Copyright law is a very essential pillar when we talk about the protection of the intellectual property rights of the creators and fostering innovation. However, the major issue in front of the creators arises when the question arises: is the copyright registered in one country valid in another country as well? Especially for the creators who wish to protect their rights internationally. In the minds of Indian authors, creators, and artists, the question arises: Is Indian copyright valid in the USA?
This article basically explores the element of international copyright law and will provide a detailed understanding of whether Indian copyright protections extend to the United States of America.
Understanding of Copyright Law
Copyright law is a legal framework which gives the creator of an original work exclusive rights to reproduce, perform and display their work. These rights are protected based on territory or jurisdiction, which simply means that they are enforceable only within the jurisdiction of a country where the copyright is registered or recognised. However, several international treaties and agreements have established frameworks to protect copyright across borders.
International Conventions on Copyright
The major frameworks enabling international copyright protection include:
1. Berne convention on the protection of literary and artistic works (1886):
- India and the United States of America are signatories to the Berne Convention.
- The Berne Convention establishes the principle of “automatic protection,” which ensures that work that originated in one member country will be protected in all other member countries as well. For that, it does not need any registration.
- This convention also mandates the principle of “national treatment.” This means that workers from a foreign country receive the same protection as work created domestically.
2. Universal Copyright Convention (UCC):
Both India and the USA are parties to the Universal Copyright Convention, which is another alternative framework for countries that are not part of one convention, which also provides cross-border copyright protection of the creator’s works.
3. World Trade Organisation (WTO) and the TRIPS Agreement:
The agreement related to trade aspects of intellectual property rights requires member states to obey the minimum standards of copyright protection, which also includes the provision of one convention.
Practical Implications for Indian Creators in the USA
Though the Berne Convention establishes a fundamental framework for copyright protection, there are some practical considerations for Indian creators who want to enforce their rights in the USA.
1. Automatic Protection vs. Registration
However, the work of Indian creators is automatically protected under USA law due to the framework of one convention. Registration of the work in the US copyright office has various significant advantages, for example:
- Copyright registration grants a legal presumption of ownership and validity of the creator’s work.
- In the USA, it is essential for a copyright to be registered so that an owner can file a lawsuit for an infringement of any of his rights.
- Copyright holders can claim legal damages and attorney’s fees if he has a copyright registration.
2. Duration of copyright
The duration of copyright protection may vary as per the country’s rules and regulations. If we talk about Indian law, then it generally lasts for the lifetime of the creators and 60 years in addition to that after their death, whereas in the USA, the term is the life of creators and 70 years in addition to that. While enforcing copyright laws in the US, the duration of the protection of US laws will follow.
3. Moral Rights
In Indian law, strong protection has been given to moral rights such as the right to attribution and integrity. However, under USA law, there is limited and strict recognition of moral rights, except in a few cases, such as visual art under the Visual Artists Rights Act (VARA).
Enforcement of Indian Copyright in the USA
To enforce an Indian copyright in the USA, certain steps should be kept in mind:
- Creations must have enough evidence to establish their ownership, that they own the copyright of the work. They may prove this with the help of documents regarding creation, publication, or registration in India.
- In case of infringement of their copyright protection, they need to demonstrate the originality of their work, which is qualified for protection, and the infringer has some kind of access to the work.
- As we discussed above, as per the Berne convention, it’s not mandatory to register the work for copyright protection, but for the enforcement of legal remedy in the USA, it’s required to register the work within the US copyright office.
- After proving the infringement, remedies can be claimed, which include an injunction to use or distribute work and also the remedy of monetary damages.
Some Challenges and Considerations
- There are various cultural and legal differences between both countries. For instance, both have different interpretations and applications of concepts like moral rights, fair use and public domain.
- There is difference of litigation cost in the foreign countries, in USA, Indian creators have to pay high cost of litigation for getting benefits of remedies.
- With the rise of the internet, it gets very easy to infringe the work digitally across borders. Indian creators need to consider digital approaches like the Digital Millennium Copyright Act (DMCA) to address online copyright violations in the USA.
Conclusion
Indian copyright is valid in the USA due to international conventions like the Berne Convention, but Indian creators need to understand the practical implications and limitations of this copyright protection. Indian creators need to make some essential moves for the strong protection of their rights, such as registering their work in the USA, consulting legal experts, getting some basic awareness and educating themselves regarding provision of foreign countries to effectively protect and enforce their intellectual property rights at a global level.
The observation of Indian and USA copyright laws highlighted the importance of international cooperation and awareness in safeguarding creative endeavours across borders.
