1) What is Copyright?

Copyright in a broader sense is a bundle of legal rights given exclusively to the creator of the work which is categorized under the Copyright Act, 1957.  The exclusive rights can also be availed by an assignee.

2) It is mandatory to have Copyright?

As a matter of fact it is not compulsory. Copyright grants “inherent protection” which means the creator/owner does not have to comply with any conditions for the purpose of copyright protection.

3) On what basis copyright is awarded?

 Based on the concept of originality and reducing the concerned work into a tangible form.  Originality signifies that the work must flow from the author of the work.

4) Is ideas covered under the Copyright Act?

Copyright Act is not bothered about ideas and what that matters is “method of expression of idea.”

5) What are the categories of work under the Copyright Act?

The main categories can be listed as that involving literary, dramatic, -musical, choreographic, pictorial, graphic, sculptural, computer programmer, and cinematographic work, audiovisual and sound recordings.

6) What is the duration of copyrighted work?

In the case of ‘literary work’ copyright lasts for the lifespan of the author and for fifty years after the authors’ death. In the case of anonymous and pseudonymous work the copyright will subsist for sixty years from the date of publication. Copyright for sound recording will be sixty years from the next calendar year of publication.  Copyright for cinematographic films will be sixty yeas from the next calendar year of publication.

7) Can copyright be assigned?

Copyright can be assigned by the execution of a written document signed by the holder of the copyright.  Licensing of copyright is also permissible under the Act, for a limited period of time.

8) Who is an author?

The creator/originator of the original expression in a work is its author.  The author is also the first owner of copyright unless there is a written agreement by which the author assigns the copyright to another person.  In the case of work made for hire, the employer is considered to the author.

9) What are the rights of an author?

Based on the specific categories of work mentioned in the Copyright Act, 1957, the author can derive specific and independent rights from a single category of work, signifying that copyright in a single category of work is having numerous other rights embedded in it.  Apart from this the author will be eligible for the “moral rights” of the author.  These rights include the right to be identified as an author and the right against the mutilation/distortion of the copyrighted work.

10) Does compulsory licensing applicable to copyrighted work?

Yes, an interested person can apply for compulsory licensing based on the provisions of the act.  The person has to apply to the copyright board, and the board will determine the terms and conditions under which the other person can get a compulsory license.

11) How copyright Act protect the infringement of copyright?

The law provides for civil and criminal remedies in case of infringement of copyright.  Copyright infringement is a cognizable offence and the arrest of the offender can be effectuated without the warrant and conduct search even without prior authorization of the court.  Copyright infringement if proved carries a minimum sentence of infringement of six months and a minimum fine of Rs.50, 000/- which can be extend up to Rs.2 lakhs.  The Act also envisages enhanced punishment.

When it comes to civil cases, the District Court having competent jurisdiction is empowered to give an interim injunction without notice to other party. Based an Order 39 Rule 7 a Commissioner can be appointed by the Court to inspect the premises of the infringers and can lease infringing material from the premises.