Copyright is a form of intellectual property applicable to any expressible form of an idea
or information that is substantive and discrete. Copyright law protects expressions of ideas
rather than the ideas themselves. Copyright law provides for protection of Original Works of
authorship including literary, dramatic, musical, artistic, cinematographic, photographic
and sound recording works. Original means, that the work has not been copied from any other
source. Protection starts as soon as an idea is expressed on a tangible form. Authors of
musical, cinematographic and literary works may now be entitled to royalty in case their
works are used for commercial purposes. Copyright provide bundle of exclusive rights vested
in the owner of copyright by virtue of Section 14 of the Act. These rights can be exercised
only by the owner of copyright or by any other person who is duly licensed in this regard by
the owner of copyright.
Copyright is a legal concept, enacted by most governments, giving the creator of an original
work exclusive rights to it, usually for a limited time. Generally, it is \"the right to
copy\", but also gives the copyright holder the right to be credited for the work, to
determine who may adapt the work to other forms, who may perform the work, who may
financially benefit from it, and other related rights. Computer programs are considered as
literary works and are protected under the Copyright Act. There is no copyright in an
idea.
The contemporary intent of copyright is to promote the creation of new works by giving
authors control of and profit from them. The Indian law of copyrights is enshrined in the
Copyright Act, 1957. The Act seeks to provide for the registration of copyrights in India.
The object of copyright law is to encourage authors, artists and composers to create
original works by rewarding them with exclusive right for a fixed period to reproduce the
works for commercial exploitation. Registration of Copyright is optional. However it is
always advisable to obtain a registration for a better protection. 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 disputes relating to ownership of copyright. Both published and unpublished
works can be registered. When a work has been registered as unpublished and subsequently it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.
The general rule is that copyright lasts for life + 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 organizations, the 60-year period is counted from the
date of publication. Anyone who claims copyrights in a work can use copyright notice to
alert the public of the claim. It is not necessary to have a registration to use the
designations though it is highly advisable to incorporate a copyright notice like the
symbol, letter \"c\" in a circle or the word \"Copyright\" followed by name of copyright
owner and year of first publication. For example, © CS Ashay R. Verma, 2016.
It is the responsibility of the owner to see that his copyright is not being used or
infringed upon by someone else. It is the owner\'s duty to file a suit of infringement
against the infringer. The reliefs which may be usually awarded in such a suit are
Criminal action also can be taken on the basis of copyright registration. 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.
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particular systems or information technology environment.
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The material contained herein above is the intellectual property of CS Ashay R. Verma and the
copyright of the Institute of Company Secretaries of India. No part of the material
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Secretaries of India.