1.What is copyright ?

Sec.14 defines Copyright . Copyright is a creation of law , by which exclusive right to copy or reproduce a work is conferred on a person , by operation of law.

2.What are the subject matters covered under  the copyright Act? 

• Literary work
• Dramatic & Musical Work
• Artistic Work
• Cinematograph films
• Sound recordings
• Including computer software

The basic condition (Sec.13) is that all the above mentioned work shall be original.

Quality or the work is immaterial.

2. What is the tenure of the copyright ?

The tenure of the copyright is the life of the author / artist   + 6o years ( Sec.23)

3.Who is the first  owner of the copyright ?

• Author of the work
• Artist of the Artistic Work
• In case of cinematograph film and sound recordings  the Producer is the First owner

4.How a copyright can be acquired or transferred ?

A copyright can only be transferred by an agreement in writing.

5.Is the registration of copyright necessary?

No, the registration of copyright is not necessary ,and the same is optional . All rights vest with the author / artist  , the moment same is created .

Registration by the office of the Registrar of Copyrights is merely an acknowledgement of the existence of the copyright of a person.

6.Is there any international protection available to an Indian , against violation of copyright out of India ?

India is a signatory to the Berne Convention as well as Universal Copyright Convention , as such protection and legal remedies are available to Indian work out of India , as per the local laws of such country.

7.What protection is available to the foreign work  , in India ? 

All foreigners get the same kind of protection in India , as it may be available to any other Indian.

8 When a copyright is deemed to have been infringed ? 

When a person , without any license or authority in writing  copies , in similar or deceptively similar manner any work entitled to protection under the Copyright Act,1957 , shall be liable for civil and criminal action in the court of law. (Sec.51)

9. What are the legal remedies available under the provisions of the Copyright Act,1957? 

Both Civil and Penal remedies are available under the Provisions of the Copyright Act. All persons including manufacturer, publisher , wholesaler , and retailer , die maker , printer etc. are liable under law .

10.What are the Civil Remedies ,under law  (Sec.55)

• Suit for Infringement   and Permanent Injunction
• Damages
• Accounts of undue and illegal profits earned by the pirate can be claimed;
• Order for destruction of infringing material can be granted by the court;
• Last but not the least interim injunction can be claimed

11.What are the Criminal Remedies available , in case of infringement or violation of a copyright ?

• An offence under the Copyright Act,1957 is cognizable , therefore the Police has direct power to registered an FIR , investigate, Search and Seize the Goods with out the orders of the Court;
• Punishment provided is minimum Six Months extending up to 3 years with fine  of minimum of Rs.50,000/-  up to Rs.2,00,000/- (SEC.63)
• Sec.64 Gives power to police to Search and seize the infringing / pirated material , even in cases where the offences are  likely to be committed
• Sec.65 provides for Seizure of plates , dies etc. ,which are capable of using infringing material;

12.What are the acts , which are not considered as infringement of Copyright ?

Sec52 provides circumstances and instances where such acts may not be considered as infringement of copyright ,e.g. fair use, research etc.  

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