The object of copyright law is to encourage authors, composers, artists and designers to create original works by rewarding them with the exclusive right for a limited period to exploit the work for monetary gain.

It protects the writer or creator of the original work from the unauthorized reproduction or exploitation of his materials.

There is no copyright in ideas. Copyright law subsists only in the material form in which the ideas are expressed. Works protected by copyright are:

• Original, Literary, dramatic, musical and artistic works;
• Cinematographic film; and
  • Records

In order to secure copyright protection what is required is that the author must have bestowed upon the work sufficient judgment, skill and labor or capital. It is immaterial whether the work is wise or foolish, accurate or inaccurate or whether it has or has not any literary merit.

In order to qualify for copyrights the works apart from being original, should satisfy the following conditions (except in he case of foreign works)

• The work is first published in India.
• Where the work is first published outside India the author, at the date of publication must be a citizen of India. If the publication was made after the authors death the author must have been at the time of his death a citizen of India.
• In case of unpublished work the author is at the date of making the work a citizen of India or domiciled in India.
  • In case of the architectural work of art, the work is located in India.

The steps for Registration:

1. Application in triplicate with prescribed fees.
2. Applicant to serve notice of his application to every person who has any interest in the subject matter.
3. If the Registrar receives any objection he may after holding such inquiry as he deems fit, enter such particulars of work in the register of copyright, which he considers proper.
   1. Registrar then sends copies of the entries made in the register to the parties concerned

The term of copyright varies according to the nature of the work and whether the author is a natural person or a legal person e.g. a Corporation, Government Institution, etc., or whether the work is anonymous or pseudonymous.

1. In the case of literary, dramatic, musical or artistic work (other than a photograph) when published during the lifetime of the author, copyright subsists during the lifetime of the author plus fifty years. This is a universally accepted term.
2. Where the work is of joint authorship the fifty years period will start after the death of the author who dies last.
3. In the case of anonymous or pseudonymous works the terms of copyright is until fifty years from the year of publication. If the identity of the author is disclosed before the expiry of the fifty years period the term will extend to fifty years after the death of the author.
4. In the case of posthumous publications the term will be fifty years from the year of publication.
5. The period of copyright for a photograph is fifty years from the year of its publication.
6. For cinematography film and record also the term is fifty years of publication.
7. Where the first owner of copyright is the government or a public undertaking the term of copyright is fifty years from the year of publication.
8. Copyright works of International Organization also have a term of fifty years from the year of publication.

Thus it may be seen that in the case of literary, dramatic, musical or artistic works where the author is a natural person the term is lifetime plus fifty years. In all other cases the term if fifty years from the years of publication.

The author of the work is the first owner.

• In case the author is employed by newspaper, magazine etc under a contract of service, the proprietor will be the first owner in the absence of an agreement to the contrary in the case of a literary, dramatic or artistic work.
• Where a photograph is taken, or a painting or portrait drawn for a valuable consideration at the instance of person, such person is the first owner.
• Where any address or speech is delivered in public, the person delivering is the first owner and where it is delivered on behalf of another person such other person is the first owner.
• In case of Government work, Government shall be the first owner.
  • In case of work made or published by or under any public undertaking, it shall be the first owner.

Copyright in a work is deemed to be infringed:

• When any person without a license from the owner of the copyright, or the Registrar of Copyright (in certain situations) or in contravention of the conditions of a license,
  1. does anything the exclusive right to do which belongs to the copyright owner, or
  2. knowingly permits for profit any place to be used for the performance of the work in public which continues an infringement of the work, or
  3. When any person, makes for sale or hire, or sells or lets for hire, or offers for sale or hire, or exhibits in public for trade or import (except two copies other than cinematography film or record for personal use) any infringing copies of the week.

In general it is the commercial exploitation of the work in any form by a person without authority that constitutes infringement.