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What is the difference between copyright and trademark?
Lists of works covered by copyright are usually not to be found in legislation. Works commonly protected by copyright throughout the world include:
* literary works such as novels, poems, plays, reference works, newspaper articles;
* computer programs, databases;
* films, musical compositions, and choreography;
* artistic works such as paintings, drawings, photographs, and sculpture;
* advertisements, maps, and technical drawings.
Owner of the copyright have several exclusive rights, which include
* reproduction right, which is the right to make copies of a protected work
* derivative work right, which is the right to create new works based on an existing copyrighted work by adapting or modifying the existing work (The new work is called a derivative work);
* distribution right, which is the right to sell, transmit or otherwise distribute copies of the work to the public;
* performance right, which is the right to perform a protected work in public; and
* display right, which is the rights to display a work in public.
Documents Required For Copyright Registration
- Pan Card of Applicant and Authorized Signatory
- Power of Attorney
- 4 Copies of work to be copyrighted
- NOC from publisher if applicant is other than publisher and work is published
- NOC from author if applicant is other than author
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.
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
Ordinarily the author is the first owner of copyright in a work.
No. The rights vary according to the class of work.
No. Acquisition of copyright is automatic and it does not require any formality. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
No. It is protected for a limited period of time.
The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the 60-year period is counted from the date of publication.
Yes. The government has set up a Copyright Enforcement Advisory Council (CEAC). The present composition of the CEAC is at Appendix- II.