What is Copyright?
Copyright is a legal right that grants creators of original works exclusive rights for their use and distribution. Under the Copyright Act, 1957, protection is granted to original literary, dramatic, musical, and artistic works, as well as cinematograph films and sound recordings.
Unlike patents, copyright protection is automatic upon the creation of the work. Registration is not mandatory but is highly recommended as it serves as *prima facie* (first-hand) evidence in a court of law in case of a dispute. The economic rights of a creator generally last for their lifetime plus 60 years after their death.
What is Not Protected by Copyright?
Copyright protects the *expression* of an idea, not the idea itself. The following are generally not protected by copyright:
- Ideas, procedures, methods, systems, or processes.
- Facts, data, and scientific principles.
- Names, titles, short phrases, and slogans (these may be protectable as trademarks).
- Works that are not fixed in a tangible form (e.g., an unrecorded speech or improvised dance).
- Information that is common property with no original authorship (e.g., standard calendars, rulers).
- Most works produced by the Government of India (these fall under government copyright with specific provisions).
Copyright Office in India
The Copyright Office is located in New Delhi and is under the administrative control of the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry.
New Delhi (Copyright Office)
The Registrar of Copyrights heads the Copyright Office, which handles the registration of copyright, maintains the Register of Copyrights, and performs other functions under the Copyright Act.
Copyright Lifecycle Flowchart
1. Creation
Copyright protection is automatic as soon as an original work is created.
2. Filing (Optional)
Application filed at the Copyright Office to get a registration certificate.
3. Examination
The office examines the application and waits 30 days for any objections.
4. Registration
If no objections (or discrepancies are resolved), the work is registered.
5. Term of Protection
Typically, lifetime of the author + 60 years. (No renewal needed).