Cinematography Copyright
Copyright is a privilege given by the law to the originator of artistic works. It safeguards the rights of authors over their creativity, consequently protecting their work and rewarding artistry. Copyright for Cinematograph Film provides protection to the sole efforts of authors and artists that create an atmosphere favourable to creativity, which encourages the author/artists to create more.
Copyright is used to protect the author’s original expression of an idea in the form of some creative work, but not the idea itself. It is a type of intellectual property that gives its author, the exclusive right to issue copies of a creative work, normally for a limited period. It protects creators of original work from unauthorized use or duplication.
Concept and Definition of Copyright for Cinematograph Films
Copyright in “Cinematograph films” can be defined as any visual work or visual recording on any medium created through a process from which a moving image may be created. As explained, it can be created by any means and also comprises a sound recording along with the visual recording. ‘Cinematography’ shall be indicted as including any work created by any process similar to cinematograph including video films. In a nutshell, a cinematograph film is considered to be one, when any realistic system work has moving pictures or visuals.
The whole working of Copyright Protection of a Cinematograph film necessitates an amalgamation of strong public awareness and education. Besides, Better implementation of Copyright laws and a strong perception of the various framework of Copyright protection would go a long way in putting a stop to privacy and plagiarism.
What are the Key Elements of Copyright Registration?
Below mentioned are the key elements of Copyright Registration-
Prerequisites
The prerequisites for Copyright registration are that the work must be original, creative and should be capable of fixing in the tangible form.
Privileges enjoyed by the author
The author enjoys various privileges like -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 with no 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.
Fees for Copyright registration for Cinematograph Films
The Fees for Copyright registration for cinematograph films is Rs 5,000 per work. Therefore, the applications for Copyright for cinematograph films must be accompanied by the corresponding fee.
Procedure of Copyright for Cinematograph films
The Fees for Copyright registration for cinematograph films is Rs 5,000 per work. Therefore, the applications for Copyright for cinematograph films must be accompanied by the corresponding fee.
Formalities check
The Fees for Copyright registration for cinematograph films is Rs 5,000 per work. Therefore, the applications for Copyright for cinematograph films must be accompanied by the corresponding fee.
Advertisement for objections
Once the formalities check is done by the Copyright Officer, it is advertised for a 1 month to invite objections from persons who assert to have an interest in the subject matter of the copyright, or who disagree with the right of the applicant to register the work. In case of objection raised by the party, both parties (The applicant and the person who has objected) will be invited to reply in writing, and then will be heard by the Registrar. If the objection exists, the application will be rejected.
Examination
The Copyright Officer will examine if the work had any objections or disagreements. If objections are raised, the application process will be rejected. However, if it passes the duration of objections and no objections are raised, further steps will be made.
In case of discrepancies, the applicant will be given a chance to correct his work, based upon the prerequisites and passes it for registration. Further, If the discrepancies are corrected, the application will be processed by the registrar for issuance of a certificate of Registration.
Registration
Once the process of examination gets completed registration, a Registration Certificate, as well as extracts of Copyright Registration will be sent to the Applicant.
Duration of Protection
Section 26 of the Copyright Act deals with the duration of protection for cinematograph films, in which the duration of protection is 60 years. The duration of protection begins from the year when the work was first published.
How Cinematography film is published?
The Cinematography film is published via-
- TV shows showcasing the Cinematography film.
- DTH Channels showcasing Cinematography films.
- Broadcasting the cinematograph film via Compact Disk or DVD.
- Releasing the movie in the theatres or multiplexes
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 person to use art in cinema or films.
- Making a further modification of the work.