Copyright for Authors: How to protect your creative work using Indian Copyright Laws?

Most authors find the idea of copyrighting their work as a troublesome idea due to the legal procedure, guidelines and so on. But the more scarier part for an author is the idea of someone stealing year-long hard work! In this article, I will explain the benefits, process and reasons for registering your creative work under Copyright laws.

What is a Copyright?

As soon as a creative work comes into existence, the author of the work gets immediate acquisition rights and protection against any infringement. However, such claims may not hold strong in the court of law in the absence of any clear ownership evidence. Hence, the laws on Copyright become an important aspect to claim your rights as it outlines various safeguards and guidelines for protection. The act defines Copyright as a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Copyright is available only for the expressions of original work, but not mere ideas or concepts. Such rights extend to rights of reproduction, communication to the public, adaptation and translation of the work.

Do you really need to register your creative work under the Copyright Laws?

Yes. When you spend years of effort into your work, it is essential that such work should be protected from any sort of plagiarism, content theft, etc. Intellectual property laws could come in handy to protect your work being exploited. The certificate of registration acts as a prima-facie evidence against a dispute concerning copyright claims. Lets understand how Copyright laws helps you as an author:

• Ensures certain minimum safeguards of the rights of authors over their creations.
• Encourages protection and reward for creativity
• Creates a conducive atmosphere for writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software.
• Acts as a source of motivation for the authors to create more creative work

Which Indian laws govern regarding Copyright protection?

The Copyright Act, 1957 establishes various rules, procedure and guidelines for protecting copyright of an author and have strict enforcement against any infringement. The broad scope of The Copyright Act, 1957 includes protection of original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses.

What is the period of Copyright protection?

Copyright protection is applicable for a limited period of time. The general rule in the case of original literary, dramatic, musical, and artistic works, copyright lasts for 60 years and is counted from the year following the death of the author.

Which are the common copyright infringements?

The following are some of the commonly known acts involving infringement of copyright:

• Making infringing copies for sale or hire or selling or letting them for hire;
• Permitting any place for the performance of works in public where such performance constitutes infringement of copyright;
• Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright ;
• Public exhibition of infringing copies by way of trade; and
• Importation of infringing copies into India.

What are the civil remedies for copyright infringement?

A copyright owner can take legal action against any person who infringes the copyright in the work. The copyright owner is entitled to remedies by way of injunctions, damages and accounts. The District Court concerned has the jurisdiction in civil suits regarding copyright infringement.

Is copyright infringement a criminal offence?

Yes. Any person who knowingly infringes or abets the infringement of the copyright in any work commits criminal offence under Section 63 of the Copyright Act. Punishment for a criminal offence under the copyright law include minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.