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CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Meera, a freelance illustrator in Pune, draws an original cartoon character on her own and posts it online without registering it anywhere. Under the Indian Copyright Act, 1957, what is the position of her copyright?

Copyright in Meera's cartoon subsists automatically as soon as she creates the original artistic work. Registration is not required for protection under the Copyright Act, 1957; it merely serves as prima facie evidence of the particulars entered in the Register of Copyrights.

  1. ACopyright subsists automatically on creation of the original work; registration is not a precondition for protectionCorrect
  2. BCopyright arises only after the work is registered with the Registrar of Copyrights
  3. CCopyright arises only after the work is published in a newspaper
  4. DCopyright arises only if she files a patent application for the character

Explanation

In India copyright subsists automatically in an original artistic work once created. Registration only gives a prima facie record of particulars and helps in evidence. The option requiring registration is wrong because registration is not a condition for protection.

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