Who Can Register Copyright

• The Author: The author is either the individual who creates the original work or, in cases where the work is made during the scope of employment, the employer. This is termed a "work made for hire." Such authors or employers, as the case may be, are legally eligible to register copyright for the work.
• The Owner of Exclusive Rights: The copyright law grants individuals exclusive rights to control the use and distribution of original works. Owners of such exclusive rights are permitted to apply for copyright registration to formalize their claim over the work.
• The Copyright Claimant: The copyright claimant can be the original author or an individual or organization that has acquired ownership rights from the author through a formal written agreement.
• The Authorized Agent: An authorized agent is a representative permitted to act on behalf of the author, copyright claimant, or the owner of exclusive rights. Such an agent can also apply for copyright registration.
• Age and Co-Ownership Considerations: Copyright law imposes no age restrictions. Minors are eligible to register copyright, acknowledging that creativity knows no age. Moreover, when a work is created collaboratively by two or more individuals, they are considered co-owners unless an agreement specifies otherwise.
   

The Author: Legal Definition and Classifications

As per Section 2(d) of the Act, an "author" is defined in different categories of works:

1. Literary or Dramatic Work: The author is the person who creates the work.
2. Musical Work: The author is the composer of the music.
3. Artistic Work: The author is the artist who creates the artistic work.
4. Photograph: The author is the person taking the photograph.
5. Cinematograph Film: The author is the producer of the cinematograph film.
6. Sound Recording: The author is the producer of the sound recording.
7. Computer-Generated Work: For literary, dramatic, musical, or artistic works generated through a computer - The author is the person who causes the work to be created.
    

Additional Conditions for Authorship

• Unpublished Works: The author must be an Indian citizen or domiciled in India.
• Published Works: These must be first published in India or the author must be an Indian citizen or domiciled in India at the time of publication.

Exceptions to Authorship and Ownership of Copyright

While the general rule is that the author is the first owner of copyright, Section 17 of the Act outlines specific exceptions:

• Literary, Dramatic, Artistic Works [Section 17(a)] - If such a work is made by an author during employment under contract for publication in a newspaper, magazine, book, etc., then subject to any agreement to the contrary, the owner of the publication (newspaper, magazine, etc.) becomes the first owner of the copyright.
• Photographs, Paintings, Engravings, Cinematograph Films [Section 17(b)] - If such a work is made for valuable consideration (payment) at the instance of another person, then that other person commissioning the work becomes the first owner, unless there is an agreement otherwise.
• Work Made During Course of Employment [Section 17(c)] - If a work is created by an employee during the course and scope of employment, then the employer becomes the first owner, unless there is an agreement to the contrary.
• Government Works [Section 17(d)] - If a work is made or first published by/under the direction of the government, then the government becomes the first owner, unless there is a contrary agreement.
• Public Undertaking Works [Section 17(dd)] - Works made under the direction of a public body like a corporation, society, etc. That public body becomes the first owner of the copyright.
• International Organization Works [Sections 17(dd), 41] - Works created under directions of certain international organizations. That organization becomes the first owner of the copyright.
   

Procedure for Registering a Copyright

Step 1: Filing the Application

The copyright registration process begins with the submission of an application by the author, claimant, owner of exclusive rights, or authorized agent. Applications can be submitted:

• Physically at the copyright office
• Via speed/registered post
• Through e-filing on the official website.
   

Application Requirements

A separate application is required for each work, accompanied by the necessary details and documents, as well as the requisite fee. Fees vary based on the type of work. For example:

• Artistic works: ₹500
• Cinematograph films: ₹5,000
• Fees range: ₹500 - ₹40,000

Payment methods include demand draft (DD), Indian postal order (IPO) addressed to the Registrar of Copyright (New Delhi), or e-payment. Upon submission, the registrar issues a diary number to the applicant.
 

Step 2: Examination of the Application

A minimum waiting period of 30 days follows the diary number issuance to allow objections, if any. The examination process involves:

• No Objections Raised:
  • The examiner reviews the application for discrepancies.
  • If no discrepancies are found, the application proceeds.
  • If discrepancies exist, a discrepancy letter is sent, and a hearing is conducted. Resolved cases proceed further.
• Objections Raised:
  • Both parties receive notices and are heard by the registrar.
  • Resolved objections allow the application to proceed, while unresolved objections result in rejection.
     

Step 3: Registration

Upon resolution of all objections and discrepancies, the application proceeds to registration, and the registrar enters the details in the copyright register.

Infringement And Remedies

Where a person intentionally or unintentionally infringes the rights of the copyright holder, the holder may be subject to the following remedies available under this Act.

Civil Remedies

These remedies are given under Section 55 of the Copyright Act, 1957 which are:

1. Interlocutory Injunction - This is the most important remedy against copyright infringement. It means a judicial process by which one who is threatening to invade or has invaded the legal or equitable rights of another is restrained from commencing or continuing such act, or is commanded to restore matters to the position in which they stood previous to the relation. For granting the interlocutory injunction, the following three factors are considered necessary:
   • Prima Facie Case: An assumption of the court that the plaintiff can succeed in the case and become eligible for relief.
   • Balance of Convenience: The court will determine which party suffers the greater harm. This determination can vary with the facts of each case.
   • Irreparable Injury: It is difficult to decide and determine on a case-by-case basis. Examples include loss of goodwill or irrevocable damages to reputation.
      
2. Mareva Injunction - This is a particular form of the interlocutory injunction which restrains the defendant from disposing of assets that may be required to satisfy the plaintiff's claim or to remove them from the jurisdiction of the Court.
    
3. Anton Piller Order - This order is passed to take into possession the infringed documents, copies, and other relevant material of the defendant, by the plaintiff.
    
4. John Doe's Order - A John Doe injunction is typically issued when the plaintiff believes that copyright infringement has occurred but doesn't have specific information about the identity of the infringer. This type of injunction allows the plaintiff to take legal action against the unknown party without knowing their identity at the time of filing the lawsuit.
    
5. Pecuniary Remedies - There are three types of pecuniary remedies provided:
   • An account of profit: The sum of money made through unlawful conduct.
   • Compensatory damages: The copyright owner seeks the damages they suffered.
   • Conversational damages: These are assessed to the value of the article.
      

Criminal Remedies

For infringement of copyright, the criminal remedies provided under Section 63 include:

• Imprisonment not less than 6 months, which may extend up to 3 years.
• Fine may not be less than ₹50,000, which may extend up to ₹2,00,000.
• Search and seizure of copyrighted goods.
• Delivery of copyrighted goods to the copyrighted owner.

In the case of repeat offenders, the minimum punishment terms of 1 year and a fine of ₹1 lakh however, the highest punishment will be the same as the first-time offender.

Exceptions to Infringement: Fair Dealing

Fair dealing is the statutory limitation on the exclusive right of the copyright owner which permits the reproduction or use of copyrighted work in a manner that otherwise would have constituted infringement. This law is given under Section 52 of the Copyright Act, 1957 according to which the free uses can be made for any work except computer programs for the purposes:

1. For private and personal use including research,
2. For criticism and review,
3. For reporting current events or issues including lectures in public,
4. For broadcasting in cinematographic films or by posting photographs,
5. For reproduction and reporting of any judicial proceeding,
6. For reproduction, or publication of any kind of work prepared by a legislature,
7. For reproduction of any kind of work in a certified copy made or supplied in accordance with any law,
8. For reading and recitation of any literary or dramatic work in the public domain,
9. For publication of any non-copyright matter bona fide intended for the use of educational institutes, and
10. For recording any sound by the owner of the right in the work.

Doctrines and Legal Interpretations:

• Doctrine of Sweat of the Brow
  This doctrine suggests that copyright protection should be granted to works that involve significant labor, skill, and effort, even if they lack creative expression or originality. In other words, the effort put into creating a work should be recognized and protected by copyright law. The Indian courts have recognized this doctrine to a limited extent, particularly in cases involving compilations or database.
   
• Doctrine of Creative Standards
  This doctrine emphasizes that copyright protection should be granted only to works that exhibit a certain level of creativity or originality. The work should be the author's own intellectual creation and should not be a mere copy or imitation of an existing work. The Indian courts have generally followed this doctrine, and it is well-established that for a work to be eligible for copyright protection, it must satisfy the requirement of originality and creativity. This principle is derived from Section 13 of the Copyright Act, which defines a "work" as a literary, dramatic, musical or artistic work that is original.

Also Read:

• Copyright Registration in India