Following are the basic requirements for filing of a Copyright application in India:
Name, address, nationality and particulars of the applicant (whether individual, society, trust, partnership firms or company)
Description of work
Statement of further particulars
Nature of applicant’s interest in copyrighting the work
Title of work
Details of publication of work, if published, including name, address, nationality of publishers
Details as to owners of various rights in the work comprising the copyright, including extent of their right and particulars of assignment and license, if any
Name, address, nationality of other persons, if any authorised to assign or license the work comprising the copyright
Location of work including name, address, nationality of person in possession of work, in case of an artistic work and completion of year in case of architectural work
Certificate from Registrar of trademarks if the artistic work is used or capable of being used in relation to any business
5 copies of the work (physical form or electronic form)
Power of authority in favour of Indian Attorney/ Advocate, to be stamped in India.
Term of Copyright
In case of foreign works, the term shall not exceed the term for which the work is originally protected in the country of first publication. In India Copyright Term is as follows:
In published literary, dramatic, musical and artistic works (other than a photograph) published during lifetime of author- 60 years from first day of following year in which the author dies
In literary, dramatic, musical and artistic works (other than a photograph) published anonymously or pseudonymously- 60 years from first day of following year in which the work is first published. Duration as explained in serial number 1 above, if identity of author disclosed before expiry of term of copyright
In literary, dramatic, musical and artistic works (other than a photograph) published posthumous- 60 years from first day of following year in which the work is first published
In photograph - 60 years from first day of following year in which photograph is first published
In Cinematographic films- 60 years from first day of following year in which film is first published
In Sound recording - 60 years from first day of following year in which sound recording is first published
In works where Government, public undertaking or international organisation is first application - 60 years from first day of following year in which work is first published
In Broadcasting - 25 years from first day of following year in which broadcast is first made
In Performance - 50 years from first day of following year in which performance is first made
Exception to infringement of copyright
A fair dealing with literary, dramatic, musical and artistic works (not being a computer programme) for private use including research including criticism or review of the work, for purpose of reporting in a newspaper, magazine or similar periodical or by broadcast, sound recording or by photographs or for purpose of a judicial proceeding or for purpose of reporting for judicial proceedings or for instruction for purpose of education or examination.
Enforcement of Copyright
India is a member of the Berne Convention and TRIPS, therefore owner of copyright from another member country will get same copyright protection in India. However, the duration of copyright shall not exceed the original duration in the member country
