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REGISTRATION AND

TERM OF
COPYRIGHTS
WHAT IS A COPYRIGHT?
֍ exclusive legal right
֍ creator of an original work which include, rights to reproduce,
communicate, issue copies of, perform the work in public, and make
translation or adaptation of the work.

֍ Bundle of rights; Author’s rights 2

֍Expression of idea and not merely idea(Gregory Committee Report,


1952, para 9)

֍ Copyright Act, 1957 (copyright, moral rights, neighbouring rights)


֍ Copyright Rules,2013 (procedure – relinquishment, license)
֍ Agencies – © Office and © Board
WHY A COPYRIGHT?
֍ Fair Play: Reward creative efforts. “Thou shall not
steal”

֍ Exclusive rights for limited time → Negative right: 3

prevent copying/reproduction

֍ Copyright is necessary → encourage dissemination of


copyrighted works = public interest

“The copyright bargain: a
balance between
protection for the artist
and rights for the
consumer.”
Robin Gross

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1.REGISTRATION OF
COPYRIGHT
Let’s start! 
REGISTRATION OF ©
֍ Automatic on ‘fixation’ – applies as soon as work is in
a tangible medium

֍ Established by Berne Convention(1886) 6

֍ Subsist from when work is created, registration not


mandatory

֍ Register of Copyright – prima facie evidence


WHO CAN REGISTER?

1) the creator of the work

2) Any person claiming to have obtained the


ownership rights from the creator of the original 7

work

3) An agent who has been authorized to act on behalf


of the aforementioned people

4) A minor
ESSENTIALS

֍ Understand if work is eligible or not.

֍ Expression of idea, not the idea or thought


itself. 8

֍ Not a word.

֍ Original work.
PURPOSE OF © REGISTRATION

֍ Event of legal claim/infringement – produce


copy from official source
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֍ Prevents commercial use without permission.

֍ Operates against unauthorized copying.


YOU CAN REGISTER THESE

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YOU CANNOT REGISTER THESE

֍ Work not in tangible expression.

֍ Basic typographic finery, lettering, titles, 11

ingredients, contents, etc

֍ Idea, methods, systems, processes

֍ Facts and figures


PROCEDURE FOR REGISTRATION

֍ STEP 1 : Filing of Application


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֍ STEP 2 : Examination

֍ STEP 3 : Registration
FEES FOR REGISTRATION:
For an application for registration or copyright in a:
Rs. 500/- per
(a)Literary, Dramatic, Musical or Artistic work
work
(b)Provided that in respect of a Literary or Artistic work which is used or Rs. 2,000/- per
is capable of being used in relation to any goods (Section 45) work
For an application for registration of Copyright in a Cinematograph Film Rs. 5,000/- per
(Section 45) work
For an application for registration of copyright in a Sound Recording Rs. 2,000/- per
(Section 45) work

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EFFECT OF REGISTRATION
֍ intention of section – provide as option; no
obligation

֍ Registration under Sec.44 – rights conferred 14

by it such as reproduce, distribute, perform

֍ Establishes actual author of work


֍ Sec. 48 – prima facie evidence in court.
ADVANTAGES
֍ Creates public record.

֍ Take legal action against infringers.


֍ Registration made prior to infringement – claim 15

statutory damages.

֍ Record reg. with Indian Customs – protection


against import/export

֍ Protection – motivation for creation.


֍ benefits in the form of economic rights –
control over their work.

֍ Creators – reward for originality and


venture.
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֍ Use, reuse, reproduce and sell copies.
֍ Openly exhibit his work
֍ Sell or pass on rights
TERM OF ©
TERM
֍ Not perpetual in nature.
֍ Sections 22 to 29 – term.
֍ Varies according to nature of work and whether
author is legal or natural person.

֍ Literary, dramatic, musical work – lifetime of


author + 60 years

֍ Joint authorship – 60 years after the one who


dies last.
֍ Anonymous/ pseudonymous works – 60 years
from date of publication

֍ Posthumous – 60 years from date of publication

֍ Period of © for photograph – co-terminus with 19


artistic works. (Copyright Amendment Act,
2012) - sixty years after death of photographer.

֍ No renewal.
WHAT DID WE LEARN??
1) What a Copyright is.
2) Why a ©
3) Who can register for a ©
4) Essentials 20

5) What can and cannot be registered


6) Procedure for registration
7) Effect and Advantages
8) Term of ©
JUST A LITTLE EXTRA SOMETHING 

Have any of you ever wondered why when you


go to a restaurant, the restaurant has their
own proprietary birthday song? 21

Well, its because the “Happy Birthday to You”


song that each of you know and sing to your
friends on their birthday is copyrighted.
Thus, restaurants create their own birthday
songs to avoid copyright infringement.

Copyright is everywhere.
Every video, every picture,
every written piece, every
audio file, every sculpture,
every building design
created this year will be
copyright protected, at least
initially and at least to some
degree.

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WHEN ITS ALMOST NEAR
OVER.... CREDITS!!!!!!!

Special thanks to all the Websites who made


and released these awesome resources for
free: 24

֍ Presentation template by SlidesCarnival


֍ Photographs by Unsplash
֍ Cartoons and data from Google 
֍ Compilation – Me
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