Copyright in simple words is the right to copy. This means the original creators of the products and anyone they give authorisation to are the only ones with the exclusive right to reproduce the work. Copyrights in India are protected by COPYRIGHTS ACT,1957
Lets discuss the basics of copyright in a nutshell:
1) What is Copyright: Copyright is a form of intellectual property protection granted under Indian law to the creator of literature, drama, music, art, film, music etc. Copyright is a negative right and the owner of a copyright gets the right to prevent others from copying his work without his consent. A term of copyright in India is 60 years.
2) Why Copyright: If a work is protected by copyright, no one can imitate, copy or reproduce the original work in any other way. This helps the copyright owner to encash his work in the right market. It is not mandatory to get copyright protection but it is always advisable as to do so as it gives a protection that no one will be able to copy this work for a minimum guaranteed period. This in turn motivates and encourages the copyright owner to push himself and create more items.
3) How to Apply for Copyright:
File an application along with the requisite fee, needs to be submitted either in DD/IPO. One can submit an online form or mail a paper form.
Tip: Online applications have lower filing fees and faster processing times than paper applications.
Once this application is filed, it goes through the below steps:
How it works: Let’s try to understand this with an example. Mr Brilliant is a very talented artist. He poured in lot of mental effort and created a Graphic Design which is independent and void of duplication. Now to monetize his effort by selling the design, Mr Brilliant should safeguard his work legally by taking a copyright for his original creation of work (Graphic design) under COPYRIGHT ACT 1957 to protect.
Some Interesting Facts :
- Ideas per se cannot be protected; it is the expression of ideas in a material medium that is the subject matter of copyright protection.
- Usually copyright is possessed by a creator of the work, but sometimes even the employer of its creator or the person who has authorised the work can also own the copyright.
Even Businesses and start-ups get copyright registration related to instruction manuals, product literature and user guides.