Overview on Copyright for Literary Work

Copyright for literary work protects original literary works of the author that must be original at every level and not the modified one. As we all know, in the present scenario, when the internet is overloaded with information and it is easier to access various works, it is essential to protect your work from unauthorized access and use.

It is this Copyright Act that restricts users from unauthorized access and rewards the original work of authors by protecting their work at every level. Likewise, literary works are also protected by the Copyright Act. However, if two people have produced similar works in a specific field, copyright will be given to both of them for their works.

Besides, the dramatic copyright protects original dramatic work and its modifications. The act also attempts to protect recitations, choreography, and entertainment shows.

Detailed Description on Copyright for Literary Work: What Includes?

Copyright for literary work is described as a work excluding audiovisual works, exhibited in words, numbers, or other verbal or numerical characters or distinguishing marks, prejudice to the creation of the subject matters, such as novels, stories, books, publications, parchments/documents, phone records, film, tapes, disks, or cards, in which they are expressed. Literary work includes:

• The work must be original and not replicate another work.
• Different authors in an individual state producing identical work will be entitled to copyright for literary work.
• The emphasis is more on the work, perception, and capital disbursement in producing the work. It includes tables, selection, and computer programs.
• Copyright for dramatic work persists in original dramatic work and its alterations.
• It includes any piece or narration, choreographic work.
• Amusement in pantomime.
• The dramatic arrangement or acting form, which is fixed in writing otherwise.
• But excludes a cinematograph film.

How Copyright for Literary Work Helps the Author in Protecting Their Original Work

Copyright for literary work is designed to safeguard the interest and creativity of the author. When authors possess ownership of their work, it restricts others from stealing their ideas and reaping the benefits they get out of it. It is the author’s responsibility to protect their literary property and carry the right to do anything with it. Ultimately, the author will be the principal authority and thus, experiences the privileges given by the laws.

Besides, when authors have ownership of their work, it restricts others from copying the idea of work and reaping the benefits out of it. So, it is the responsibility of the author to protect their literary property. Conclusively, the author will be the principal authority and thus experiences the joy of getting appreciated.

What are the Key Elements of Copyright for Literary Work?

Below are the key elements required for Copyright for Literary work:

• Prerequisites: The prerequisites for literary work are that the work must be original, creative, and should be capable of being fixed in a tangible form.
• Inclusion of work: The literary work includes novels, stories, books, publications, magazines, typescripts, phono-records, film, tapes, or disks cards, in which they are expressed.
• Duration of Protection: The duration of Copyright protection in the case of published work is the author’s life plus 70 more years. However, in the case of unpublished works, copyright lasts until the work is first published to a span of the life of the artist + 70 years.
• Privileges enjoyed by the author: The author enjoys various privileges like the right to control the reproduction, making of derivative works, issuance of copies, public performance, and display of the copyrighted works.
• Recreation of work: Only the author and authorized individuals can recreate the original work without fear of copyright laws.

Who Can Opt for Copyright?

Authors, artists, writers, architects, and other creative professionals. The work performed must be tangible in nature. Original works in a tangible form can be protected under copyright laws.

What are the Types of Copyright for Literary Work?

Below are the types of literary work that are entitled to copyright protection, including:

What are the Privileges Enjoyed by the Author/Writer Under the Copyright Act?

The privileges enjoyed by the author/writer under the Copyright Act are:

• Only the author has the right to reproduce the work in any manner or ways he wants to. However, if the work is yet to be published, only the author has the authority to publish it.
• The author is the only person who can permit the use of art in cinema or films.
• Making further modifications of the work.

Note: There is a little exception to the above privileges. For instance, if the art is shown incidentally in a movie, it is exempted from the act. In those cases where the art is transfixed at a particular place and that place gets recorded in a movie or show, the artist cannot claim copyright infringement.

What are the Benefits Involved in Copyright for Literary?

Copyright is a legal expression used to express the rights that the author has over their literary works. Works covered by copyright range from books, non-dramatic textual work, computer programs, databases, advertisements, maps, and technical drawings. It safeguards the creator’s original work. So, it can be said that copyright is the guardian of invention.

Once copyright for literary work is registered, it creates a sense of security in the mind of the author that their transcript creation is protected under the Copyright Act. The advantages of copyright for literary works are:

What Documents are Required for Copyright for Literary Work?

• Details of the applicant including identity proof, address proof.
• Supporting documents related to the nature of the applicant’s interest.
• Details of the work along with the date when the work was first published.
• Submission of original copies of the work: 3 copies of the work (if published), 2 copies of the work (if not published).
• Supporting documents related to the class and description of work.
• Description regarding the subject and language of the work.
• Authorization concerning the work if it is not the work of the applicant.
• For copyright for literary work, NOC from the author is required. However, if the applicant is different from the author, NOC from the publisher is required.
• Demand Draft/IPO of the respective fees as per the work.
• If the work is to be used on a product, then a NOC from the trademark office is required.
• If the application is being filed through an attorney, the specific Power of Attorney signed by the attorney is needed.

What is the Procedure of Copyright for Literary Work?

The steps involved in the procedure of Copyright for Literary Work are:

Step 1: Filing an Application for Copyright Registration

The author of the work or its authorized representative can file an application for Copyright for Literary work either manually or through an e-filing facility available on the official website copyright.gov.in.

For copyright registration, an independent application must be filed with the Registrar along with the description of the work. For filing the application, an applicant has to log in on the official website. For the same:

• An applicant has to enter the valid User ID and Password.
• If the applicant has not registered yet, then he/she is required to opt for New User Registration.
• After opening the login page, tap on “Click for online Copyright Registration”. An applicant shall fill the online “Copyright Registration Form” along with all the requisite documents. Once the application is filed, the Registrar will issue a dairy number to the applicant.

Step 2: Examination by the Registrar

Once the application is filed, the next step is the examination of the copyright application. Once the dairy number is issued to the applicant, a minimum of 30 days waiting period is provided where the copyright examiner will analyze the application and all the supporting documents provided. In case there are any discrepancies, the copyright office shall communicate with the applicant and request further clarification.

Step 3: Registration of Copyright

If the application is accepted, then the Copyright is registered and the applicant will receive a certificate of registration, which can be used to assert ownership of the work. In case the copyright is not registered, then the applicant is required to wait for a minimum of 30 days where the applicant can appeal against the order.

Conclusion

Copyright for Literary Work is the shield against the unauthorized use of their creations. Copyright not only provides authors the right to control the reproduction of their works, but also protects the creative output from any unauthorized copying or reproduction. The scope of copyright extends to literary, dramatic, musical, and artistic works. To enjoy all the privileges that the Copyright Act provides, it is crucial for authors to register their literary works with the Copyright Office.

Contact us at startupa2z.com for further assistance on Copyright Registration!