The importance of copyright has been tremendously increased in recent times due to the terrific advancement of technology in the fields of communication, entertainment and information technology. Copyright registration of a work is highly recommended to initiate an infringement action. As per the Copyright Act, the Registration of copyright in a work is prima facie evidence in all courts.
Who owns Copyright in a work?
The first owner of copyright in a work is the author. If the work is done in course of employment then employee is the first owner, unless there is an agreement to the contrary. Where the work includes material from different owners, or for example is a translation of an original work, the several owners may have separate copyright in the final work. No objection certificate or relevant transfer documents to be obtained from the employees or appointed workers.
What is the term of Copyright protection?
The term of copyright varies according to the nature of work and depends on whether the author is a natural person or legal person (Company/Partnership firm/Trust).
• In the case of literary, dramatic, musical or artistic work (other than a photograph), when published during the lifetime of the author, copyright subsists during the lifetime of the author, plus sixty years.
• In the case of photographs, cinematograph films and sounds recordings; the term is sixty years from the date of publication.
• When the first owner of copyright is the government or a public undertaking, the term of copyright is sixty years from the date of publication.