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Copyrights - IPR Toolkit India
 

Introduction to Copyright

Copyright is a form of protection provided to the creators of "original works of authorship," including literary, dramatic, musical and artistic works. The importance of copyright was recognized only after the invention of the printing press, which enabled the reproduction of books in large quantities. England's "Statute of Anne" is regarded as the first copyright law. This law for the first time accorded exclusive rights to authors and limited the duration of such exclusive rights to a certain number of years, after which all works would pass into the public domain.

The Indian Copyright Act, the first Indian legislation of its kind, was passed in 1914, and was mainly based on the U.K. Copyright Act of 1911. With the development of recording, broadcasting, television and other new technologies it became essential to update the copyright laws. As a result, the Copyright Act of 1957 ("the Act") was introduced in the Parliament. This law presently governs the copyright system in India. The Act has been amended in 1983, 1984, 1992, 1994 and 1999. The Copyright Office in India falls under the Ministry of Human Resource Development.

Copyright subsists in original literary, dramatic, musical and artistic works, cinematograph films and sound recordings.  In accord with international norms and the Berne Convention, it is not necessary to register a copyright; protection is vested with the original creator as soon as the work has been created and has been recorded in a material form. However, it is advisable to do so as its registration serves as a prima facie evidence of the information contained in the registration in case of a dispute.  It is important to note that no copyright vests in an idea. Rather, copyright vests only in the expression of the idea.

Piracy is a problem worldwide and affects all the major content industries like software, television, recording and movies. This problem has assumed enormous proportions, with the major U.S. motion picture studios reporting a loss of $6.1 billion in the year 2005 due to piracy worldwide. 80% of these losses have resulted from piracy overseas and 20% because of piracy in the United States. In India, 29% of the potential market for movies produced by major U.S. movie studios is lost to piracy.  The IT industry is similarly affected with a recent study revealing that 35% of the software installed in 2006 on personal computers (PCs) worldwide was obtained illegally, amounting to nearly $40 billion in global losses due to software piracy.   Although there are various laws in place for battling piracy, the enforcement of these laws in India is weak. However, Indian courts have passed various judgments enforcing the provisions of the copyright law. As an example, Section 52A(2) of the Copyright Act, 1957 establishes certain requirements for publishing a video. As interpreted by Indian courts, a lack of these requirements may create a presumption of piracy. Section 52A(2) states that no person shall publish a video film in respect of any work unless the following particulars are displayed in the video film, when exhibited, and on the video cassette or other container:

(a) if such work is a cinematograph film required to be certified for exhibition under the provisions of the Cinematograph Act, 1952, a copy of the certificate granted by the Board of Film Certification under section 5A of that Act in respect of such work;
(b)  the name and address of the person who has made the video film and a declaration by him that he has obtained the necessary license or consent from the owner of the copyright in such work for making such video film; and
(c)  the name and address of the owner of the copyright in such work

In one of its judgments protecting the copyright of the owner, the Supreme Court of India in State of Andhra Pradesh v. Nagoti Venkataramanna {1996 (16) PTC 634 (SC)} has held that compliance of the provision under Section 52A of the Act is mandatory and any video film that does not mention the particulars as required in Section 52A(2) of the Act is deemed to be a counterfeit video film. While passing the judgment, the Supreme Court had held it unnecessary for the prosecution to track and trace the owner of the copyright in order to adduce evidence of infringement of copyright. The Supreme Court held that in cases where the particulars as mandated under Section 52A are not contained on the video, film, etc., infringement of copyright will be presumed. The High Court in its judgment in the same matter, held  "that unless the owner is identified and he comes and gives evidence that he had copyright of the video film which was sought to be in violation of Section 52A or Section 51 of the Act, there is no offence made out by the prosecution and that, therefore, the conviction and sentence of the respondent is not valid in law."
 
Market Entry Planning

Many foreign companies have been able to register their copyrights in India successfully; however, India has widespread piracy, which is a matter of grave concern for any organization wanting to enter the Indian market. Furthermore, copyright infringement is so rife in India that the Indian movie, music and IT industries are still losing millions of rupees every year despite initiating various initiatives to combat piracy. Internet piracy using the latest technologies - like P2P sharing - has further aggravated this problem.  As a result, high piracy rates persist, and companies entering the Indian market should beware of piracy.  There are, however, certain strategies that companies can utilize in order to reduce this risk.

The rights holder should evolve a comprehensive IPR strategy before entering the Indian market. Among others, the rights holder should considering including the following steps as part of an overall strategy:

  • The rights holder may hire an IPR attorney in order to understand the laws of India and to ensure that its strategy is in conformity with these laws.
  • The rights holder should also consider entering into contractual agreements before sharing creative works with third parties. These may include non-disclosure agreements and other provisions specifying the relation between the owner of a creative work and the recipient party and the rights and obligations of both the parties. It is imperative that the agreement clearly specifies the ownership of the copyright, the specific works and rights being assigned, the duration and the territorial extent of such assignment/license.
  • In case of any infringement, the rights holder should take immediate steps to enforce its rights and stop the breach. The rights holder may initially send a cease and desist notice to the infringer. Subsequently, it might initiate legal action against the infringer. It may also be helpful for the rights holder to publish cautionary notices claiming copyright to the work in order to establish their exclusive proprietary rights to the work in which copyright subsists.


Works protected under the copyright laws

  • Original Literary works
  • Original Dramatic works
  • Original Musical works
  • Original Artistic works
  • Cinematographic films
  • Sound recordings.


Rights of the copyright owners in India (in general, please consult law for specific rights for each type of copyrighted work)

  • To reproduce the work in any material form
  • To issue copies of the work to the public not being copies already in circulation
  • To perform the work in public
  • To communicate the work to the public
  • To make any cinematographic film of a literary, dramatic or musical work
  • To make any sound recording of a literary, dramatic or musical work or a sound recording
  • To make any translation of the work
  • To make any adaptation of the work
  • To offer the work for sale or rental a computer program, cinematograph film or sound recording

Registration procedure

The copyright in a work automatically vests with the creator as soon as the work is created. A certificate of registration of copyright does, however, serve as prima facie evidence in a court of law. Rights holder can apply for the registration of both published as well unpublished works. The steps are as follows:

  • Preparing the documents and filing the application

    Any person who is the owner of the copyright may make an application to the Registrar of Copyrights. The copyright owner or his/her representative can file the application. A separate application has to be filed for each separate work. The application has to be filed in a prescribed format and has to be accompanied by a Statement of Particulars and Statement of Further Particulars. The forms to be filed and other general information are available in Hand Book of Copyright Law. However, in respect to an artistic work which is used or is capable of bring used in relation to any goods, the application will also include a certificate from the Registrar of Trade Marks to the effect that no trademark identical with or deceptively similar to such registered work has been registered or is pending registration under the Trade Marks Act, 1999.

    As a pre-requisite, before filing of a copyright application, the  rights holder must give notice of his application to every person who claims or has interest in the subject matter of the copyright or disputes the rights of the rights holder to the copyright.  [Really? There is no limiting clause for only those of whom the holder is aware? The law does not state the limiting clause but practically the copyright owner can only inform those about whom he is aware of]
  • Registration and Publication

    After the application is filed, the Registrar examines the application. If required, the Registrar may seek clarifications from the Applicant. The Applicant must respond to these objections [This seems to say the Registrar can raise objections.-That is true, he can] or provide clarifications. Moreover, if no third party objection of such registration is received by the Registrar of Copyrights within thirty days of the receipt of the application, he shall be satisfied about the correctness of the particulars given in the application and will enter such particulars in the Register of Copyrights. In case of any dispute, the Registrar will hold an inquiry. After being satisfied, the Registrar will enter the details in the Register of Copyrights and publish them in the Official Gazette.  Typically the time taken for the registration of a copyright is between 8 to 12 months.

The general copyright term of protection in India is for the life of the author plus 60 years. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the copyright term last 60 years from the calendar year following the year of publication.

Performer's Rights

Performer's Rights are the special rights of a performer i.e. an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance i.e. a visual or acoustic presentation made live by the performer. With regard to his/her performance, the performer has the exclusive right to:

  • make a sound recording or visual recording of the performance; 
  • reproduce the sound recording or visual recording of the performance;
  • broadcast the performance; 
  • communicate the performance to the public otherwise than by broadcast.

    If any person does any of the aforementioned act, without the consent of the performer and during the continuance of the performer's right in relation to any performance, that act is an infringement of the performer's rights. However, if a performer has consented for incorporation of his/her performance in a cinematograph film, he shall have not have any performer's rights to that particular performance. The performer's rights subsist until fifty years from the beginning of the calendar year next following the year in which the performance is made.

Broadcaster's Rights

The Act defines 'Broadcast' as communication to the public by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or by wire. Every broadcasting organization has special rights with respect to its broadcasts and these rights are known s as broadcast reproduction rights. The broadcasting organization has the exclusive right to:

  • re-broadcast the broadcast; 
  • cause the broadcast to be heard or seen by the public on payment of any charges; 
  • make any sound recording or visual recording of the broadcast; 
  • make any reproduction of such sound recording or visual recording where such initial recording was done without license or, where it was licensed, for any purpose not envisaged by such license and 
  • sell or hire to the public, or offer for such sale or hire, any sound recording or visual recording of the broadcast.

    If any person does any of the aforementioned act with regard to a broadcast, without a license from the broadcasting organization and during the continuance of the broadcast's reproduction right, that act is an infringement of the broadcaster's rights. The broadcast reproduction right subsists until twenty-five years from the beginning of the calendar year next following the year in which the broadcast is made.

Moral Rights

Besides economic rights that vest in the author of the copyright, the author also has certain independent rights in the work, which, subsists, irrespective of any assignment, either in whole or in part. The author has the right to claim authorship of the work and to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the work which is done before the expiration of the term of copyright where, such distortion, mutilation, modification or other act would be prejudicial to the author's honor or reputation.

Infringement and Enforcement Remedies

A copyright in a work is said to be infringed when any person, without authorization:

  • Does anything that, the exclusive right to do which is conferred upon the owner of the copyright, or
  • Permits any place to be used for the communication of the work to the public for profit where such communication constitutes an infringement of the copyright in the work, or
  • Offers for sale or hire, or sells or lets for hire, or by way of trade displays or offers  for sale or hire, any infringing copy of the work, or 
  • Distributes any infringing copy either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, 
  • By way of trade exhibits  in public any infringing copy, or 
  • Imports into India, any infringing copy of the work

What is not infringement of copyright in a work

The following acts shall not constitute an infringement of copyright in a work:

  • Fair dealing with a literary, dramatic, musical or artistic work, not being a computer program for the purposes of- 

       •  private use, including research; 
       •  criticism or review, whether of that work or of any other work;
  • Making of copies or adaptation of a computer program by the lawful possessor of a copy of such computer program, from such copy

       •  in order to utilize the computer program for the purposes for  which it was Supplied; or           
       •  to make back-up copies purely as a temporary protection against loss,  destruction or  damage in order only to utilize the computer program for the purpose for which it was supplied;
  • Doing of any act necessary to obtain information essential for operating inter-operability of an independently created computer program with other program by a lawful possessor of a computer program provided that such information is not otherwise readily available;
  • Observation, study or test of functioning of the computer program in order to determine the ideas and principles which underline any elements of the program while performing such acts necessary for the functions for which the computer program was supplied;
  • Making of copies or adaptations of the computer program from a legally obtained copy for non-commercial personal use;
  • Fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events- 

       •  in a newspaper, magazine or similar periodical,   
           OR                                                
       •  by broadcast or in a cinematograph film or by means of photographs;
  • Reproduction of a literary, dramatic, musical or artistic work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding;
  • Reproduction or publication of a literary, dramatic, musical or artistic work in any work prepared by the Secretariat of a Legislature exclusively for the use of the members of that Legislature;
  • Reproduction of any literary, dramatic or musical work in a certified copy made or supplied in accordance with any law for the time being in force;
  • Reading or recitation in public of any reasonable extract from a published literary or dramatic work;
  • Provided that not more than 2 passages from works by the same author are published by the same publisher during any period of five years, the publication in a collection, mainly composed of non-copyright matter, bona fide intended for the use of educational institutions, and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published literary or dramatic works, not themselves published for the use of educational institutions, in which copyright subsists;
  • Reproduction of a literary, dramatic, musical or artistic work-
       •  by a teacher or a pupil in the course of instruction;
       •  as part of the questions to be answered in an examination; or
       •  in answers to such questions;
  • Performance, in the course of the activities of an educational institution, of a literary, dramatic or musical work by the staff and students of the institution, or of a cinematograph film or a sound recordings if the audience is limited to such staff and students, the parents and guardians of the students and persons directly connected with the activities of the institution or the communication to such an audience of a cinematograph film or sound recording;
  • Making of sound recordings in respect of any literary, dramatic or musical work, if

       •  sound recordings of that work have been made by or with the license or consent of the owner of the right in the work;
       •  the person making the sound recordings has given a notice of his intention to make the sound recordings, has provided copies of all covers or labels with which the sound recordings are to be sold, and has paid in the prescribed manner to the owner of rights in the work royalties in respect of all such sound recordings to be made by him, at the rate fixed by the Copyright Board in this behalf;
  • Causing a recording to be heard in public by utilizing it,  
       •  in an enclosed room or hall meant for the common use of residents in any residential premises (not being a hotel or similar commercial establishment) as part of the amenities provided exclusively or mainly for residents therein; or 
       •  as part of the activities of a club, society or similar organization which is not established or conducted for profit;    
  • Performance of a literary, dramatic or musical work by an amateur club or society, if the performance is given to a non-paying audience, or for the benefit of a religious institution;
  • Reproduction in a newspaper, magazine or other periodical of an article on current economic, political, social or religious topics, unless the author of such article has expressly reserved to himself the right of such reproduction;
  • Publication in a newspaper, magazine or other periodical of a report of a lecture delivered in public;
  • Making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart or plan) by or under the direction of the person in charge of a public library for the use of the library if such book is not available for sale in India;
  • Reproduction, for the purpose of research or private study or with a view to publication, of an unpublished literary, dramatic or musical work whose author is unknown, kept in a library, museum or other institution to which the public has access; if the author is known, such reproduction can only be made more than 60 years after the author's death;
  • Reproduction or publication of- 
       •  any matter which has been published in any Official Gazette except an Act of a Legislature; 
       •  any Act of a Legislature subject to the condition that such Act is reproduced or published together with any commentary thereon or any other original matter; 
       •  report of any committee, commission, council, board or other like body appointed by the Government if such report has been laid on the Table of the Legislature, unless the reproduction or publication of such report is prohibited by the Government; 
       •  any judgment or order of a court, tribunal or other judicial authority, unless the reproduction or publication of such judgment or order is prohibited by the court, the tribunal or other judicial authority, as the case may be;
  • Production or publication of a translation in any Indian language of an Act of a Legislature and of any rules or orders made there under, together with a notice that the translation has not been authorized or accepted as authentic by the Government
  • if no translation of such Act or rules or orders in that language has previously been produced or published by the Government; or
    - where a translation of such Act or rules or orders in that language has been produced or published by the Government, if the translation is not available for sale to the public;
  • Making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture;
  • Making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work, if such work is permanently situate in a public place or any premises to which the public has access;
  • Inclusion in a cinematograph film of-     
       •  any artistic work permanently situated in a public place or any premises to which the public has access; or 
       •  any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film;
  • Use by the author of an artistic work, where the author of such work is not the owner of the copyright therein, of any mould, cast, sketch, plan, model or study made by him for the purpose of the work, provided that the author does not repeat or imitate the main design of the work;
  • Reconstruction of a building or structure in accordance with the architectural drawings or plans by reference to which the building or structure was originally constructed;
  • In relation to a literary, dramatic or musical work recorded or reproduced in any cinematograph film the exhibition of such film after the expiration of the term of copyright therein;
  • Making of an ephemeral recording, by a broadcasting organization using its own facilities for its own broadcast by a broadcasting organization of a work which it has the right to broadcast; and the retention of such recording for archival purposes on the ground of its exceptional documentary character; and
  • Performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound recording in the course of any bona fide religious ceremony or an official ceremony held by the Central Government or the State Government or any local authority.

Enforcement Remedies

As the copyright owner has the exclusive proprietary rights in its work, the copyright law in India provides for both civil and criminal remedies by which the rights holder can enforce its rights.

Civil Litigation: A suit for infringement of copyright can be initiated under the Act, irrespective of the fact whether the copyright has been registered or not.

  • Jurisdiction and Venue: The suit for infringement can be initiated either in the District Court or in the High Court depending on the valuation of the suit. The suit can be at the place where the rights holder or one of the rights holders actually and voluntarily reside or work for gain or carries on business.
  • Elements of the Complaint: In the Complaint, the rights holder is required to demonstrate that (a) the alleged infringing act involves a work that is identical or similar to the copyright of the rights holder; (b) the unlawful act interfered with the copyright holder's rights of exclusive use or caused the rights holder economic loss.
  • Statue of Limitation: As a general policy in India and as has been prescribed in the Limitation Act, the rights holder has a period of three years from the cause of action for filing the suit. However, as copyright infringement is a continuing offence and the infringer violates the exclusive proprietary right of the rights holder every time he commits a discreet infringing act, the limiting period will anew with each new act. Nevertheless, it is advisable that the legal action be initiated against the infringer as promptly as possible in order to establish the seriousness of the rights holder's intent before the Court.
  • Ex-parte Interim Injunction: Most Indian courts will grant ex-parte interim injunctions should the rights holder establish its rights before the Court, establish the gravity of the offence and that the violation of its proprietary rights merit immediate consideration.  Ex-parte interim injunction is a temporary injunction granted for the course of the trial restraining the infringer from use of the infringing work and without any notice to the infringer. These injunctions, depending on the gravity of the offence, could be granted on the first day of the hearing itself.  
  • Appointment of the Local Commissioner: Depending on the facts of the case, it is also advisable to ask the court to appoint a local commissioner on the first date of the hearing who will raid the premises of the infringer where the infringing good are stored in order to seize the goods.
  • Damages: There has recently been a change in the mindset of the Indian judiciary and some of the courts grant damages to the rights holders. In the case of Microsoft Corporation v. Yogesh Papat & Anr {2005 (30) PTC 245 (Del)}, the Delhi High Court awarded damages against the Defendants for INR 19.75 lacs (approximately $49,375) for loading the software owned by Microsoft Corporation on the computer of their customers without seeking any permission from Microsoft Corporation for use of the software.

Criminal Litigation: The Act provides for remedies for infringement under the criminal laws too.

Under the copyright laws, the police have the power to suo moto conduct raids and seizure operations. However, the use of such powers by the police is minimal.

Under the criminal laws, should the rights holder not be aware of the details (name, address, dates of infringement, etc.) of the infringers, it is advisable to procure a general search and seizure warrant from the local magistrate and thereafter organize search and seizure operations in that area. In the alternative, should the rights holder be aware of the details of the infringer a complaint can be lodged with the police authorities and raids organized accordingly. In a criminal proceed however, the litigation is between the State and the infringer and the rights holder has a limited role to play. Knowing infringement shall be punished by imprisonment of not less than 6 months or more than three years with a fine, which may extend to INR two lakhs (approximately $4,760).

Administrative Remedies: The Copyright Board is constituted under the Act, and its jurisdiction extends to the whole of India. The Board is entrusted with the task of adjudication of disputes pertaining to copyright registration, assignment of copyright, grant of licenses in respect of Indian works withheld from public, unpublished Indian works, production and publication of translations of works for certain specified purposes. It also hears cases in other miscellaneous matters instituted before it under the Act. Furthermore, the rights holder can make an application to the Registrar of Copyrights and the Registrar of Copyrights, who will conduct an inquiry, and can order that copies made outside of India, which if made inside India would infringe the work   not be imported. Such copies will be deemed to be goods for which the import has been prohibited and/or restricted under the Customs Act, 1962, and the Registrar of Copyright or any person authorized by him can enter any ship, dock or premises where such infringing copies may be found and may examine such copies.

Provisions under the Customs Laws: Besides the civil and the criminal remedies mentioned herein above, there are also certain provisions under the customs laws that prohibit the importation of infringing goods in India. The Customs Authorities have recently promulgated guidelines known as the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007. These guidelines authorize the Customs officials to seize goods infringing the copyrights of the rights holder at the border without obtaining any orders from the court.  Under these rules, the Customs authorities have initiated a recordation system using which the rights holder may give a notice in writing, to the Commissioner of Customs or any other Customs officer authorized by the Commissioner and request the suspension of clearance of such goods suspected to be infringing the copyrights of the rights holder. Subsequent to the filing of such notice, the Commissioner is bound to notify the rights holder within 30 working days regarding the acceptance or rejection of this notice. In case of acceptance of the notice, such registration shall be valid for one year during which Customs authorities will assist the rights holder to prohibit the importation of infringing goods at the border.. The Customs officers have the authority to suspend the clearance of such prohibited goods either by the information received by the rights holder or by initiating suo moto action, provided they have prima facie evidence or reasonable grounds to believe that the imported goods are infringing the copyrights of the rights holder. When clearance of the goods is suspended, the Customs authorities must inform the rights holder, who must execute the requisite bond and join the proceedings against the importer. If the rights holder does not act within the prescribed period, the Customs authorities will release the goods. These rules also empower the Customs officers to destroy the goods under official supervision or dispose of them outside the normal channels of commerce if it has been determined that the goods detained have infringed the copyright of the rights holder and if no legal proceeding is pending in relation to such determination. These rules also prohibit the re-exportation of the goods infringing the copyright.

Expected Developments

India has not yet acceded to the 'WIPO Copyrights Treaty (WCT)' and the 'WIPO Performances and Phonograms Treaty (WPPT)', but it is planning to amend its copyright law in order to keep pace with the rapid advance of technology. It is expected that this legislation will be finalized and presented in the Parliament in the future.

Moreover, the Customs authorities are in the process of upgrading their information technology infrastructure so that they can accept notices from the rights holder electronically.

Copyright Legislation and Regulation in India

The Copyright Act, 1957
The Copyright Rules, 1958
International Copyright Order, 1999

International Treaties to which India is a signatory

   •  Berne Convention for the Protection of Literary and Artistic Works 
   •  Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms 
   •  Agreement on Trade Related Aspects of Intellectual Property Rights  (TRIPS)
   •  Universal Copyright Convention

Copyright Related Websites:

The Copyright Office, Government of India
Central Board of Excise and Customs, Government of India 
Copyright and Related Rights - WIPO
 
FAQs

  1. When can I use the symbol ©?

    As soon as you have created the work in which copyright subsists you should use the symbol © along with the year in which the work has been created and the name of the copyright owner. This is irrespective of whether the copyright in a work has been registered or not.[Is this mandatory?-No its not mandatory]
  2. What is the term of copyright in a work in India?

    Typically, the copyright in any literary, dramatic, musical or artistic work (other than a photograph) published within the lifetime of the author subsists until 60 years from the author's death.
  3. Can I license/assign the copyright in a work to another person?

    Yes. You can license/assign the copyright in a work to another person provided the arrangement has been reduced in writing. No license/assignment is valid unless a written instrument supports it.
  4. It is mandatory to register the copyright in a work in India?

    No. It is not mandatory to register a copyright in a work in India. However, registration of copyright constitutes prima facie evidence the information contained in the registration in case of a dispute. However there is no difference in the protection granted to a copyright in a work of a registered or an unregistered copyright.
  5. Who is the first owner of copyright in a work?

    Ordinarily the author is the first owner of copyright in a work.
  6. Who is an author?

    There are different authors for different kinds of work. In the case of a literary or dramatic work the person who creates the work is the author. In the case of a musical composition it's the composer. For cinematograph films and sound recordings the producer is the author while in the case of a photograph, the photographer is the author, while in relation to other artistic works, the artist is the author. In the case of a computer-generated work, the person who causes the work to be created is considered to be the author.
  7. What will be the period of assignment of the copyrights in the work if it has  specifically not been stated in the assignments?

    If the period of assignment has specifically not been stated in the assignment, it shall be deemed to be five years from the date of assignment.
  8. What will be the territorial extent of the assignment if it is not specified in the assignment?

    If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend to the whole of India.
  9. In what conditions would an assignment lapse automatically?

    Unless otherwise specified in the assignment, if an assignee does not exercise the rights assigned to him within a period of one year from the date of assignment, the assignment is deemed to have lapsed automatically after the expiry of this period.
  10. Does copyright subsist in a foreign work?

    Yes. Copyright in a work of nationals of countries who are members of the Berne Convention for the Protection of Literary and Artistic Works, Universal Copyright Convention and the TRIPS Agreement are protected in India. These rights are protected in India through the International Copyright Order.