Intellectual Property Rights--Copyright

Registration of Copyright Not Mandatory For Seeking Protection Under Copyright Act

Kush Kalra

Whether registration of copyright is mandatory for seeking protection under the Copyright Act. This question is being answered by the Author in this write up.

1. Introduction

Though the expression 'copyright' has not been defined separately in the 'definitions' section of the Copyright Act, yet, section 14 makes it clear that ' copyright' means the ' exclusive right', subject to the provisions of the Act, to do or authorise the doing of certain acts ' in respect of a work' . When an ' author' in relation to a ' literary work' which includes a ' computer programme', creates such work, such author has the exclusive right, subject to the provisions of the Copyright Act, to do or authorise the doing of several acts in respect of such work or any substantial part thereof. In the case of a computer programme, section 14(b) specifically speaks of two sets of acts -- the seven acts enumerated in sub-clause (a) and the eighth act of selling or giving on commercial rental or offering for sale or for commercial rental any copy of the computer programme. Insofar as the seven acts that are set out in sub-clause (a) are concerned, they all delineate how the exclusive right that is with the owner of the copyright may be parted with, i.e., if there is any parting with the right to reproduce the work in any material form; the right to issue copies of the work to the public, not being copies already in circulation; the right to perform the work in public or communicate it to the public; the right to make any cinematograph film or sound recording in respect of the work; the right to make any translation of the work; the right to make any adaptation of the work; or the right to do any of the specified acts in relation to a translation or an adaptation.