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1. What are the different types of work covered under Copyright?

Copyright covers:

  • Literary, dramatic and musical work
  • Artistic work
  • Cinematographic film including sound track and video film
  • Computer programmes/software
2. What are the rights of a Copyright holder, which when violated lead to infringement?

A Copyright holder has the following rights:

  • To reproduce the work in any material form including the storing of it in any medium by electronic means
  • To issue copies of the work to the public, not being copies already in circulation
  • To perform the work in public or communicate it to the public
  • To make any cinematographic film or sound recording in respect of the work
  • To make any translation of the work
  • To make any adaptation of the work

In case of computer programs, the rights also include the right to sell or give on hire, or offer for sale or hire any copy of the computer programme, regardless of whether such copy has been sold or given on hire on earlier occasions.

3. What is the term of a Copyright?
  • If published within the lifetime of the author of a literary, dramatic, musical or artistic work (including a photograph), the term of a Copyright is for the lifetime of the author plus 60 years.
  • For cinematographic films, records, posthumous publication, anonymous publication, works of government and international agencies, the term is 60 years from the beginning of the calendar year following the year in which the work was published.
  • For broadcasting, the term is 25 years from the beginning of the calendar year following the year in which the broadcast was made.
4. What is the rule for transfer of Copyright?

The owner of the Copyright in an existing work or prospective owner of the Copyright in a future work may assign to any person the Copyright, either wholly or partially in the following manner:

  • For the entire world or for a specific country or territory; or
  • For the full term of Copyright or part thereof; or
  • Relating to all the rights comprising the Copyright or only part of such rights
5. What notice needs to be put on a work to seek Copyright protection?

When a work is published by authority of the Copyright owner, a notice of Copyright may be placed on publicly distributed copies. As per the Berne Convention for protection of literary and artistic works (to which India is a signatory), use of Copyright notice is optional. It is however a good idea to incorporate a Copyright notice.