The idea of global intellectual property regulation just doesn’t exist! The application of copyright law is territorial and regional. The national laws of a country will determine whether a work is protected from unauthorized use
However, the procedure for providing foreign copyright holders with protection has been greatly simplified by a number of international treaties and conventions. Because of this, content creators and owners in various nations now have worldwide exclusive rights to their works.
Treaties and Conventions on International Copyright
Several international treaties and conventions safeguard creative works that are protected by copyright. The primary international group in charge of ensuring universal copyright protection is the Berne Convention for the Protection of Literary and Artistic Works.
Berne Convention on the Protection of Literary and Artistic Works The Berne Convention deals with the rights of authors and the protection of works. It is based on three fundamental principles and includes a number of provisions establishing the necessary minimum level of protection as well as special provisions for developing nations that wish to use them.
The Berne Show requires security for all imaginative works in a proper medium to be programmed. This indicates that copyright protection can be obtained without registering or depositing money with a government copyright office. However, copyright holders can register their works through voluntary government registration systems to obtain certain rights and benefits, particularly in instances of copyright infringement.
As a result, the following fundamental tenets serve as the foundation for the convention:
Principle of “Independence” of Protection – Protection is independent of the existence of protection in the country of origin of the work (principle of “independence” of protection). Principle of “Automatic” Protection – Protection must not be conditional upon compliance with any formality. Principle of “National Treatment” – Works originating in one of the Contracting States (that is, works the author of which is a national of such a State or works first published in such a State) must be given the same
Application for International Copyright Because India is a signatory of the Berne Convention, even if the work was first published in India, copyright protection is available in a number of other nations. Therefore, works originally published in India and in a number of other nations are eligible for copyright protection even if no formal application is made for it.
In addition, copyright protection is available to any work that falls under the categories of literature, drama, music, art, cinematography, or sound recordings. Originality is required for the copyrighted work; However, the work does not need to be based on a novel idea or concept. The law only cares about whether or not a thought is original.
India’s Copyright Law The Copyright Act of 1957 (the Act) is India’s governing copyright protection law, supported by the Copyright Rules of 1958.
India relies on case law to interpret and establish precedents in law because of its common law legal system. Judicial decisions also contribute to the sources of copyright law in India. Both the Universal Copyright Convention and the Berne Convention have been signed by India.
Also know about: How can I register for copyright in India?
The International Copyright Order was also approved by the Indian government in 1999. According to the terms of this Order, a work that was first published in one of the aforementioned nations will receive the same treatment as if it were first published in India.
In India, the procedure for registering a copyright is governed by the Copyright Act of 1957 and the Copyright Rules of 2013. Copyright can be granted to any original artistic work, cinematographic film, music composition, literary or dramatic work, sound recording, or software that embodies a tangible thought.
Some fundamental recommendations are as follows:
Each application for registration must be submitted on Form IV (including Statement of Particulars and Statement of Further Particulars) in accordance with the First Schedule to the Rules. A copy of the manuscript should accompany the application if the work has not yet been published. After that, a diary number is assigned to track the application’s progress. There is a 30-day mandatory waiting period before any objections are invited. If there are no objections, the application will be sent to an examiner. The registration process will be concluded if the examiner finds no errors in the application.