In an established society, the arising and popping of an idea is very common but among the billions of people on this planet, getting a similar idea or an insight is also very common. So, the bulb of an idea or innovation popping into mind can’t be protected as the Right to think is a right which no second human can control, so limitation on thinking of a human is inevitable and impossible, thinking and imagination of humans led the way from the stone age to digital age. But once that creativity is moulded with the ideas and thinking born into the human mind created in the very form of literary, dramatic, musical, and artistic works then the uniqueness ought to be protected by society with the awarded credit to the person who produced it through the mixture of creativity and ideas sparking in his / her mind should be protected by the society to encourage other people to show uniqueness and the fear of loosing or stealing of idea by someone else. So here stands some collective act from every individual to stand responsible for protecting the idea and obligations towards copying the created work, copying the creations of any individual will demotivate the creators and lead to a decline in the innovations and creations of society, for an instance the Great play writer and poet of all times in the English literature, William Shakespeare, his uniqueness and creative ideas are protected still, which stand as a base for n number of creative innovations in the world of English literature.
Usually, it is our collective responsibility as an integral member of this society to protect the creativity of the unique literary and artistic creation, but in a small society it can be possible but in the culture of Vasundhara Kutumbakum, (Whole World is our family), the family roughly extends to 7 Continents, 200+ Countries and about 6 billion people across the globe. So, we need a legislative statute to protect the rights of a creator. So, they came up with the set of rights named, “Copyright,” Copyright is a set of very broad rights provided to the person i.e. may be a natural person as well as a legal person to protect the creation and the creators of literary, dramatic, musical, and artistic works and producers of cinematograph films and sound recordings. The bundle of rights also protects among other things, rights of reproduction, communication to the public, adaptation, and translation of the work, composition of the right depends on the work.
Copyrights are protected in India through the Copyrights Act, of 1957. The Copyright Act, 1957, is India’s primary legislation governing intellectual property rights related to literary, dramatic, musical, and artistic works. It empowers the creator to distribute, reproduce, adapt, and communicate the work. Usually, in most cases, the copyright is exclusively for 60 years. The process of registration is also very flexible in India, it can be done by just sitting at your home with the help of your fingertips. The process of registration is hybrid, it can be done online as well as offline.
Online Process of Registering a Copyright: –
1. Visit the official website: copyright.gov.in
2. Click on “Registration” > “Online Application”
3. Fill Form XIV (Application for Registration of Copyright)
4. Upload required documents:
– Work details (title, description, etc.)
– Author/owner details
– Proof of ownership (contract/agreement)
– Identity proof (PAN/Aadhaar)
– Address proof
5. Pay registration fee ( ₹500-₹10,000)
6. Submit application
Offline Process of Registering a Copyright: –
1. Obtain Form XIV from the Copyright Office or download from the website
2. Fill and sign the form
3. Attach required documents (as above)
4. Pay registration fee (demand draft/pay order)
5. Submit the application to:
– Copyright Office, Boudhik Sampada Bhawan, Plot No. 32, Sector 14, Dwarka, New Delhi-110075
– Regional Copyright Offices (Chennai, Mumbai, Kolkata)
While registering your work for copyright, one will require some legal documents and the fee as prescribed under the law to show your authenticity and uniqueness, and the fee depends on the different types of works. Required documents for the registration are as follows
1. Work details (title, description, etc.)
2. Author/owner details
3. Proof of ownership (contract/agreement)
4. Identity proof (PAN/Aadhaar)
5. Address proof
6. Power of Attorney (if agent/applicant)
After submitting the above documents, you are required to pay the fee prescribed for different kinds of works respectively to register your trademark for viewing first, then the concerned authorities will check the uniqueness of the work after the verification is done, and prima facie certificate of ownership is issued to the owner. the different fees are as follows.
1. Literary works: ₹500 4. Cinematographic films: ₹5,000
2. Musical works: ₹500 5. Sound recordings: ₹2,000
3. Artistic works: ₹1,000 6. Software: ₹5,000
The registration should be done within three months of publication, while registering always ensures to provide accurate information and convenience will be using an online mode of registration to get work done faster.
In this Global world, the Infringement of copyrights indirectly by any individual is common and a platform should be there Internationally where the copyrights should be protected similar to how they are protected domestically. In India domestically, when any infringement take place, the consequences are faced by the infringers, three types of infringements are
- Direct Infringement: Copying or reproducing copyrighted work without permission.
- Indirect Infringement: Enabling or facilitating infringement (e.g., file-sharing platforms).
- Contributory Infringement: Assisting or inducing infringement (e.g., providing infringing links).
- Vicarious Infringement: Liability for infringement by employees or agents.
The acts which are considered infringement are diverse in nature, it include,
Reproduction (copying) Public Display (exhibiting)
Distribution (selling, giving away) Public Performance (playing, showing)
Adaptation (modifying, converting) Importing infringing copies
The infringement of the copyright in any form stated above attracts dire consequences, which include:
1. Civil Lawsuits: Damages, injunctions, accounts of profits.
2. Criminal Prosecution: Imprisonment (up to 3 years), fines (up to ₹2 lakhs).
3. Border Measures: Seizure of infringing goods.
There are notable landmark cases that established the protection of the copyrights in India, in the case of YRF vs Sri Sai Ganesh Productions, Yash Raj Films (YRF) alleged that Sri Sai Ganesh Productions copied essential elements from YRF’s film “Band Baaja Baaraat” in their movie “Jabardasht”. The court ruled in favor of YRF, stating that Sri Sai Ganesh Productions had blatantly replicated YRF’s film. In another case of Hawkins Cooker Ltd. vs Magicook Appliances, Hawkins Cooker Ltd. filed a lawsuit against Magicook Appliances for unauthorized use of their copyrighted label on pressure cookers, the court prohibited Magicook Appliances from using Hawkins Cooker Ltd’s cookbooks and mandated compensation for damages. Notable case of Super Cassettes Industries Limited vs YouTube and Google, Super Cassettes Industries Limited (SCIL) alleged that YouTube’s business model profited from the unauthorized use of copyrighted works without approval or royalty payment, the court directed YouTube and Google to cease distribution, reproduction, display, or transmission of SCIL’s copyrighted works. In the case of Ratna Sagar (P) Ltd. V. Trisea Publications & Ors., the case involved copyright infringement of educational materials. The court emphasized the need to safeguard the prior publication of the work and issued an injunction to prevent copyright infringement. In the Spartan Engineering Industries Pvt. Ltd. Anr. Vs. Dassault System Solidworks Corporation & Anr, The Delhi High Court addressed software copyright infringement in this judgment. The court granted an ex-parte injunction, prohibiting the defendants from using unauthorized software. Shalini Kalra & Ors. Vs. Muthoot Finance Limited: This case involved copyright infringement of proprietary information. The court granted an interim injunction, prohibiting the defendants from disclosing or using sensitive information. Sarla A. Saraogi & Ors Vs. Krishna Kishore Singh, The New Delhi High Court declined to impose an interlocutory order against the distribution and broadcast of cinematograph films, as the plaintiff failed to establish prima facie evidence. In a similar case of Star India (P) Ltd. V. Piyush Agarwal & Ors: Star India Pvt. Ltd. initiated legal action against Piyush Agarwal and others for copyright infringement of their TV show. The court granted an interim injunction, prohibiting the defendants from infringing Star India’s copyright. Eastern Book Company & Others V. D.B. Modak & Another, The Supreme Court addressed copyright infringement of legal books in this case. The court granted an interim injunction, prohibiting the defendants from infringing Eastern Book Company’s copyright. The Chancellor, Master, and Scholars of the University Of Oxford & Ors. V. Rameshwari Photocopying Services and Anr., The Delhi High Court addressed copyright infringement of educational materials in this case. The court emphasized the need to balance copyright protection with educational needs.
Copyright is protected across borders similarly to how it is protected domestically. Conventions and conferences ensure the protection of copyrights in the countries that are parties to the conventions.
Copyrights, a comprehensive set of rights, and protection through the way of legislative statutes are essential in this era of globalization as conflict of ideas and cross-border disputes may arise due to similar ideas lighting in the minds of humans across borders. So, if the idea and the incorporated work are protected globally, the
second innovator who thinks that the idea is unique and he/she go for the registration of copyright, at that moment only he/she can know that the idea incorporated is protected for someone and as a social animal with illuminated brain he/she can explore the different ideas and get his incorporated work registered for the protection, and it is duty of the state to protect the incorporation arises out of unique idea. There are many instances where you see the dilution of copyrighted materials, even in a simple poem “Johny Johny… Yes Pappa…” human mind is very elaborative in nature, and the capacity of the mind and brain results in the exploration of space and depth of the oceans. So remember, where there is an idea arising and getting carved into the work, that ought to be registered for the copyright.
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This article has been authored by Ali Hyder.
