superintendence and direction of the Central Government. The Central Government is entitled to appoint a Registrar of Copyrights and one or more Deputy Registrars of Copyrights.

Protection

Copyright subsists in original literary, dramatic, musical and artistic works; cinematograph films and sound recordings. Computer programmes are considered as literary works and are protected under the Act. Registration of the work is not mandatory to enjoy protection but recommended if unauthorized use is apprehended.

An idea, a concept or a theme cannot be protected. However, it is the expression which is protectable. Copyright in a design capable of being registered under the Designs Act ceases to exist upon more than fifty (50) reproductions if the design has not been registered. Further, any artistic work capable of being used as a trademark, needs clearance from the Office of the Trade Marks Registry, if it is sought to be registered with the Copyright Office.

Term

The term is generally sixty (60) years, however, the term varies depending upon the type of work,  e.g. for a published literary, dramatic, musical or artistic work, protection is for lifetime of the author until sixty (60) years from the beginning of the calendar year following the year in which the author dies.

Moral rights

Special rights, even after assignment, are provided to the author under the Act. These are:

to claim authorship of the work;

to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work which is done before the expiration of the term of copyright if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation.

Licences

The Act contemplates licensing of existing works and any future work. Moreover, diverse compulsory licences, statutory licences and certain special types of licences are envisaged in the Act. For instance, any person can apply for compulsory licensing of any work which has been published or performed in public by way of filing a complaint to the (Intellectual Property) Appellate Board, that the owner:

has refused to republish or allow the republication of the work; or

has refused to allow the performance in public of the work, and by reason of such refusal the work is withheld from the public; or

has refused to allow communication to the public by broadcast or in the case of sound recording, the work recorded on terms which the complainant considers reasonable.

Compulsory licence can also be sought from the (Intellectual Property) Appellate Board in respect of any unpublished work or any work published or communicated to the public, which is withheld from the public in India, whose author is dead or unknown or untraceable or the owner cannot be found. Further, making of cover versions in respect of any sound recording of any literary, dramatic or musical work is possible with the (statutory) licence or consent of the owner of the right in the work. The Act also envisages statutory licences to broadcasting organisations.

Copyright societies

Authors and copyright owners may form a society to administer licensing and use of their works in which copyright or any other right given by the Act subsists. A copyright society is entitled to issue licences, collect fees, distribute such fees, etc.

International copyright

India is a signatory to the Berne Convention and the Universal Copyright Convention, and the Act applies to any work first made or published in a convention country in like manner as it was first published in India. However, the term of copyright in a work is limited to the duration enjoyed in the country of its origin.

Exclusive rights

Copyright in a work is infringed when a person not being the owner or a person licensed by the owner or the Registrar of Copyrights under the Act, or in contravention of the license so granted or condition imposed, does anything that is otherwise the exclusive right of the owner. The Act provides civil remedies for infringement of copyright, including injunction, damages or account of profits and delivery-up. All infringing copies and all plates for production of infringing copies are deemed to be the property of the owner of copyright.

Offences

Any person who knowingly infringes the copyright or any other right conferred by this Act is punishable with a fine ranging from fifty thousand rupees (INR 50,000) to two lac rupees (INR 200,000) and imprisonment of six months to three years. The Court may impose a lesser sentence or fine, if the infringement is not for gain in the course of trade or business.