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Faq’s Copyright

Is the Copyright Registration mandatory?

No, the copyright is an in built right which is available from the moment the work (literary, dramatic, artistic) came into existence

What are the rights available to owner against the infringers of copyright?

The owner can avail both the civil and criminal action against the infringers under the Copyright Act.

What is the duration of Copyright?

The duration of the protection under the copyright depends on the nature of work;

  • in case of literary work, the term is life of author plus 50 years from the day of calendar year preceding the death.
  • Copyright in photograph, a cinematographic film and sound recording is 60 years from the next Calendar year of publication.

Is Copyright transferable?

Yes, like any other property a copy right can be transferred absolutely e.g sale or assignment or can be transferred for a limited period of time under licensing arrangement.

Is the Copyright protection worldwide?

The laws governing copyright are almost similar in many countries. Moreover, there are international treaties and agreement which govern the protection extended to national of different countries under Copyright. The main Conventions are Universal Copyright Convention, Berne Convention, WIPO Copyright Treaty etc. Many countries require that work should be published in their territory to avail the protection under the Copyright Law.

Is reproduction in all form amounts to infringement?

No, the reproduction for educational purposes, for news articles or for delivering lectures does not amount to infringement. However, if the reproduction is done for commercial gains, it amounts to infringement e.g. photocopying a text book might be for educational purpose amounts to violation of Copyright. (This is very general view and to have more precise insight into the relevant provisions, please consults an advocate)

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  Important Links
Indian Patent Office
High Court of Delhi
Supreme Court of India
Geographical Indication Registry
Ministry of Commerce
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