In the age of digitalization, when artificial intelligence is taking over and deep fakes are almost real, the protection of original creations of the mind is more important than ever. Especially when you publish and share your unique literary work with the world. All writers, authors, poets, academicians, lyricists, scriptwriters and anyone else who creates unique literary content regularly are welcome to contribute to this blog.
There is a type of Intellectual Property (IP), called Copyright, which protects every literary work. The intent of this blog is to highlight the importance of Copyright protection in the world of Literature to assist artists in protecting their unique works.
Copyright protection and literary works
- 1 Copyright protection and literary works
- 2 How important is a copyright protection for literary works?
- 3 Is it really necessary to get literary work copyright?
- 4 How to register a literary work with a copyright
- 5 In the end…
Literary works are included in Intellectual Property (IP) as follows:
- Books/ e-books
- New editions of Books (adaptations and translations included)
- Concept notes
- Lectures/ sermons and speeches
- Judicial Pronouncements
- Website Content
- Question papers
- Lyrics of song
- Computer Programmes
- Tables and compilations including computer databases
- And more…
Each original work of literature is automatically protected by copyright. The term literally translates as ‘right to. For any art form such as drama, music, photography, or literature, copyright plays a vital role in protecting the work against unauthorized use and piracy.
How important is a copyright protection for literary works?
Every original work of authorship is protected by copyright. Due to the ease of access to the internet, piracy and plagiarism in literature have increased as a consequence. Because of this, it is important for authors to protect their literary work with copyrights. An enforceable copyright allows you to sue someone who has infringed on your original work;
- Your literature gains goodwill in the market;
- Copyright Registration is proof of ownership;
- From the date of death of the author, copyright registration lasts up to 60 years in India. In other words, no one can infringe on your work after you die!
- In the event of copyright infringement, there are multiple remedies available:
- If the publishing, distribution of copies of infringing works is being done without your permission, you can seek an injunction against them;
- you can also take criminal action against them;
- In addition, you can also claim damages to compensate you for the loss caused by the infringements.
Is it really necessary to get literary work copyright?
Here are two fascinating instances of copyright infringement in the literary world in order to answer that question. Hopefully, these reasons are sufficient to make you understand why copyright protection is so important.
1. Harry Potter Kolkataye
“Harry Potter Kolkataye,” a book written by an Indian author published in 2003, was sent to booksellers on College Street in Kolkata. An Indian author wrote this book in Bengali about an Indian boy named Jhontu who failed to get tickets for a Harry Potter film. Additionally, he dreamed that the author of the story was narrating the entire story to him.
Warner Bros. threatened legal action against booksellers after selling some 15,000 copies of the book. Distribution was stopped as a result.
2. The Catcher in the Rye Sequel
In 1960, J. D. Salinger filed a lawsuit for infringement against a Swedish author for publishing the book “60 Years Later: Coming through the Rye”. The Catcher in the Rye sort of followed this book. There were so many similarities between the original and the sequel that even the characters were exact replicas. According to the Court, the purpose of writing the sequel was not to critique the book, but to profit from it. As a result, “The Catcher in the Rye” sequel infringed on the original.
I wonder how easy it would be to steal from newly published or released books if people can be brave enough to steal from such famous books!
After you understand the importance of copyright protection for literary works, here are some ways you can secure copyright protection for your work.ax
How to register a literary work with a copyright
1. Filling out the application
It is possible to apply for Copyright either online or offline. The following documents are required:
- Form XIV;
- 2 copies of work;
- If anyone other than the applicant is the applicant, the No Objection Certificate (of the author) should be submitted.
- A Power of Attorney (if the application is being filed on behalf of the applicant by an Attorney or another individual)
2. Waiting Period
Once the Registry receives the application, a 30-day waiting period begins. To allow anyone with a stake in the application or work a chance to object to its registration, a waiting period is in place. After the waiting period, the application is considered.
A letter is sent to both parties involved if an objection is raised during the waiting period and they are given the opportunity to be heard. Any of the following orders can be issued by the Registrar following the hearing:
- Accept the Application, or
- Refuse the Application
If a literary work copyright application has not been objected to or has been accepted after the objection, it is open to being examined by the registry. Any discrepancies in the submitted documents are examined by the registry. Upon examination, the registrar will issue a ‘Discrepancy Letter’ to the applicant if any discrepancies are found in the application. This discrepancy must be replied to within one month of issuing the discrepancy letter.
A Hearing Notice is issued after the applicant files his reply to the Discrepancy Letter. Once the hearing is over, the registrar accepts the application if all discrepancies are resolved. On the other hand, the registrar may reject an application if the discrepancies have not been resolved, and will send the applicant a Refusal Letter.
A registry might request additional clarifications or submissions from an applicant after acceptance. Following the registrar’s assessment of the applicant’s claim, the application will be entered in the copyrights register and the Certificate of Registration will be issued.
In the end…
Your literary work will be available for use, publication, and licensing following registration. We at LegalWiz.in have the expertise needed to make the copyright protection process as easy and convenient as possible for our clients. Since our team of expert consultants has grown to over 6000 clients, we have maintained an unfiltered client satisfaction rating of 9.6/10. Our expert consultants can assist you at every step.