How is copyright protected in India?

How is copyright protected in India?
How is copyright protected in India?

The interesting aspect of copyright protection is that it need not be registered with any authority to be protected under law. Secondly, it protects only the tangible expression of an idea and not an idea itself. This has led to many a litigation to settle the idea-expression dichotomy.

The Indian 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 protection for ideas, procedures, methods of operation or mathematical concepts as such. In India, the duration of copyright for authors is life of the author plus 60 years after his/her death and for cinematograph films and sound recordings 60 years from the year of production. After the death of the owner, the rights pass on to his/her legal heirs.

Do we need to register a copyright?

Do we need to register a copyright?
Do we need to register a copyright?

No. Acquisition of copyright is automatic and it does not require any formality of registration. Copyright comes into existence as soon as a work is created. The office in charge of copyright registration is Copyright Office, 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi 110001.

The Indian copyright law protects literary works, dramatic works, musical works, artistic works, cinematograph films and sound recordings.

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.

Intellectual property rights can be defined as the rights given to people over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time.

Intellectual property rights are traditionally divided into two main categories –

  • Copyright and rights related to copyright
  • Industrial property

What are rights related to copyright?

What are rights related to copyright?
What are rights related to copyright?

Intellectual property rights can be defined as the rights given to people over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time.

Intellectual property rights are traditionally divided into two main categories-

  • Copyright and rights related to copyright
  • Industrial property

Rights related to copyright  – Rights granted to authors of literary and artistic works, and the rights of performers, producers of phonograms and broadcasting organizations. The main purpose of protection of copyright and related rights is to encourage and reward creative work.

A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place.

How is look and feel of Graphical User Interface protected under Copyright?

How is look and feel of Graphical User Interface protected under Copyright?
How is look and feel of Graphical User Interface protected under Copyright?

Graphical User Interface (GUI) allows a user to interact with applications of computers, mobiles, electronic equipments and the likes. Thus, GUI is an element of the program through which users can interact with various other features of the computer programme.
Copyright protects form of expression and can be used to protect source code and the object code of a computer programme. Furthermore, computer programme is protected as a literary work by the Indian Copyright Act and hence, the look and feel of Graphical User Interface (GUI) can be protected under the Copyrights.

Intellectual Property is the Property, which has been created by exercise of Intellectual Faculty. It is the result of persons Intellectual Activities.

Thus Intellectual Property refers to creation of mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce. Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially. These rights are statutory rights governed in accordance with the provisions of corresponding legislations. Intellectual Property rights reward creativity & human endeavor which fuel the progress of humankind. The intellectual property is classified into seven categories i.e . (1) Patent (2) Industrial Design (3) Trade Marks (4) Copyright (5) Geographical Indications (6) Lay out designs of integrated circuits (7) Protection of undisclosed information/Trade Secret according to TRIPs agreements.

How are Multimedia Products protected Indian Copyright Act?

How are Multimedia Products protected Indian Copyright Act?
How are Multimedia Products protected Indian Copyright Act?

Multimedia is a computer based interactive communications process that includes a combination of Writing, sound, image, still images, animation, video, computer software or interactivity content forms.

On the Internet, multimedia elements are often found to be embedded in web pages. Also, modern web browsers support a number of multimedia formats. Examples of multimedia applications include World Wide Web, Adobe/Macromedia Director, Interactive TV, Computer games etc.
Copyright protection for Multimedia work:  As multimedia is a combination of different elements, the Copyright protection has to be dealt in various classes. This is detailed in the table below.

Elements of Multimedia product protected as Copyright.

Intellectual Property is the Property, which has been created by exercise of Intellectual Faculty. It is the result of persons Intellectual Activities.

Thus Intellectual Property refers to creation of mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce. Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially.

These rights are statutory rights governed in accordance with the provisions of corresponding legislations. Intellectual Property rights reward creativity & human endeavor which fuel the progress of humankind.

The intellectual property is classified into seven categories i.e . (1) Patent (2) Industrial Design (3) Trade Marks (4) Copyright (5) Geographical Indications (6) Lay out designs of integrated circuits (7) Protection of undisclosed information/Trade Secret according to TRIPs agreements.

How is Database protected under Indian Copyright Act?

How is Database protected under Indian Copyright Act?
How is Database protected under Indian Copyright Act?

Database is a collection of records stored in a systematic way that can be best utilized. For example: Telephone directory, Yellow pages. Database is protected as literary work under Indian Copyright Act. However, some important points to consider are:

 

  • Single database may include multiple data records. Each and every data record has its own proprietary value and is evaluated as individual literary work. Therefore, each record must be protected as a single literary work.
  • When a database is used with a software application, while executing the application, information is retrieved, modified, added or deleted from the database. To perform such modification in databases, specific programming languages (eg: SQL) are available which helps in compilation of database. The manner in which the programming language commands are used can be termed as creative work. Therefore the task of compilation must be protected as a separate work.
  • Modification in original database which results in a new and better arrangement of the original database will not be considered as Copyright infringement.

What are related rights in terms of computer software?

What are related rights in terms of computer software?
What are related rights in terms of computer software?

Owner of the computer programme has all rights associated with it. Computer programme can be protected in literary work under the Indian Copyright Act. In addition, other related rights are exceptionally provided to the owner of the computer programme which includes right to sell and right to rent copies. However, right to rental is not allowed for computer programme/code which is not configured as a substantial part of the object to be rented.

Example: Say X has developed a computer software, Quick SPLIT-JOIN, used to spilt large size files to small size files so that files can be easily emailed and later on, small size files can be joined together to generate the original large size file. In this case X is the author as well owner of this software and has following rights:

  • Reproduce the software in any material form and store the same in any electronic format: X can store the software in CD-ROM, DVDs or a USB drive and can also upload the software on his personal website.
  • Issue copies to public: X can provide the copies to public. For example: a CD of the software with a computer book so that any person buying the book will have the Quick SPLIT-JOIN software or by uploading the software on his/her personal website so that public can download the software from the internet.
  • To perform the work:  X can make a user guide on how to use the Quick SPLIT-JOIN software.
  • To make any cinematograph film or sound recording in respect of the work: A presentation or a simple audio recording or both can be made on how to use the Quick SPLIT-JOIN software.
  • To make any translation of the work: X can make this software in different languages for example in Chinese, Hindi and Arabic. In simple terms, X can change the supported menus and user guides, audio language and presentation-content in different languages as X wishes to.  Conversion of source code into object code is considered translation.
  • To make any adaptation of the work: X has written the Quick SPLIT-JOIN software in C++ computer language and later on decides to create this software in VC++ computer language for  integrating this software to another existing VC++ application.
  • The same rights are also applicable in case of translation or adaptation of any software work as pointed out in aforementioned points.
  • To sell, commercially rent, or offer for sale any copy of the computer programme: X has exclusive rights to sell the Quick SPLIT-JOIN software by uploading on a website, selling it online and receiving the payment online. Further, X can make a deal to some software seller and sell software on profit sharing basis. (Specifically for computer programme).

What is Original Equipment Manufacturer (OEM) license?

What is Original Equipment Manufacturer (OEM) license?
What is Original Equipment Manufacturer (OEM) license?

When a customer purchases a pre- installed software from a PC provider (let’s say from an authorized distributor) then that Operating System package license is called as Original Equipment Manufacturer (OEM) license. The OEM license is specific to a particular machine on which it is installed by the PC provider. Therefore, this type of licensed version of software cannot be installed on other machine by a third person.

Intellectual Property is the Property, which has been created by exercise of Intellectual Faculty. It is the result of persons Intellectual Activities.

Thus Intellectual Property refers to creation of mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce. Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially.

These rights are statutory rights governed in accordance with the provisions of corresponding legislations. Intellectual Property rights reward creativity & human endeavor which fuel the progress of humankind. The intellectual property is classified into seven categories –

(1) Patent

(2) Industrial Design

(3) Trade Marks

(4) Copyright

(5) Geographical Indications

(6) Lay out designs of integrated circuits

(7) Protection of undisclosed information/Trade Secret according to TRIPs agreements.

What is exclusive license and non-exclusive license in copyright?

What is exclusive license and non-exclusive license in copyright?
What is exclusive license and non-exclusive license in copyright?
  • Exclusive License: It means a specific right is granted to a single owner. Licensee (individual or companies) solely has the right to use copy or distribute such work in the specific way as per the license. Example: Exclusive Right to publish a book in English is specifically given to a publisher say X in India for 10 years. However, the Publisher does not have the exclusive right to publish such book in any other language and in any other country for 10 years.
  • Non-exclusive License: Licensor can give specific rights to use copy or distribute more than one license (individual or companies). Example: non–exclusive right to sell a software CD is specifically given to two publishers say for example X and Y in India for 10 years tenure.

The initial registration of a trademark shall be for a period of ten years but may be renewed from time to time for an unlimited period by payment of the renewal fees.

Is copyright registration mandatory?

Is copyright registration mandatory?
Is copyright registration mandatory?

No it isn’t but getting copyright registration is the best way to seek legal remedy as it serves as a prima facie evidence in a court of law, in case of any dispute arising out of copyright ownership issue.

Intellectual Property is the Property, which has been created by exercise of Intellectual Faculty. It is the result of persons Intellectual Activities.

Thus Intellectual Property refers to creation of mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce. Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially.

These rights are statutory rights governed in accordance with the provisions of corresponding legislations. Intellectual Property rights reward creativity & human endeavor which fuel the progress of humankind.

The intellectual property is classified into seven categories –

(1) Patent

(2) Industrial Design

(3) Trade Marks

(4) Copyright

(5) Geographical Indications

(6) Lay out designs of integrated circuits

(7) Protection of undisclosed information/Trade Secret according to TRIPs agreements.