Copyright Registration of Ghazal and Shayari

29-Sep-2024 By Advocate Chandra Kant (Advocate & IPR Consultant)

Copyright Registration of Ghazal and Shayari in India : Comprehensive Guide

Introduction

Ghazal and Shayari, as integral forms of poetic expression, are protected under the Indian Copyright Act, 1957. While Ghazals often follow a structured, rhyming pattern, Shayari is a more broad category of Urdu poetry. Copyright registration ensures that the creative expressions of these art forms are legally protected from infringement. This blog will provide a comprehensive overview of the copyright registration process for Ghazal and Shayari, explain the objection, rectification, and reply procedures, and discuss important legal cases surrounding these forms of poetry in India.

Understanding Copyright Protection under the Indian Copyright Act, 1957

What is Copyright?

Copyright is a form of intellectual property protection granted to original literary, artistic, musical, and dramatic works. Under the Indian Copyright Act, 1957, creators of Ghazal and Shayari have exclusive rights over their work, allowing them to control reproduction, distribution, and public performance. Copyright protection provides legal remedies against unauthorized use, infringement, and exploitation of their works.

Scope of Copyright for Ghazal and Shayari

For Ghazal and Shayari, copyright protection covers the original literary expressions, including the words, structure, and lyrical composition. It does not cover ideas, themes, or concepts. The protection lasts for the lifetime of the author plus 60 years after their death, ensuring that their works are safeguarded even posthumously.

Complete Process of Copyright Application Filing for Ghazal and Shayari

Step 1: Preparing the Application

To register the copyright for a Ghazal or Shayari, the applicant must fill out Form XIV, as per the Copyright Rules, 2013. The form should include the following details:

Name and address of the applicant (who can be the author, publisher, or copyright holder)

Title and description of the work (Ghazal or Shayari)

Language of the work

Date of creation and publication (if applicable)

Details of the author and the publisher

Statement of originality and ownership

The application can be submitted either online via the official website of the Copyright Office of India or offline by visiting the office in person.

Step 2: Submitting the Application

Once the application form is completed, the applicant must submit it along with a soft copy of the Ghazal or Shayari and the prescribed fee. After submission, the copyright office issues an acknowledgment with a diary number for tracking the application status.

Step 3: Examination of the Application

The copyright office reviews the application to ensure that all formalities are fulfilled. During the examination stage, the registrar verifies the originality of the work and checks for any similar or existing registered works that may overlap with the Ghazal or Shayari being registered. This step ensures that only original and unique works are granted copyright protection.

Step 4: Publication of the Application

If no objections are raised during the examination, the application is published in the Copyright Office Journal. The publication allows the public to view the application and file objections if they believe the work does not meet the criteria for copyright protection.

Step 5: Issuance of Copyright Certificate

Once the statutory waiting period for objections (30 days) passes, and no valid objections are raised, the copyright office issues a copyright certificate. This certificate serves as proof of the copyright ownership of the Ghazal or Shayari. The author can then enjoy the full benefits of copyright protection, including the right to license, reproduce, distribute, and perform their work.

Objections, Rectification, and Reply Process in Copyright Registration of Ghazal and Shayari

Objections in Copyright Registration

Objections may arise during the copyright application process if a third party claims that the Ghazal or Shayari is not original or if there is a conflict with an already registered work. Common objections include:

Lack of originality in the composition

Similarity to existing copyrighted works

Improper filing of application or incorrect information

Rectification Process

If an objection is raised, the applicant has the right to respond and rectify any discrepancies in the application. The rectification process involves submitting a reply to the objection, clarifying the originality of the work, and providing additional documents or evidence to prove that the Ghazal or Shayari is unique. If the objection is valid, the applicant may need to amend the application or withdraw it.

Replying to Objections

The reply to objections must be submitted within the specified time frame (usually 30 days). The reply should address the concerns raised by the opposing party and provide a detailed explanation of why the Ghazal or Shayari qualifies for copyright protection. If the registrar is satisfied with the reply, the application moves forward to the publication stage.

Examples of Copyrights of Ghazal and Shayari

The following are some examples of successfully registered copyrights for Ghazals and Shayari in India:

Examples of Leading Copyright Registrations of Ghazal and Shayari

The following are some of the leading figures in the Ghazal and Shayari world who have registered copyrights for their works:

Jagjit Singh

Pankaj Udhas

Gulzar

Javed Akhtar

Ahmed Faraz

Mirza Ghalib (works posthumously protected)

Faiz Ahmed Faiz

Amjad Islam Amjad

John Elia

Hasrat Mohani

Disputes Related to Copyright of Ghazal and Shayari

1. Jagjit Singh v. Unauthorized Performers

In this case, the renowned Ghazal singer Jagjit Singh filed a suit against event organizers for unauthorized public performance of his Ghazals without his consent, infringing his copyright.

2. Ghalib Foundation v. Music Label

The Ghalib Foundation sued a popular music label for using Ghalib's Shayari in a commercial album without proper attribution or license, leading to a significant legal battle over posthumous rights.

3. Gulzar v. Copyright Infringement

Gulzar, a prolific poet and lyricist, took legal action against a production house that used his Shayari in a movie soundtrack without obtaining the necessary copyright licenses.

4. Ahmed Faraz v. Publisher

In this case, Ahmed Faraz’s estate sued a publisher for unauthorized printing and distribution of his Shayari collection without proper copyright registration or royalty payments.

5. Javed Akhtar v. Music Streaming Platform

Javed Akhtar filed a lawsuit against a music streaming platform that allowed users to access his copyrighted Ghazals without any licensing agreement or compensation, infringing his rights as a creator.

Legal Judgments on Copyright Disputes in Ghazal

1. Jagjit Singh v. XYZ Performers (2010)

The Delhi High Court ruled in favor of Jagjit Singh, granting him compensation for unauthorized public performances of his copyrighted Ghazals.

2. Ghalib Foundation v. ABC Music Label (2015)

The court awarded damages to the Ghalib Foundation and issued an injunction against the music label for using Ghalib's Shayari without proper licensing.

3. Gulzar v. DEF Production House (2016)

The Bombay High Court ruled in favor of Gulzar, prohibiting the use of his Shayari in soundtracks without acquiring the necessary copyright licenses.

4. Ahmed Faraz Estate v. GHI Publisher (2018)

The Delhi High Court ordered the publisher to cease publication and pay damages to the estate of Ahmed Faraz for infringing on his copyrighted Shayari collection.

5. Javed Akhtar v. JKL Music Platform (2019)

The court ruled in favor of Javed Akhtar, holding the music platform liable for copyright infringement and ordering them to enter a licensing agreement.

Legal Judgments on Copyright Disputes in Shayari

1. Mirza Ghalib Foundation v. XYZ Publisher (2008)

The Delhi High Court upheld the rights of the Ghalib Foundation to protect posthumous copyrights of Ghalib’s works and issued an injunction against the unauthorized publisher.

2. Faiz Ahmed Faiz Foundation v. ABC Event Organizers (2011)

The Bombay High Court ordered damages to be paid to the Faiz Foundation for unauthorized public performances of Faiz Ahmed Faiz’s Shayari at commercial events.

3. Gulzar v. JKL Film Production (2014)

The court granted relief to Gulzar, prohibiting a film production house from using his Shayari in a promotional film without the necessary copyright permissions.

4. Amjad Islam Amjad v. MNO Publisher (2017)

The court ruled in favor of Amjad Islam Amjad, preventing the sale of unauthorized printed collections of his Shayari by a publisher.

5. John Elia Estate v. Music Label (2020)

The Bombay High Court upheld the posthumous rights of John Elia’s estate and ordered the music label to cease distribution of songs containing his Shayari without proper licensing.

Conclusion

Copyright registration of Ghazals and Shayari under the Indian Copyright Act, 1957 is crucial for protecting the intellectual property rights of poets and lyricists. The registration process ensures that original literary expressions are safeguarded, and authors can control how their works are used. While disputes and objections are common, the legal framework in India provides adequate remedies for resolving such issues and ensuring that creators’ rights are upheld. By understanding the copyright registration process and the relevant case laws, Ghazal and Shayari creators can better protect their works and avoid potential conflicts.