INDIA Law and Practice Contributed by: Safir Anand and Twinky Rampal, Anand and Anand Advocates
(i) to reproduce the work in any material form includ - ing – (A) the storing of it in any medium by electronic or other means; or (B) depiction in three dimensions of a two-dimensional work; or (C) depiction in two dimensions of a three-dimensional work;
The term of protection is the lifetime of the author plus 60 years after the death of the author: • for published literary, dramatic, musical and artistic works; for literary, dramatic, musical and artistic works (other than a photograph) which are pub - lished anonymously and pseudonymously; for posthumous works (literary, dramatic, musical works or engravings); • for cinematographic works; • for sound recordings; • in the case of government works; • in the case of works of public undertakings; and • in the case of works of international organisations. 3.6 Collective Rights Management Systems Currently, India has societies such as the Indian Per - forming Rights Society, for licensed literary/musical works on behalf of authors/publishers; Phonogram Performance Limited, for licensed sound record - ings on behalf of record labels; and the Indian Singer Rights Association, primarily for licensing of per - former’s rights on behalf of performers, among oth - ers. Section 33 of the Copyright Act 1957 recognises collection societies in India. Such societies may issue licences, collect fees for licences and distribute such fees among authors or other stakeholders. 3.7 Copyright Registration It is not mandatory to seek copyright registration; how - ever, securing a registration is beneficial in enforce - ment actions and also in controlling counterfeiting. The copyright register is available for inspection at the Copyright Office. Any person claiming to be the author of a work can seek protection. Foreign appli - cants require a local attorney. Notices and Symbols Use of the copyright symbol © can be made; however, it is not mandatory. 3.8 Copyright Application Requirements The information required for filing a copyright applica - tion is as follows: • name of the applicant;
(d) in the case of a cinematograph film – (i) to make a copy of the film, including –
(A) a photograph of any image forming part thereof; or (B) storing of it in any medium by electronic or other means; (ii) to sell or give on commercial rental or offer for sale
or for such rental, any copy of the film; (iii) to communicate the film to the public; (e) in the case of a sound recording –
(i) to make any other sound recording embodying it including storing of it in any medium by electronic or other means; (ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the sound recording; (iii) to communicate the sound recording to the public. Explanation – For the purposes of this section, a copy which has been sold once shall be deemed to be a copy already in circulation.” Moral rights are recognised in India, and the provi - sions of Section 21 of the Act regulate that. 3.5 Term of Protection and Termination Sections 22–29 of the Copyright Act provide the terms for copyright protection.
• address of the applicant; • nationality of the applicant;
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