Copyright Office to start Online Registration Facility soon…

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Copyright Office to start Online Registration Facility soon…

Lex Witness Bureau | December 2013

G.R. Raghavender, the Director & Registrar of Copyrights in India, talks about copyright law, its acquisitions, piracy and challenges in an exclusive interview to Satrajit Moitra

WHAT IS THE SUBJECT MATTER OF COPYRIGHT LAW IN INDIA?
The term “copyright” means the exclusive right subject to the provisions of the Copyright Act, 1957, to do or authorise the reproduction, public performance, communication to the public, adaptation and translation of the work. Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings.
IS REGISTRATION COMPULSORY TO CLAIM COPYRIGHT IN INDIAN JURISDICTION. WHAT IS THE PROCEDURE FOR THAT?

Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, Section 48 of the Copyright Act, 1957, treats the certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to the ownership of copyright. After an application is filed, the applicants receive a diary number and he has to wait for a mandatory period of 30 days so that no objection is filed in the Copyright Office against his claim that a particular work is created by him. If such an objection is filed, it may take another one month to decide as to whether the work could be registered by the Registrar of Copyrights after giving an opportunity of hearing the matter from both the parties.

If no objection is filed, the application goes for scrutiny from the examiners. If any discrepancy is found, the applicant is given 30 days’ time to remove the same. Then, it may take two to three months for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key for speedy disposal of the matter.
DO YOU SCREEN AN APPLICATION THROUGH ANTI-PLAGIARISM SOFTWARE?
No.
WHAT IS THE DIFFERENCE BETWEEN REGISTRATION IN YOUR OFFICE AND DEEMED COPYRIGHT UPON DONATION OF WORKS TO NATIONAL LIBRARY UNDER THE DONATION OF BOOKS ACT?
Copyright starts subsisting in any original work expressed by a creator in a fixed or material form. Registration gives only prima facie evidence that the said work belongs to such creator. Any depositing the work as per the Delivery of Books and Newspapers (Public Libraries) Act, 1954, does not give any copyright to such works but is a legal process of mandatory deposit of published works in the National Library.
WHAT ARE THE CHALLENGES OF ENSURING PROTECTION OF COPYRIGHT IN DIGITAL/MULTIMEDIA ENVIRONMENT ESPECIALLY FOR SMALL ENTREPRENEURS?

The Internet offers the fastest means ever of reproduction and distribution of information or various copyrighted works. The Copyright Act, 1957, has been amended in 2012 to extend protection of copyright in digital/multimedia environment. The amended Act also introduced digital rights management provisions as per the provisions of World Intellectual Property Organisation (WIPO) Internet Treaties namely, WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms

Treaty (WPPT), which have set the international standards. The small entrepreneurs will certainly benefit from these new provisions which extend protection of copyright in digital/multimedia environment.
HOW THE BUSINESS ENVIRONMENT, ESPECIALLY THE MEDIA AND ENTERTAINMENT SPACE, HAS EXPERIENCED CHANGE POST AMENDMENTS TO COPYRIGHT LAW LAST YEAR?
The Amendments introduced statutory licence for broadcasting literary and musical works and sound recordings to facilitate uninterrupted access to music by the broadcasting organizations in public interest. The digital rights management provisions certainly help and insulate digital distribution of films to multi-plexes from piracy. The provision on liability of Internet service providers takes care of making available of works in unauthorized manner over various websites.
WHAT IS THE RELATIONSHIP BETWEEN A JURISDICTION’S SOCIO-CULTURAL SETTING AND COPYRIGHT PIRACY AND HOW DOES INDIA FARE IN THAT SCENARIO? WHAT IS THE RELATIONSHIP BETWEEN A JURISDICTION’S SOCIO-CULTURAL SETTING AND COPYRIGHT PIRACY AND HOW DOES INDIA FARE IN THAT SCENARIO?
At present, no estimates are available to ascertain contribution of copyright-based industries to the national economy. However, given the rich cultural background and huge population of the country, it is believed that copyright industries collectively contribute enormously to the economy. The Act provides for adequate civil and criminal remedies in case of infringement of copyright. The government has also constituted a Copyright Enforcement Advisory Council (CEAC) which gives a platform for creative industries to discuss the problems of copyright piracy with top police officials of the all states and UTs.
SINCE INTELLECTUAL PROPERTY IS A PERISHABLE COMMODITY, IS IT ESSENTIAL THAT THE WORKS OF PERFORMING ARTISTES — VOCAL, INSTRUMENTAL MUSICAL AND ACTING PERFORMANCES — ARE REGISTERED INSTANTLY? DO YOU HAVE FACILITY FOR ONLINE SUBMISSIONS LIKE THAT OF YOUTUBE?
The Copyright Office is going to activate the online registration facility soon which was provided on test basis in 2009.

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