When we talk about ancient time all the creative people who were there, they used to do Their work or compose or write on any topics for The fame and recognition but as The period change creative people Like artists, musicians and writes compose The Things for the earning purpose or I can say to earn livelihood thus the question of copyright arrived during the recent time and In ancient time copyright never arise. The Importance of only arise during the time when there was invention of printing press done which enable the reproduction of books in large quantity practicable.
When we talk about India copyright act arrived in the year 1914. which was completely based on the UK copyright Act which won passed In 1911 In Society as trend were many changes coming in society because of which there were some changes brought up in the copyright Act so legislative felt it is necessary to revise the copyright, and because of revision of the Act they brought up with copyright Bill, 1957 which was being introduced in the parliament.
Copyright with respect to Cinematograph Film it says that section 2(f) of the copyright Act as amended in the last Amendment Act of 1994 Says that “Cinematograph Film” mean any work which has a visual recording which Is produce on any medium through a process in which a moving image is being produced by a means and it also. include sound recording and when all the factors come together i.e., Material and Music visual recording Is being Form it is not really necessary that sound should be there Therefore a “Cinematograph film” denotes a visual recording whether accompanied by a sound recording or not. It must be produced through a process from which a moving Image may be produced by any means. So “Cinematographic is construed as including any work produced by any process analogous to cinematography mending video films.
we all know that when it comes to Cinema on the major role is placed by music or he simple world music gets a life to any Cinemograph Film Include some film and the sound track is associate with the film where is also an extended version that came up because of video tapes which was later on added in the definition of the Act, but in Now-a-days cinematograph to have well established law that are being made which includes both the TV & video and both of them jointly and severally became the Instruments of representation of movie pictures or series of pictures and that the video is an appliance Capable of use for the reception of sign, signals, image and sounds.”
When any Cinemograph film gets watch themself registered have under copyright Act There is basically, a sense of safety In the mind of a creator because once any film got with Copyright Act it is being protected and none can Copy any matter from The Film and also no one can misuse or copy their work without their permission the benefits that can be seen because of copyright for Cinemograph Film is
- Show the creator’s work publicly.
- Attracts the crowd attention.
- Defensive Measures.
- Enjoys the Rights to Work freely.
- Generate profits.
- Legal Safety of Ownership.
- Protecting the creator’s reputation.
- Passing on the Right of work
Till now we have just talk about Cinemograph copyright Act now let know which are the essential documents required for Copyright of cinematography Film in India. Following is the list of vital Documents required
- firstly, The Candidate or the Creator has to provide his details like name, address, occupation education qualification, nationality.
- Applicant has to submit the original work in case the work is published and if it is not published then we have to submit two copies of the work.
- Applicant has to submit form xiv and with that he has to Submit SOP (statement of particulars) and is both should be duly signed by the applicant who may be the “creator or owner of the right In the case of Cinematography Films, a Statement of Further Essentials is not needed.
- An Agreement or No Objection Certificate, if another person is also involved other than the applicant.
- Submit a Power of Attorney if filing an application is done by an advocate or any representative other than the applicant.
Procedure that is followed by cinemograph film under copyright act
- Formality Check:
First, the applicant needs to file an application form for copyright; after then, they have to submit the same to the Copyright Office. After that, the Copyright Officer conducts a formality check to make sure that all the vital documents are attached to the application or not. But, in case of any failure, a letter specifying the essential documents is sent to the applicant.
- Advertisement for Objection:
Once the officer successfully completes all the formality checks, it is advertised for one month to invite objections from individuals who declare to have an interest in the copyright subject matter or who disagree with the applicant’s Right to register their work. If any objection is raised by any individual or any third-party, both parties will be invited to respond in writing, and then it will be heard by the Registrar. If the objection occurs, the application for copyright will be rejected.
The Copyright Office will check if the creator’s work had any objections or dissimilarities. If objections are raised by the third-party, the application will be rejected. But, if it passes the objections duration and no objections are raised, further steps will be made.
In case of any differences, the applicant will be given a chance to correct their work based upon the requirements and passes it for Copyright Registration. Moreover, if the discrepancies are modified, the application will be managed by the Registrar for issuance of a Registration Certificate.
Once the examination process is done, a Registration Certificate and extracts of Copyright Registration will be issued to the applicant.
Time Span of Protection: The Copyright Act (Section 26) contracts with the duration of Copyright for Cinematograph films. The validity of protection is 60 years and starts from the year when the original work was 1st published.
Copyright for Cinematography Films ensures that your work is protected against any unauthorized use, thereby allowing you to assign the work, sell, or distribute and make monetary gains. The protection is usually granted for 60 years. Once Copyright for Cinematography Films is registered, it creates a sense of safety in the creator’s mind, that their creation is well protected under the Copyright Act.
- copyright law in India by Dr.G.B.Reddy
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