Discuss the need for registration of work under the Copyright Act, 1957.
CS Professional · Intellectual Property Rights - Law and Practice · PYQS · December 2020
Discuss the need for registration of work under the Copyright Act, 1957.
Answer & Explanation:
Under the Copyright Act, 1957 the term "work" includes an artistic work comprising of a painting, a sculpture, a drawing (including a diagram, a map, a chart or plan), an engraving, a photograph, a work of architecture or artistic craftsmanship, dramatic work, literary work (including computer programmes, tables, compilations and computer databases), musical work (including music as well as graphical notations), sound recording and cinematographic film. Registration of a creative, original work is not required for copyright protection. Under Copyright Act following the Berne International Convention on Artistic, dramatic work, there is no need for registration of a work. Copyright protection is available to a work once it comes into existence. Non registration of work under Copyright Act doesn't deprive it of copyright protection and economic and moral rights. In fact in case of copyright infringement the passing off remedies are available to the author or owner of the work. Indian Copyright Act provides the procedure and rules with regards to the registration of copyright work. Registration of work creates the records of the origination of rights of the stakeholder in the work. In case of violation of copyright in a registered copyright work, the concept of infringement is applicable.
Topics: Copyright Act, 1957
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