Period of Protection of Copyright Granted in India

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Period of Protection of Copyright Granted in India

The Period of copyright protection in India depends upon the kinds of work sought to be protected. Normally, copyright subsists in any literary, dramatic, musical, or artistic work published for the author's lifetime plus 60 after the author's death.

What exactly is copyright?

Simply put, copyright refers to the ‘right to copy’ that is exclusively available to the author or creator. Under the Copyright Act of 1957 provisions, if any other individual replicates or copies the original work of the author or creator (copyright owner), he or she will be charged with Copyright Infringement. Creativity is essential for the growth of any civilized society, and no civilized culture can afford to neglect it. In addition, for a society’s social and economic progress, it is necessary to promote innovation.

How can a copyright be obtained? 

Any creator or author interested in registering their copyrights has to do so by Section 45 of the Copyrights Act, 1957. Once the copyright gets registered, in the event of a disagreement about creation, the certificate can be used as evidence in a court of law. Copyright registration protects the original version from getting copied. However, copyright protection does not need a notice of protection or copyright registration since it is only a factual record.

The copyright owners can use the symbol ‘©’ to show their registration. However, if they still wish to register for the record, they can do so by following the steps below.

Registration Process 

• As an initial step, you must submit your application using Form XIV
• Each piece of copyright work requires six hard copies and 3 soft copies, and it is an application.
• The application needs to be signed by the owner and his legal representative.
• The copyright registration fee must be paid per the latest rules.
• Once the calendar number is received, the applicant must wait for 30 days to check if the work has been refused. In case of any objection, an officer will summon the parties and conduct a hearing. The examiner's decision is final and he has the right to approve or reject the request.
• In case of no objection, the application for copyright protection will be reviewed and registered.

Period of copyright protection

The following are the validity periods for copyright protection for different needs:

• Period of copyright protection in anonymous (unknown author) and pseudonymous (false name) work: In case a literary, dramatic, musical or artistic work published anonymously or pseudonymously, or copyright shall subsist only for a period of 60 years from the calendar year in which it is first published. But, if the identity of the author is disclosed before the expiry of the said period, then it shall subsist until sixty years from the calendar year following the year of death of the author.
• Period of copyright protection in cinematograph films: Period of 60 years from the beginning of the calendar year next to the year in which the film is published.
• Period of copyright protection in sound recording: Period of 60 years from the beginning of the calendar year next to the year in which the film is published.

Need Assistance?

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