Essentials about Copyright for Literary Works
Do you have a passion for writing?
Have you been dreaming of publishing a book ‘some day’!
Well, this can happen faster than you think, thanks to opportunities provided by the online publishing industry.
Chillibreeze will be providing you a platform too; to publish e-books and this will happen very soon.
Are you then wondering about Copyright?
What if someone uses the material you have written (that too after all the effort you would have put to get it right!)?
How can you protect the material you write?
How can you tell the world ‘this is my writing’ and don’t mess with it!
Whether copyright is really effective in the digital world is another point altogether.
Here, we have tried to answer some of basic questions for you. If there is anything more you want to know, please mail your query to epublishing @chillibreeze.com and we will get back to you.
Well, what exactly is Copyright – or should it be Copy write?
Copyright is used to describe the right a writer/ creator has over his/her works. It is an intellectual property right.
Sounds good, but how do I make sure I get copyright for what I write?
Literally nothing! The minute you write and publish something, you have the copyright by default! Though, it helps to also formalize it by registering.
Does this only cover written work? What about other creative work?
Copyright protects by law any literary, dramatic, artistic and musical work including films, soundtracks, and computer programs.
Sounds good, but what exactly are my rights under copyright?
Copyright means the exclusive right to reproduce, translate or adapt the work for public dissemination and performance by any means.
Once published, you enjoy copyright to your work during your lifetime and your heirs have the rights for another 60 years.
You can choose to transfer your complete, partial or territorial rights as per your business priorities. The Indian Copyright Act empowers the authors by providing moral rights also.
Moral rights? What is that?
Moral rights are rights of the author even after he has transferred his copyrights for business purposes.
They allow an author to claim damages in case of distortion of facts, modification, mutilation of his work or any disrepute or dishonor.
Moral rights can be exercised when one observes gross violation of the literary work. It varies across countries. India empowers authors by providing the moral rights.
Can you tell me, what I should be doing if someone violates my copyright?
The first step would be to check if it was out of sheer ignorance and remind them to rectify the mistake.
If the other party is non conciliatory and maximizing profit on your work, then it is an outright criminal offence. You may lodge an official police complaint. For more on that refer to Section 63 of the Copyright Act.
Given the amount of information available for reference, what if I want to use some information for my work? How do I know that the material has a copyright?
Usually all published documents have a copyright notice and year of copyright mentioned at the beginning of the book along with all other documentary information.
The symbol © implies copyright.
On books and websites, it is most commonly written as: © Chillibreeze, 2006
So, how do I secure copyright permission?
You need to get written permission from copyright owner for use of copyright material. The contact information is usually available in published documents and websites.
Under copyright act, fair use of information is permissible for educational and other purposes.
Chillibreeze is in India and if I publish my work in India, does it get protection in other countries as well?
Copyright is a country specific right.
India is a member of the following international conventions:
Thanks to these, Indian works are protected in countries which are signatories to these treaties.
What are ‘Indian works’?
Any literary, dramatic or musical work for which the author is a citizen of India; or which is first published in India; or the author of which, in the case of an unpublished work is, at the time of the making of the work, a citizen of India.
Can you tell me as to which are the important copyright legislations in India?
The Copyright Act, 1957 as amended in 1983, 1984 and 1992, 1994, 1999; and
Copyright Rules, 1958.
For more information about the Act: http://copyright.gov.in/
Where do I get more information on Copyright in India?
The Ministry of Human Resource Development has a detail handbook for public use on copyright: http://copyright.gov.in/mainhandbook.asp
My work is too precious to take a risk and I wish to register it in India. How do I do that?
Please contact the copyright office at:
B2/ W3, Curzon Road Barracks, Kasturba Gandhi Marg, New Delhi 110001
Are foreign works protected in India?
Copyrights of works of the countries mentioned in the International Copyright Order (covering Berne, UCC and TRIPS agreements) are protected in India, as if such works are Indian works.
To view list of countries which are signatories to various copyright conventions, Click here.
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