Copyright in the Digital Age: A Vital Tool for Artists
The modern Internet and Digital age has drastically changed the landscape of art industry. With the emergence of digital art software technology artists can create more work and can easily circulate their art regardless of their location.
Internet exposure has brought art to people all over the world, dramatically increasing the demographic and target audience. By simply designing an attractive website and by posting art in online stores, an artist can reach millions of people all from his home. An artist can serve as an inspiration for many budding artists throughout the world by posting tutorials and videos to share his knowledge.
In addition, potential clients and employers from anywhere can easily see the portfolio of an artist and contact him with only a few mouse clicks.
In the face of technological advancement, copyright law has undergone continuous evolution. “Copyright” provides exclusive rights to the authors and artists in order to encourage the production of creative works. These exclusive rights are balanced by a range of limitations and exceptions that permit some uses of copyrighted works without the need for authorization. Copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work.
In this era of Internet and digitalization, copyright is an essential tool for the survival of an artist as it protects his creation and career. An artist may be too inspired by the work of another artist that he intentionally or unintentionally take on qualities of that artist’s work and fine line between inspiration and copying is often crossed.
In many cases, the aspiring artists may then too closely copy the style of an established artist and thus offer clients similar works at a much cheaper rate.
With modernization and computer revolution, Digital Piracy and Copyright Infringement has become very easy. So education and awareness about Intellectual Property infringement is something that is very important, especially in the art industry. An artist puts a lot of time and efforts in creating an art and how can anyone simply claim it as their’s and use it for their own needs without any permission granted whatsoever. Without a Copyright, art is susceptible to infringers.
Copyright, is an exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic , or musical material. Actually copyright is a legal right created by the law of a country that grants the creator of original work and given exclusive rights of its use and distribution, fora limited period of time
Copyright is a form of intellectual property, copyright are considered territorial rights,which means that they don’t extend beyond the territory of a specific jurisdiction.
It is a right which a person take for the protection of his business name which any other person didn’t take for the operation of business, as different person can do same business but the condition in copyright is that name shouldn’t be the same, as if it was, then the person who take the name of other person business for the operation of his business then it will be a offence and was punishable.
And now a days not only business like big brands, big restaurants, telecommunications etc, but websites are also involved in copyright act like Wikipedia, encyclopedia, yahoo.com, gmail.com, etc. they also make themselves register under copyright act for the exclusive rights through which websites make their names copyright and no other can take their names for the profitability, and now mobile applications are also there to register under the copyright act for the exclusive rights for the more profitability.
How to copyright ?
Following are steps of copyrighting;
Step 1: Filing the Application
Along with the requisite fee, an application needs to be submitted either in DD/IPO. Once this application is filed, a diary number is generated and issued to the applicant.
Step 2: Examination
There is a minimum wait of 30 days for recording and analysing any objections that may come up against the copyright application
a. In case of no Objection:
The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:
1. In case of discrepancy found during scrutiny:
A letter of discrepancy is sent to the applicant letter is generated and sent to the applicant.
Based on the reply from the applicant, the registrar conducts a hearing of the alleged discrepancy row.
Once the discrepancies are sorted during the hearing, the extracts of the same are sent to the applicant for him/her to register the copyright.
2. In case of zero discrepancy:
This would mean that the copyright application fulfil all criterion required for the copyright. The applicant is then given the nod to go ahead with the registration of the same.
(If the registration is not approved, then the applicant received a letter of rejection)
b. In case of an objection filed:
While we listed above the scenarios of ‘no objections’, in case one is faced with an objection, the following proceedings take place:
Authorities send out letters to the two concerned parties, trying to convince them to take back the objection. After requisite replies from the third party, the registrar conducts a hearing.
Depending on whether the registrar accepts the reply, the procedure takes shape
1. If the application is accepted:
The application being accepted means that the objection has been rejected. The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:
2. In case of discrepancy found during scrutiny:
A letter of discrepancy is sent to the applicant letter is generated and sent to the applicant.
Based on the reply from the applicant, the registrar conducts a hearing of the alleged discrepancy row.
Once the discrepancies are sorted during the hearing, the extracts of the same are sent to the applicant for him/her to register the copyright.
c. In case of zero discrepancy:
This would mean that the copyright application fulfils all criterion required for the copyright. The applicant is then given the nod to go ahead with the registration of the same. (If the registration is not approved, then the applicant received a letter of rejection)
d. If application is rejected:
In case this happens, then the applicant receives a rejection letter that marks the end of the copyright procedure.
Step 3: Registration
As can be seen from the aforementioned steps, the registration solely depends on the registrar. Once everything is cleared from the registrar’s end, the applicant received the copyright and can legally exercise all rights that come with the owner of that copyright.
Creativity is intelligence having fun. People admire intelligence, and they are always attracted to fun—so the combination is fantastic. Having said that one has to protect creativity by filing for copyright protection for the creative work. The purpose of filing international copyright application is to protect your Creativity in multiple countries which ACTS as an EVIDENCE in case of copyright work infringement.
Purpose of filing international copyright application is to protect your Creativity in multiple countries which ACTS as an EVIDENCE in case of copyright work infringement.
The Berne Convention for the Protection of Literary and Artistic Works (1886) is an International Agreement which deals with the protection of the literary and artistic work of the authors. The Berne Convention has 174 contracting parties/member countries and works on three basic concepts-
i) Works originating in a member state receive the same protection in each of the other member states. This is called as the principle of “National Treatment”.
ii) Under Berne Convention, no preconditions or formalities are required for the protection of work by law. This is known as the principle of “automatic protection”.
iii) According to the principle of “Independence of protection” the protection in each member state is governed by the state’s own domestic law i.e the legal protection of work in a country is independent of the existence of protection in the other country.
What can be protected using copyright?
The protection of the literary and artistic work under Berne Convention is applicable to nationals and residents of countries that are member to the convention. To obtain a copyright in different countries which are member to the Berne Convention, copyright is to be filed simultaneously (within 30 days) in all the countries in which legal protection rights are to be obtained.
Member Nations to the Berne Convention for the Protection of Literary and Artistic works (1886)
India became a member of Berne Convention on 1st April 1928 whereas United States of America joined Berne Convention on 16th November 1988. Other countries like Malaysia (28th June 1990), Singapore (21st September 1998), China (10th July 1992), and United Kingdom (5th September 1887) became a member of Berne Convention on the respective dates.
How to register a copyright?
Copyright filing in India
Filing of application (offline/online) along with fee (Demand draft/ online payment/ postal order)
For a license to republish a Literary, Dramatic, Musical or Artistic work (Sections 31, 31A,31B* and 32A) Rs. 5,000/- per work
For a license to communicate an any work to the public by Broadcast(Section 31(1)(b)) Rs. 40,000/- per applicant/per sataton
For license to republish a Cinematograph Film (Section 31) Rs. 15,000/- per work
For a license to republish a sound recording (Section 31) Rs. 10,000/- per work
For a license to perform any work in public (Section 31) Rs. 5,000/- per work
For a license to publish or communicate to the public the work or translation (Section 31A) Rs. 5,000/- per work
For a license to publish any work in any format useful for person with disability (Section 31 B) Rs. 2,000/- per work
For an application for a license to produce and publish a translation of a Literary or Dramatic work in any Language (Section 32 & 32-A ) Rs. 5,000/- per work
What Is a Copyright?
For an application for registration or copyright in a:
(a) Literary, Dramatic, Musical or Artistic workRs. 500/- per work
(b) Provided that in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods (Section 45) Rs. 2,000/- per work
For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a:
(a)Literary, Dramatic, Musical or Artistic workRs. 200/- per work
(b)Provided that in respect of a literary or Artistic work which is used or is capable of being used in relation to any goods (Section 45) Rs. 1,000/- per work
For an application for registration of Copyright in a Cinematograph Film (Section 45) Rs. 5,000/- per work
For an application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45) Rs. 2,000/- per work
For an application for registration of copyright in a Sound Recording (Section 45) Rs. 2,000/- per work
For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45) Rs. 1,000/- per work
For taking extracts from the indexes (Section 47) Rs. 500/- per work
For taking extracts from the Register of Copyrights (Section 47) Rs. 500/- per work
For a certified copy of an extract from the Register of Copyrights of the indexes (Section 47) Rs. 500/- per copy
For a certified copy of any other public document in the custody of the Register of Copyright or Secretary of the Copyright Board Rs. 500/- per Copy
For an application for prevention of importation of infringing copies (Section 53) per place of entry Rs. 1,200/- per work
NOC from author if applicant is different from author.
NOC from publisher if work published and publisher is different from applicant. Search Certificate from Trademark Office (TM -60) if the work is being used on goods or capable of being used on the goods.
NOC from person whose photograph appears on the work.
If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
Cinematograph Film
2 Copies of work
DD/IPO of Rs. (as applicable) per work
NOC from various copyright holders or copy of agreement (deed of assignment).
NOC from publisher if work published and publisher is different from applicant.
If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
Music
2 Copies of work (Graphical Notes)
DD/IPO of Rs. (as applicable) per work
NOC from publisher if work published and publisher is different from applicant.
NOC from author if applicant is other than author.
If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
Literary/Dramatic
2 Copies of work DD/IPO of Rs. (as applicable) per work
NOC from publisher if applicant is other than publisher and work is published.
NOC from author if applicant is other than author.
If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
Sound Recording
2 Copies of work DD/IPO of Rs. (as applicable) per work
NOC from various copyright holders or copy of agreement (deed of assignment).
NOC from publisher if work published and publisher is different from applicant.
If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
Software
2 Copies of work DD/IPO of Rs. (as applicable) per work
NOC from author if author is different from applicant.
NOC from publisher if work is published and publisher is different from applicant.
If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney Source code and object code of work for verification.
Copyright Registering Body India
Department Of Industrial Policy & Promotion Ministry of Commerce and Industry Address- G-30, August Kranti Bhawan Bhikaji Cama Place New Delhi-110066
