INDIA Law and Practice Contributed by: Safir Anand and Twinky Rampal, Anand and Anand Advocates
3.8 Copyright Application Requirements The information required for filing a copyright application is as follows: • name of the applicant; • address of the applicant; • nationality of the applicant; • title of the work; • language of the work; • copy of the work; • name of the creator/inventor/singer/composer of the work; • address of the creator/inventor/author of the work; • nationality of the creator/inventor/author of the work; • NOC of the author/developer; • POA (draft to be provided); • whether the work is published; • if the work is published – (a) year of first publication; (b) country of first publication; (c) name, address and nationality of the publisher; • if the work is published more than once, then – (a) years of subsequent publication; (b) countries of subsequent publication; (c) names, addresses and nationalities of the publishers; and • an image of the signature of the authorised signatory. The government fee for filing a copyright action is as follows: • artistic work: approximately USD165; • software: approximately USD8; • literary work: approximately USD8; • cinematographic work: approximately USD61; and • sound recording: approximately USD25.
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 published anonymously and pseu - donymously; 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 organisa - tions. 3.6 Collective Rights Management Systems Currently, India has the Indian Reprographic Rights Organisation (IRRO), the Indian Singers and Musicians Rights Association (ISAMRA) and the Indian Performing Rights Society Limited (IPRS), among others. Section 33 of the Copy - right Act 1957 recognises collection societies in India. Such societies may issues licences, col - lect fees for licences and distribute such fees among authors or other stakeholders. 3.7 Copyright Registration It is not mandatory to seek copyright registra - tion; however, securing a registration is benefi - cial in enforcement actions as also in controlling counterfeiting. The copyright register is avail - able for inspection with the Copyright Office. Any person claiming to be the author of a work can seek protection. Foreign applicants require a local attorney. Notices and Symbols Use of the copyright symbol © can be made; however, it is not mandatory.
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