In the present era where people are coming with the new innovative ideas, technologies, inventions, discoveries, thoughts and findings but at the same time some people are there dishonestly coping or imitating the ideas or whole concept of others. Therefore intellectual property rights are introduced to protect the statutory and exclusive rights of the actual owner and to provide the legal protection to the actual owner of the any mark, logo, design, work etc. One of the Intellectual Property Right to safeguard, protect and provide legal protection to the owner of any literary, dramatic, artistic, musical, cinematography films and sound recording is Copyright.
As per the layman language Copyright is a statutory right that is provided to the owner of any literary work, dramatic work, artistic work, musical word, cinematography films or sound recordings. Further this right provides all the enjoyment or benefits of that work to the owner of that work only. Under the Copyright the owner will have the right to reproduce, adapt, communicate to the public or translate the work. Further the area in which copyright is granted is mentioned below:
Literary Work: It includes books, presentation in literary form, printed education material, story, quotes etc.
Dramatic work: It includes plays, radio or television scripts etc.
Artistic Work: It includes logo, design, paintings, maps, sculpture etc.
Musical work: It includes musical notations, tones, rhythm etc.
Cinematography Films; It includes the visual recording, films, videos, presentation etc.
Sound Recording: It includes sound, voices etc.
The application for the copyright registration is filed on Form IV at the Copyright Office and a “Diary Number” is allotted to that application. Later on the department provides the thirty days of time period for filing of any objection or opposition if any person have doubt in relation to the application. Further if no objection is filed in the period of thirty days then the application will proceed towards the next step in which the examiner will scrutinize the Application and if no discrepancies found then the application will be proceed for the registration. Hence the whole process of copyright registration will take approximately 3-4 months for registration if no objection is filed and no discrepancies are found
Registration of the copyright for any work provides a lot of benefits to the author, publisher or applicant of that work. One of the benefits through the copyright registration is the legal protection to the work. If any persons tries to imitate or copy the work of that has already been copyrighted, then the person shall be punishable under Section 63 of the Copyright Act, 1957. It states that if any person knowingly infringes or abets to infringe any work then the same shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees. Further under Section 64 of the Copyright Act, 1957 any police officer not below the rank of the sub-inspector, is satisfied can seize without warrant all the copies or work which is being or likely to be committed.
Copyright Registration provides a number of benefits to the Applicant. Some of the benefits are mentioned below:
a) It provides the legal protection to the work of the Applicant and infringement of same is punishable under law.
b) The work remains in the safe custody.
c) It provides the Public Record of Ownership.
d) It is prima facie evidence.
e) It provides the right to sue in the court.
f) It provides all the legal rights and authorizes the owner of the work to sell, use, reuse or reproduce the copies of the work.
g) It provides rights to the owner to sell or authorize any other then the owner to use, produce or sell the work. Or the owner can transfer the rights in whole to some other person.
h) It provides rights solely to the owner or Applicant for a minimum period of 60 years.
Hence Copyright Registration provides a lot of advantage to the owner in relation to its work. In this period of time lot of people has innovative mind and ideas that leads to great invention and discoveries. Intellectual Property Rights by the way of the Copyright protects the rights of the persons whose work or ideas are copied, imitated or stolen by fraud. Copyright Registration is the process of claiming the possession or ownership on its own work.
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