Introduction:
Understanding Copyright:
Copyright serves as the legal safeguard for intellectual
property. It gives the original creators and authorized individuals the
exclusive right to reproduce the work. Essentially, copyright prevents others
from copying or reproducing the work without the creator's permission. It applies
to a wide array of creative expressions, including literature, drama, music,
and art, among others.
Protected Categories of Works:
In India, copyright subsists in various classes of works,
including original literary, dramatic, musical, and artistic works, as well as
cinematograph films and sound recordings. Let's explore these categories in
more detail:
Literary Works: This category encompasses works in written
form, such as prose, poetry, and computer programs. However, the collection of
words without literary skill does not enjoy copyright protection.
Dramatic Works: Dramatic works include pieces intended for
recitation, choreography, or entertainment, where the form and arrangement are
fixed in writing.
Musical Works: Musical works consist of compositions and
graphical notations. They do not include lyrics or performances associated with
the music.
Artistic Works: Artistic works include paintings, sculptures,
drawings, engravings, photographs, and architectural designs. It also
encompasses arrangements and layouts of alphabets or features.
Cinematograph Films: Cinematograph films are visual
recordings produced through any medium that can create moving images. They may
be accompanied by sound recordings.
Sound Recordings: Sound recordings refer to recordings from
which sounds can be reproduced, regardless of the medium. This includes
phonograms and CDs.
Rights Granted by Copyright:
Copyright grants certain rights to the rights holder. These
include the authority to:
·
Reproduce
the work in various forms such as print, sound, or video.
Use the work for public performances, including plays or
musical performances.
·
Make
copies or recordings of the work, such as CDs or digital formats.
Broadcast the work in different mediums.
·
Translate
the work into other languages.
Duration of Copyright:
The duration of copyright varies based on specific factors.
In India, the general rule is that copyright expires 60 years after the
author's death. In cases of joint authorship or unknown authorship, the
duration is determined accordingly. Copyright does not require renewal under
Indian law.
Copyright Registration and Copyright Office:
While copyright protection automatically applies to a work
upon creation, registering your work with the Copyright Office in India is
advisable. Registration provides prima facie evidence of your ownership,
placing the burden of proof on others who claim otherwise. The Copyright Office
is responsible for handling copyright matters, and applicants can submit their
works and related documents online.
To ensure that your music is protected by copyright law, it
is important to go through the process of copyrighting it. Fortunately, this
process is quite simple. In fact, as soon as you create your music in a
tangible form, such as writing it down on paper or recording it, it is
automatically copyrighted. This means that you have the exclusive rights to
your song, and others cannot use it without your permission.
There is a distinction between copyrighting your music and
copyright registration.
It's important to note that copyright registration is
different from copyrighting your music. Some people mistakenly believe that
they need to register their music with the Indian Copyright Office to secure
copyright protection. However, the truth is that copyright protection is
automatic once you create your music in a tangible form. What the Copyright
Office provides is a certificate of registration, which serves as a formal
document confirming your ownership of the work and establishes a record of your
copyright at the Library of Congress.
While copyright protection is automatic, there are advantages to registering your works with the Indian Copyright Office. By doing so, you will have "prima facie" evidence that you were the first to create the work. In legal terms, "prima facie" means that the burden of proof falls on the other party to demonstrate that the work is not yours. Registering with the Copyright Office strengthens your position as the rightful owner of the work.
In summary, copyrighting your music is a straightforward
process that occurs automatically when you create your music in a tangible
form. Although registration with the Copyright Office is not required for
copyright protection, it offers additional benefits, including providing prima
facie evidence of your ownership.
Infringement
Copyright infringement occurs when someone performs certain actions without the appropriate permission or license from the copyright owner. These actions involve doing something that the copyright owner has the exclusive right to do. There are two types of infringement: primary infringement and secondary infringement.
Primary infringement happens when a person performs any of the following acts without the consent of the rights holder:
v Copying the work: Performing, showing, or playing a copyright-protected work in public
v Communicating the work to the public
v Issuing copies of the work to the public
v Renting or lending the work to the public
vMaking an adaptation of a copyright-protected work or engaging in any of the aforementioned acts in relation to an adaptation.
In India, there are copyright societies that are registered and entrusted with the responsibility of managing and safeguarding the copyrights of authors and other owners of creative works. These societies play a crucial role in the administration and protection of copyright in various artistic and intellectual works.
Some of the organizations in India are-
- Musical works: The Indian
Performing Right Society
Limited (IPRS) - Sound recording:
Phonographic Performance
Limited (PPL) - Reprographic (photo
copying) works: Indian Reprographic
Rights Organization (IRRO) - Performers’ (Singers’)
Rights: Indian Singers’ Rights
Association (ISRA).
Copyright plays a crucial role in safeguarding the rights of
creators in the artistic and creative realm. By understanding copyright basics
and the categories of protected works, creators can navigate the legal
landscape with confidence. Registering their works with the Copyright Office
provides additional evidentiary support and strengthens their claims of
ownership.