Copyright India

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Copyright India
(By Sangam Ghimire & Jyoti Pathak)

Meaning

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.

Indian work
"Indian work" means a literary, dramatic or musical work,
The author of which is a citizen of India; or
Which is first published in India; or
The author of which, in the case of an unpublished work is, at the time of the making of the work, a citizen of India.
Descriptions of work
Artistic work - An artistic work means
A painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality; A work of architecture; and Any other work of artistic craftsmanship.

Musical work
"Musical work" means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music. A musical work need not be written down to enjoy copyright protection.

Sound recording
"Sound recording" means a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM are sound recordings.

Cinematograph film
"Cinematograph film" means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and "cinematograph" shall be construed as including any work produced by any process analogous to cinematography including video films. Government work - "Government work" means a work which is made or published by or under the direction or control of • The government or any department of the government

• Any legislature in India, and
• Any court, tribunal or other judicial authority in India.

An author
• In the case of a literary or dramatic work the author, i.e., the person who creates the work • In the case of a musical work, the composer.
• In the case of a cinematograph film, the producer.
• In the case of a sound recording, the producer.
• In the case of a photograph, the photographer.
• In the case of a computer generated work, the person who causes the work to be created.

Duration of copyright

Literary
dramatic,
musical and
artistic works
Photographssixty years from the beginning of the calendar year next following the year in which the author dies. Anonymous and pseudonymous works
Posthumous work
Cinematograph films
Sound records
Government work
Public undertakings work
International organisations worksixty years from the beginning of the calendar year next following the year in which the work is first published.

Assignment of copyright

The author of a work is the first owner of the copyright (Section 17).However, for works made in the course of an author's employment under a contract of service; the employer is the first owner of the copyright. The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof: Provided that in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence. (Section 18) Section 19 lays down the modes of assignment- assignment can only be in writing and must specify the work, the period of assignment and the...
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