrary.
It is also important to note that copyright protection is not automatic. A copyright owner must register their copyright with the Copyright Office to enjoy the benefits of copyright protection. Registration is a simple process that involves filling out an application form and paying the prescribed fee.
In conclusion, the eligibility of a work for copyright registration depends on various factors such as its originality, tangible form, and commercial purpose. The Copyright Act of India lays down specific criteria that a work must satisfy to be eligible for copyright protection. It is important for copyright owners to understand these eligibility criteria to ensure that their works are eligible for copyright registration.