Copyright is a kind of intellectual property the importance of which has increased enormously in this era of modernization where rapid changes are taking place in the field of printing, entertainment, film, media, music and computer industries.

Copyright relates to original literary, dramatic, musical or artistic works, cinematograph films and sound recordings. Copyright is a proprietary right and it comes into existence as soon as the work in created.

Copyright means the exclusive right to do or authorize others to do certain acts in relation to :

(i) Literary, dramatic, musical and artistic works,
(ii) Cinematograph films and
(iii) Sound recordings

As an intellectual property right copyright has a great advantage that it arises automatically. It comes into existence as soon as the work is created. There is no official registration or form or fee. It is noteworthy that there are strict limits to the protection copyright affords. Unlike a patent, copyright is not a true monopoly. Copyright dose not protect the idea as such. What copyright protects is the form in which the work is expressed. Anyone is free to entertain the idea underlying the work, or to incorporate that idea in a new work.

Law Applicable in India

The law protecting copyright in India is governed by The Copyright Act, 1957.

Eligibility for copyright protection
A work becomes eligible for copyright protection only if it is original and fixed in a tangible medium. It has to be one of the following categories of works :

1. Literary works, including computer software
2. Musical works including any accompanying words
3. Dramatic works including any accompanying music
4. Pantomimes and choreographic works
5. Pictorial, graphic and structural works
6. Motion pictures and other audio visual works
7. Sound recording
8. Architectural works

In order to be eligible for copyright protection the work must be the result of some creative efforts on the part of its author. There are no criteria for the level of creativity or hard and fast rules as to how much creativity is enough. It is not necessary that the work has to be novel or useful but it has to be original for copyright protection. Copyright does not protect ideas, names or titles, or functional or industrial articles.

Copyright protection
Copyright protection is automatic. The work is protected the moment it is created. The copyright notice is placed on work for its protection.

A copyright notice should contain :

I The word "copyright"
II A "©" in a circle
III The name of either the author or the owner of all the copyright rights in the published work.

For example Copyright © 2002 NID , means the work was published in the year 2002 and the copyright belongs to NID.
As per the Berne Convention (to which India is a signatory) for protection of literary and artistic works, use of copyright notice is optional. However it is advisable to incorporate a copyright notice.

Rights of copyright owner
The copyright owner is authorized to do the following :

1. To reproduce the work in material form
2. To publish the work
3. To perform the work in public
4. To produce, reproduce, perform or publish any translation of the work
5. To make any cinematograph film, or a record in respect of the work
6. To communicate the work by broadcast by radio, cable or satellite
7. To make any adaptation of the work
8. To do in relation to a translation or any adaptation of the work.

Copyright provides a bundle of rights enjoyed by the original author and their heirs. They have exclusive rights to :

· Make copies of the work
· Make derivative works based on the original work
· Distribute the work
· Perform the work publicly
· Display the work in a commercial setting
· Prevent others from making unauthorized use of the copyrighted work

Term of Copyright
In case of literary, dramatic, musical or artistic works, the term is lifetime of the author plus sixty years. In case of cinematographic films, records, photographs, posthumous publication, anonymous publication, works of Government and international agencies the term is of sixty years from the date of publication. In case of broadcasting the term is of twenty-five years from the year in which the broadcast was made.

Infringement
In case of infringement of copyright a civil suit can be instituted in the district court or High Court having jurisdiction to try the suit. A suit must be filed within the period of three years from the date of infringement. There are three types of remedies available against infringement of copyright namely, civil, criminal and administrative. Civil remedies include injunction, damages or account of profits, delivery-up of infringing copies and damages for conversion. Criminal remedies provide imprisonment, which may extend from a minimum period of six months to a maximum of three years and with a fine of the order of Rs. 50,000/- to 2.00 lakhs and seizure of infringing copies and delivery-up of infringing copies to the owner of the copyright. Administrative remedies consist of moving the Registrar of Copyright to ban the import of infringing copies into India and delivery-up of the infringing copies confiscated to the owner of the copyright.

Copyright Conventions
India is signatory of two international conventions viz. Bern Convention and the Universal Copyright Convention. By virtue of the provisions contained in these two multilateral Conventions, the works of Indian nationals are entitled to copyright protection in all the countries which are signatory to these two conventions. Foreign authors from the member countries are entitled to similar copyright protection in India, which is accorded to the works of Indian authors under the domestic law.

Exceptions -- Fair use
Certain uses of copyrighted works are not considered to infringe upon the rights of the copyright owner and so one does not require permission from the copyright owner. These uses are known as 'Fair Use'. Such uses are exceptions to copyright that allow limited use of copyright works without the permission of the copyright owner. For example, limited use of works may be possible for research and private study, criticism or review, reporting current events, judicial proceedings, teaching in schools and other educational establishments etc.