Registration of copyright

Adv Vikramsinh Mohite (Querist) 05 March 2013 This query is : Resolved
Dear Experts,

One of my client has written film story in joint effort with his friend as client cannot write. Can the copyright be registered in the joint names of two?

Kindly advise.

Thanks

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Jatinder Singh (Expert) 05 March 2013
Much depends on whether the friend of you client has merely written (only the physical act of writing) the film story or he has participated in the creation of the work. In the first case, only your client would be the author of the work and in the second, your client and his friend can both be considered the authors.

Unlike trademarks, the registration of copyrights is not mandatory and copyrights vest automatically in the author. However, if the author(s) so wish(es), he/she can get the copyright registered.

Dr V. Nageswara Rao (Expert) 05 March 2013
1.Under S.13, Clause (2), Expalanation, copyright can be claimed by joint authors. The Copyright Act does not contain any restrictions about how much each author should contribute.It is entirely left to the authors.

2. The joint authors should fulfill conditions like Indian citizenship etc under Clause (2).

3. The work should be an original work. Registration of copyright does not absolve the liability of the authors if the work violates the copyright of some other work even if the copyright in the other work is not registered.