Copyright Protection on Literary Works in India

In this modern world, property enhances almost every aspect of human lives and influences the world in a variety of ways. We always seek new, innovative, Qualitative and efficient products. To protect the original works of the 'authorship' or an 'innovator'. Copyright is a legal term which is used to describe the Intellectual Rights that the 'artist' has over their 'literary and artistic works'. It is granted to the creator for 60 years from the publication and lifetime ownership to the owner. It protects the original work of the author; however, ideas cannot be protected thus can't be copyrighted. So, it can be said that copyright is the guardian of imagination. This article will focus on Copyright.

What is protected in Literary Work?

Literary work is the product of the human mind. It may consist of a series of verbal or numerical statements, not necessarily possessing aesthetic merit also capable of being expressed in writing, and creative labour, or judgment. The Copyright Act,1957 provides an inclusive definition of literary work, according to which the literary work also includes computer programming, database.

What category of work can be registered as Copyright under Literary Work?

The following category of work can be registered, under Literary Work Copyright:

1. Books
2. Novels & Songs
3. Song Lyrics
4. Comic Books
5. Concept Note
6. Letters
7. Lectures
8. Poem
9. Tables
10. Commentaries
11. Compilations
12. Directories & Dictionaries
13. Research papers or Desertions
14. Website Content
15. Almanac
16. Tickets
17. Questionaire and Question Paper
18. Brochure/Catalogue/Pamphlet
19. Translation
20. Newspaper
21. Activity Books

What cannot be Copyrighted?

In India, the Copyright Act, 1957 provides certain acts, which do not constitute an infringement of copyright namely fair dealing for:

• private use, including research;
• criticism or review,
• reporting current events in any media
• the recitation in public of any extract which has been published in the form of a literary or dramatic work;
• the publication in a collection, with bona fide intention for the use of educational institutions,

Copyright Registration Process for Literary Works

1. Discuss a copyright expert: about the category of Copyright registration.
2. Filling the Application
3. Examination of application: it is scrutinized by an examiner of authority.
4. In case of an objection: filed the authorities send out letters to the concerned parties.
5. Registration: Once everything is cleared from the side of registrar's end the applicant received and owner of that copyright can legally exercise all rights of copyright.
6. Required information for the registration of copyright

• Personal Information:- Name, address, and nationality of the applicant. Nature of the applicant whether he is owner and representative of that particular application.
• Nature of work:- Class & description, the title of the work. The language of the work should be mention in the application.
• Date of Publication:- If the possible date of publication in interval magazines should be mention.

How can we help you?

As an artist, Are you must be struggling to protect your rights? To avoid all the problems involved in case of infringement. Sign up with Online Legal India™ to be Copyright Holder. for your Literary Works. So, nobody can steal your creativity.