4. 4
COPYRIGHT TERM FOR MUSICAL WORKS
Copyright protection for musical works in India typically lasts
for the lifetime of the composer plus an additional 60 years
from the beginning of the calendar year following the
composer's death.
6. a) Lifetime of the composer plus an additional 50 years
b) Lifetime of the composer plus an additional 60 years
c) 50 years from the date of first publication
d) 75 years from the date of creation
The Correct option is (b)
6
What is the standard copyright term for musical works in
India?
10. 10
WHAT IS A SOUND RECORDING?
"Sound recording" means a recording of sounds from which sounds may be
produced regardless of the medium on which such recording is made or the
method by which the sounds are produced. A phonogram and a CD-ROM are
sound recordings.
14. a) Right to control live performances of the recording
b) Right to sell or give on hire, or offer for sale or hire, any copy of the sound
recording
c) Right to control the lyrics and musical composition
d) Right to dictate the volume levels during playback
14
What rights are typically granted to authors of
sound recordings?
16. 16
WHAT ARE THE RIGHTS IN A SOUND RECORDING?
In the case of sound recording, copyright means the exclusive right
To make any other sound recording embodying it
To sell or give on hire, or offer for sale or hire, any copy of the sound recording
To communicate the sound recording to the public
18. a) Right to control live performances of the recording
b) Right to sell or give on hire, or offer for sale or hire, any copy of the sound
recording
c) Right to control the lyrics and musical composition
d) Right to dictate the volume levels during playback
The Correct Option is (b)
18
What rights are typically granted to authors of
sound recordings?
19. a) Lifetime of the artist or performer plus an additional 50 years
b) 60 years starting from the year which follows the year in which the work was
published first.
c) 50 years from the date of the sound recording's first publication
d) 75 years from the date of creation
19
What is the standard copyright term for sound
recordings in India?
21. 21
COPYRIGHT TERM FOR SOUND RECORDINGS
60 years.
The term of protection starts from the year which follows the year in which the
work was published first.
23. a) Lifetime of the artist or performer plus an additional 50 years
b) 60 years starting from the year which follows the year in which the work was
published first.
c) 50 years from the date of the sound recording's first publication
d) 75 years from the date of creation
The Correct option is (c)
23
What is the standard copyright term for sound
recordings in India?
26. 26
WHAT IS A CINEMATOGRAPH FILM?
"Cinematograph film" means any work of visual recording on any medium produced through
a process from which a moving image may be produced by any means and includes a sound
recording accompanying such visual recording and "cinematograph" shall be construed as
including any work produced by any process analogous to cinematography including video
films.
29. a) Right to dictate which actors are cast in the film
b) Right to control the camera angles during screenings
c) To make a copy of the film including a photograph of any image forming part
thereof
d) Right to choose the film's title
29
What rights are typically granted to authors of
cinematographic recordings?
31. 31
WHAT ARE THE RIGHTS IN A CINEMATOGRAPH
FILM?
In the case of a cinematograph film, copyright means the exclusive right
To make a copy of the film including a photograph of any image forming part
thereof
To sell or give on hire or offer for sale or hire a copy of the film
To communicate the cinematograph film to the public
33. a) Right to dictate which actors are cast in the film
b) Right to control the camera angles during screenings
c) To make a copy of the film including a photograph of any image forming part
thereof
d) Right to choose the film's title
The Correct option is (c)
33
What rights are typically granted to authors of
cinematographic recordings?
34. a) Lifetime of the director plus an additional 50 years
b) Lifetime of the director plus an additional 70 years
c) 60 years starting from the year which follows the year in which the work was
published first.
d) 75 years from the date of creation of the cinematographic work
34
What is the standard copyright term for cinematographic
works in India?
36. 36
COPYRIGHT TERM FOR CINEMATOGRAPHIC WORKS
60 years.
The term of protection starts from the year which follows the year in which the
work was published first.
38. a) Lifetime of the director plus an additional 50 years
b) Lifetime of the director plus an additional 70 years
c) 60 years starting from the year which follows the year in which the work was
published first.
d) 75 years from the date of creation of the cinematographic work
The Correct option is (c)
38
What is the standard copyright term for cinematographic
works in India?
39. a) The government and its agencies
b) Authors, creators, and original content producers
c) Corporations and big businesses
d) Everyone who uses copyrighted material
39
Whose rights are protected by copyrights?
42. 42
WHOSE RIGHTS ARE PROTECTED BY COPYRIGHT?
Copyright protects the rights of authors, i.e., creators of intellectual property in the form of
literary, musical, dramatic and artistic works and cinematograph films and sound recordings.
Who is an author?
I. In the case of a literary or dramatic work the author, i.e., the person who creates the work.
II. In the case of a musical work, the composer.
III. In the case of a cinematograph film, the producer.
IV. In the case of a sound recording, the producer.
V. In the case of a photograph, the photographer.
VI. In the case of a computer-generated work,
the person who causes the work to be created.
44. a) The government and its agencies
b) Authors, creators, and original content producers
c) Corporations and big businesses
d) Everyone who uses copyrighted material
The Correct option is (b)
44
Whose rights are protected by copyrights?
45. PART B : REGISTRATION AND
ASSIGNMENT OF COPY RIGHT
45
46. 46
Who can apply?
Individual,
Firm,
Company,
Government
University
Institution
47. 47
Who may represent the applicant
Registered Trademarks Agent
Advocate
Constituted Attorney(Authorized Person)
Professionals-Company Secretary In Practice
50. 50
PROCEDURE FOR REGISTRATION
OF A COPY RIGHT
STEP:1 File an Application.
STEP:2 The examination the copyright application takes place.
STEP:3 Response
STEP:4 In this process can be termed as registration.
52. 52
REGISTRATION PROCESS
1. Access the official website
https://copyright.gov.in/
Visit the Official website of the Copyright Office. Log in with your valid User ID
and Password. If you still need to register, click on “New User Registration. Make
sure to note down your User ID and Password for future reference.
53. 53
REGISTRATION PROCESS
…contd
2. Submission of Application
FILLING FORMAT : prepared in the prescribed format .
LOGIN : logging in, The online “Copyright Registration Form”
SAVE : Fill out Form, then “SAVE”
COPY : Prepare a scanned copy of your signature
Complete : The “Statement of Particulars” and click “SAVE”
Make Payment : Use the Internet Payment Gateway to make the required payment.
NOTE : It’s important to note that a separate application is necessary for each distinct work.
Additionally, the applicant and an Advocate holding a Vakalatnama or a Power of Attorney
(POA) must sign every application.
54. 54
REGISTRATION PROCESS
…contd
3. Dairy Number Issuance
Upon receiving the application, the registrar will issue a Dairy Number, marking the initiation
of the copyright registration process. Subsequently, there is a mandatory 30-day waiting
period for any potential objections to be submitted.
55. 55
REGISTRATION PROCESS
…contd
4. Copy Right Objection Handling
If no objections are raised within 30 days, a scrutinizer will assess the application for any
discrepancies. If no differences are found, the registration will proceed, and an extract will be
provided to the registrar for entry into the Register of Copyright.
5. Objection Resolution
If objections are received, both parties will receive a notification from the examiner outlining
the objections. A hearing will be arranged to address these objections.
56. 56
REGISTRATION PROCESS
…contd
6. Application Scrutiny
Following the hearing and the resolution of objections, the scrutinizer will meticulously review
the application if applicable. Subsequently, they will either approve or reject the application,
depending on the specific circumstances.
7. Copyright Registration Certificate
Once the application is approved, the relevant authority will issue the copyright registration
certificate. In the usual course of events, the entire process typically takes approximately 2 to
3 months to complete.
57. 57
REGISTRATION PROCESS
…contd
8. Checking the Status of Copyright Registration Application
To verify the status of your Copyright registration application, follow these simple
steps:
Visit the website of the Copyright registrar and locate the “Status of Application”
section.
Provide the diary number you received upon submission, which is also referred to as
the acknowledgment number.
Submit this information, and you will receive the current status of your application.
58. 58
CHECK LIST
CHECK LIST FOR FORM XV
The application should be supported by the following documents
a) Applicant should send copy of Form-XV, SOP along with fee as prescribed in Schedule.II
b) Original Power of Attorney (specific for the purpose (If application is filed through Attorney)
c) Notarised Copy of Deed, if any (Assignment / Partnership / Dissolution etc.)
d) An affidavit to the effect that ‘No Case’ is pending in any court of law relating to ROC in
question
59. 59
CHECK LIST
…contd
e) Attested Copy of Death Certificate (If the original copyright holder is deceased) Notarised
Copy(ies) from Extract of ROCs along with the Works
f) Column No. 2 to Column No. 4 of Extract from ROC cannot be changes. Request may be sent
for change in entry in column No. 8 to Column 13 of ROC.
g) Application should be signed by the applicant only
60. THERE ARE ANY INSTRUCTIONS
FOR REGISTRATION OF A COPY
RIGHTS???
60
61. 61
INSTRUCTION FOR REGISTRATION
1.Enter your valid User ID and Password to login.
2.Click onto New User Registration, if you have not yet registered.
3.Note down User ID and Password for future use.
4.After login, click on to link “Click for online Copyright Registration”.
5.The online “Copyright Registration Form” is to be filled up in four steps
I. Complete the Form XIV, then press SAVE button to Save entered details, and press Step 2 to
move to Next Step.
II. Signature to be scanned in 512 KB and kept ready for uploading.
III. Fill up the Statement of Particulars, and then press SAVE button to Save entered details, and
press Step 3/4 to move to Next step
62. 62
INSTRUCTIONS FOR REGISTRATIONS
…contd
IV. Fill-up the Statement of Further particulars. This form is applicable for “LITERARY/ DRAMATIC,
MUSICAL, ARTISTIC AND SOFTWARE” works, and then press SAVE button to Save entered details, and
press Step 4 to move to Next Step.
V. Make the payment through Internet Payment gateway
6. After successful submission of the form, Diary Number will be generated (Please note it for future
reference).
7 I. Artistic Work to be uploaded in pdf/jpg format.
II. Sound Recording Work to be uploaded in mp3 format.
III. Literary/Dramatic, Music and Software* Work to be uploaded in pdf format, less than 10 MB, keep
ready.
63. 63
INSTRUCTION FOR REGISTRATIONS
…contd
*Pdf containing at least first 10 and last 10 pages of source code, or the entire source
code if less than 20 pages, with no blocked out or redacted portions.
Please take 1 hard copy (print) of “Acknowledgement Slip” and 1 hard copy (print)
of “Copyright Registration Form” and send it by post to copyright office.
65. 65
FORMS
SL.NO FORM NAME
1 Application Form for Registration of Copyright (Form-XIV)
Form-XIV-Registration_of_Copyright.doc (live.com)
2 Application Form for Registration of changes in Particulars of Copyright (Form-XV)
Form_XV_and_Check_list.doc (live.com)
3 Application Form for the Relinquishment of Copyright (Form-I)
Copyright-Forms-I.doc (live.com)
4 Proforma for discrepancy letter
Proforma_Discrepency_Letter.doc (live.com)
66. 66
FORMS-XIV
FORM XIV
Application of registration of copy right
To,
The Registrar of Copyrights,
Copyright Office,
Boudhik Sampada Bhawan, Plot No. 32,
Sector 14, Dwarka, New Delhi-110078
Phone: 011-28032496
Sir,
In accordance with section 45 of the Copyright Act, 1957 (14 of 1957), I hereby apply for
registration of copyright and request that entries may be made in the Register of Copyrights
as in the enclosed statement of Particulars sent herewith.
67. 67
FORM XIV
…contd
1. I also send herewith duly completed the statement of further particulars relating
to the work.
2. In accordance with rule 70 of the Copyright Rules, 2013, I have sent by pre-paid
registered post copies of this letter and of the enclosed statement(s) to the other
parties concerned, as shown below:
Names and addresses of the parties Date of Dispatch
1 2
3. The prescribed fee has been paid, as per details below:
4. Communications on this subject may be addressed to:
68. 68
FORM XIV
…contd
5. I hereby declare that to the best of my knowledge and belief, no person, other
than to whom a notice has been sent as per paragraph 2 above has any claim or
interest or dispute to my copyright of this work or to its use by me.
6. I hereby verify that the particulars given in this Form and the Statement of
Particulars and
Statement of Further Particulars are true to the best of my knowledge, belief and
information and nothing has been concealed therefrom.
7. List of enclosures:
Yours faithfully
Place: …………………. (Signature of the Applicant)
Date: ……………………
69. 69
FORM-XIV
…contd
STATEMENT OF PARTICULARS https://copyright.gov.in/frmformsDownload.aspx
1. Registration number: (To be filled in the Copyright Office)
2. Name, Address and Nationality of the Applicant: Applicant may be individual/firm/
company/government/university/institution. Also give the complete address and nationality.
3. Nature of the applicant’s interest in the copyright of the work: Applicant may be
Author/Owner/Publisher/Composer/Producer/Artist.
4. Class and description of the work: Please indicate the appropriate class of work
from the following categories:
Literary / Artistic / Cinematograph Film / Sound Recording / Music.
5.Title of the work: Please mention the title of the work. The work to be registered for
copyright must have a title which should be short and identical with the work.
70. 70
FORM-XIV
…contd
6. Language of the work: Mention all the languages used in the work. In the absence of any script in the work, indicate ‘nil’. In
case of Computer Software please mention software language instead of ‘English’.
7 . Name, address and nationality of the author and, if the author is deceased, the date of his decease: Please furnish
Name/Address/Nationality of the author. Here ‘Author’ means person(s) who has/have actually created the work. Authors may
be more than one.
The Firm itself cannot be the author of a work except in case of Cinematograph Film and Sound Recording category.
If the author of the work is other than the applicant, a No Objection Certificate, in original from the author(s) (clearly indicating
that he has no objection if the copyright in the work is registered in the name of the applicant) should be submitted. In case the
author is partner/proprietor/employee of the applicant firm, the same may be indicated in the application.
If the author is deceased, please mention the date of decease and also submit a notarized affidavit regarding inheritance of
right(s) /NOC from all the legal heirs of the deceased author in favors of the applicant
71. 71
8. Whether work is Published or Unpublished: Mention whether the work is published or
unpublished.
9. Year and country of first publication and name, address and nationality of the publishers: If
the work is published, indicated the year/country of first publication/ name/ address/ nationality
of the publisher(s).
If the work is published by a person/firm other than the applicant, a No Objection Certificate, in
original, may be obtained from that person/firm and enclose with application.
10.Years and countries of subsequent publications, if any, and names, addresses and
nationalities of the publisher: If the work has an any subsequent publications, indicated
the year/country of first publication/name/address/nationality of the publisher(s).
FORM-XIV
…contd
72. 72
11.Names, address and nationalities of the owners of the various rights comprising the
Copyright in the work and the extent of rights held by each, together with particulars of assignment and licenses,
if any: The name, address & nationality of the person(s) who hold(s) the various rights comprising the copyright in
the work are required to be mentioned. In case the applicant himself intends to hold all the rights in the work, his
particulars as already given against Col.2 may be mentioned. In case the applicant is a partnership firm, the
names of all the partners and their respective shares in the copyright may be indicated.
12.Names, addresses and nationalities of other persons, if any, authorized to assign or license the rights
comprising the copyright: If the author intends to authorize other person(s) to assign or license the copyright on
his behalf, the name, address and nationality of such person may be indicated. If not, please indicate ‘nil’ against
this column.
13. If the work is an “artistic work”, the location of the original work, including name, address and nationality of
the person in possession of the work. (In the case of an architectural work, the year of completion of the work
should also be shown):
FORM-XIV
…contd
73. 73
14. If the work is an ‘artistic work’ which is used or is capable of being used in relation to any goods or
services, the application shall include a certificate from the Registrar of Trade Marks in terms of the
proviso to sub-section (1) of section 45 of the Copyright Act, 1957.]: As per Rule 70 (6) a Search
Certificate from The Trade Marks Registry is mandatory if the artistic work is to be used or capable of
being used in relation to any goods, irrespective of whether trade mark is registered or not. Otherwise,
clearly state that the work is neither used nor capable of being used in relation to any goods.
15. If the work is an “artistic work” whether it is registered under the Designs Act
2000. If yes give details:
16. If the work is an “artistic work” capable of being registered as a design under the Designs Act 2000,
whether it has been applied to an article though an industrial process and , if yes, the number of times
it is reproduced:
17. Remarks, if any.
FORM-XIV
…contd
74. 74
FORMS-XV
FORM – XV
Application for registration of changes in the particulars of copyright entered in the
Register of Copyrights
[See rule 70]
To,
The Registrar of Copyrights,
Copyright Office,
Boudhik Sampada Bhawan, Plot No. 32,
Sector 14, Dwarka, New Delhi-110078
Phone: 011-28032496
75. 75
FORM-XV
…contd
Sir,
In accordance with rule 71 of the Copyright Rules, 2013, I hereby apply for
registration of changes in the particulars of copyright entered in the Register of
Copyrights and request that changes in the existing entries may be made as specified
in the enclosed statement of particulars.
2. I have sent by registered post copies of this letter and of the statement of
particulars to the other parties concerned* as shown below:
_____________________________________________________________________
Names and addresses of parties Date of dispatch
_____________________________________________________________________
*See columns 7, 11, 12 and 13 of Register of Copyrights
76. 76
3. The prescribed fee has been paid, as per details below:
4. Communications on this subject may be addressed to:
5. I hereby declare that to the best of my knowledge and belief, no person, other than to
whom a notice has been sent as per paragraph 2 above has any claim or interest or dispute to
my copyright of this work or to its use by me.
6. I hereby verify that the particulars given in this Form and the Statement of
Particulars and
Statement of Further Particulars are true to the best of my knowledge, belief and
information and nothing has been concealed therefrom.
FORM-XV
…contd
Yours faithfully
Place...........................
(Signature of Applicant)
Date..................................
77. 77
FORM-XV
…contd
STATEMENT OF PARTICULARS
1. Registration number in the Register of Copyrights.
2. Changes sought in the particulars of copyrights-as entered in the Register of
Copyrights
____________________________________________________________________________
Existing entry in the Proposed entry in Reasons for the
Reference to
Column number Register of Place of the existing changes
Of
The Register of Copyrights entry in the Register proposed
Copyrights of Copyrights
___________________________________________________________________________
1 2 3 4
____________________________________________________________________________
78. 78
FORM-XV
…contd
Note: - Where the changes proposed are consequent on assignment
or licences of copyright, attested copies of the deeds of assignments
or licences should be enclosed.
3. List of enclosures.
Place....................................
Date.....................................
(Signature)
88. 88
IS COPYRIGHT ASSIGNABLE?
Yes. The owner of the copyright in an existing work or the prospective owner
of the copyright in a future work may assign to any person the copyright
either wholly or partially and either generally or subject to limitations and
either for the whole term of the copyright or any part thereof.
90. 90
MODE OF ASSIGNING COPYRIGHT (Section 19)
It shall be in writing signed by the assignor or by his duly authorised agent. It
shall identify the specific works and specify the rights assigned and the duration
and territorial extent of such assignment. It shall also specify the amount of
royalty payable, if any, to the author or his legal heirs during the currency of the
assignment and the assignment shall be subject to revision, extension or
termination on terms mutually agreed upon by the parties.
91. 91
SECTION 63 - OFFENCE OF INFRINGEMENT OF COPYRIGHT OR
OTHER RIGHTS CONFERRED BY THIS ACT
Any person who knowingly infringes or abets the infringement of—
(a) the copyright in a work, or
(b) any other right conferred by this Act 1[except the right conferred by section 53A],
shall be punishable with imprisonment for a term which shall not be less than six months, but which
may extend to three years and with fine which shall not be less than fifty thousand rupees, but which
may extend to two lakh rupees:
Provided that where the infringement has not been made for gain in the course of trade or business the
court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of
imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.
92. WHAT ARE THE POPULAR SUPREME
COURT CASES ON COPY RIGHTS??
92
93. 93
SUPREME COURT CASES
SOME OF THE POPULAR SUPREME COURT CASES IN INDIA
1. *The IPRS vs. Aditya Pandey Case:*
This case dealt with the issue of royalty collection by the Indian Performing Right Society (IPRS)
and the rights of authors and composers. The Supreme Court provided important insights into
the functioning of copyright societies.
2. *The Entertainment Network (India) Ltd. vs. Super Cassettes Industries Ltd. (T-Series) Case:*
This case revolved around copyright infringement issues in the music industry. The Supreme
Court's ruling had implications for the broadcasting and entertainment sectors.
94. 94
SUPREME COURT CASES
3. *The Krishika Lulla vs. Shyam Vithalrao Devkatta Case:* This case involved the protection of
copyrights in the film industry, specifically concerning the film "Happy Ending." The Supreme
Court provided guidance on copyright ownership and protection.
4. *The R.G. Anand vs. M/s. Deluxe Films Case:* This landmark case addressed the adaptation
of literary works into films and the scope of copyright protection in such adaptations.
96. WHAT IS THE ROLE OF
ACADEMICIANS IN COPYRIGHTS???
96
97. 97
WHAT IS THE ROLE OF ACADEMICIANS IN COPYRIGHTS???
1. To teach the professionals.
2. To train them
3. To register copyrights for their own books
4. Publications
5. To advise on vetting of copyright assignment deed
6. To do research on Copyrights
