Intellectual Property Rights Services > Copyright

“Copyright” is a form of intellectual property protection granted to the creators of original works of authorship such as literary works (including computer programmes, tables and compilations), dramatic, musical and artistic works, cinematographic films and sound recordings. Copyright is the given right to do particulars Acts related Musical Work, Cinematographic Film ,Artistic, Literary, Dramatic, and Sound Recording Software. Basically, Copyrights means in which the copyrights sub-sites there the person gets the Right to Copy or reproduce the work again.

The Copyright vests in original work in whatever form it may be i.e. Literary, Artistic, etc. The registration of Copyright in India is not mandatory but useful in courts where Civil and / or Criminal Proceeding can be taken to protect it.

Shop and Establishment Act is one of the most important State Government regulations which governs the functioning of businesses engaged within its Jurisdiction. The Shop and Establishment license is a primary proof of existence of business in a specified jurisdiction.

DIFFERENT TYPES OF WORK COVERED UNDER COPYRIGHT

  • Dramatic and musical work (i.e. Drama, Skit, Play, Movie etc.)
  • Software / Computer Programme
  • Work of Architecture
  • Cinematograph Film
  • Sound Recording (i.e. A Cassette or a Record)
  • Website, Web Contents, Home Page.
  • Artistic work (i.e. Logo, monogram, design etc.)

WHY COPYRIGHT REGISTRATION IS ESSENTIAL?

Copyright registration of the work is highly recommended; as registration is helpful in an infringement suit. As per the Copyright Act, the Register of copyrights (where the details of the work are entered on registration) is prima facie evidence in all courts.

WHO OWNS COPYRIGHT IN A WORK?

In India, the author is the first owner of copyright in a work. If the work is completed in during employment then the first owner is the employee, unless there is an agreement to the contrary. Where the work including material from different owners, or for example is a translation of an original work, several owners may each have copyright in the final work. No objection or restriction certificate or relevant transfer documents to be obtained from the appointed designers or employees

RIGHTS OF A COPYRIGHT HOLDER ON REGISTRATION

  • If the Copyrighted work is contravene it is a observable offence i.e. anybody can directly file a police complaint to prevent the misuse of the work.
  • The registration certificate is valid for lifetime of the Proprietor of the brand name.
  • Your logo, style, font, get-up, color, scheme of your brand name cannot be copied by any other business firm If the Copyright Registration is done, the complaint / civil suit can be filed at the place where the owner of the Copyright is situated.

For Example: if you are situated at Mumbai and if any other person is copying brand name at, say New Delhi. A case can be filled at Mumbai by you. The person who has contravened your brand name will have to face the suit against him.

  • To reproduce the work in any material form including the storing of it in any medium including electronic means.
  • To perform the work in public, or communicate it to the public.
  • To make any cinematograph film or sound recording in respect of the work.
  • To make any translation of the work.
  • In case of computer programme the rights also includes to sell or give on hire, any copy of the computer programme

HOW TO PUBLICIZE MY CLAIM TO COPYRIGHT?

All copyright work should be marked with the International Copyright symbol ©, “All rights reserved” or with the word Copyright, the name of the owner and the date or year the work was created, thus: © BMC 2009. “All rights reserved”

WHAT IS THE TERM DURATION OF COPYRIGHT PROTECTION?

The term of copyright varies according to the nature of work and whether the author is a natural or legal person (e.g.: Company).

  • In the case of literary, dramatic, musical or artistic work (other than a photograph), when published during the lifetime of the author, copyright subsists during the lifetime of the author, plus sixty years.
  • sounds recordings; the term is sixty years from the date of publication, In the case of photographs, cinematograph films
  • When the first owner of copyright is the government or a public undertaking, the term of copyright is sixty years from the date of publication.

THE REMEDIES AVAILABLE TO THE OWNER FOR COPYRIGHT INFRINGEMENT- COURTS ARE EMPOWERED TO GRANT THE FOLLOWING RELIEF IN CASE OF INFRINGEMENT OF COPYRIGHT:

  • Statutory Costs - Court charges and reasonable attorneys’ fees.
  • The Court trying any offence, under the Copyright Act may, whether the alleged offender is convicted or not, order that all copies of the work in the possession of the alleged offender, which appear to be infringing copies be delivered up to the owner of copyright.
  • Temporary and permanent injunction (Prohibition to continue the act of infringement).
  • Impounding and destruction of all infringing copies.
  • Actual monetary damages plus the infringer’s profits
  • In addition to civil remedy, the Copyright Act enables the owner of a copyright to take criminal proceedings against the infringer.
  • The offence of infringement of copyright is punishable with imprisonment which may be extended in atleast six months to a maximum period of three years and a fine of Rs 50,000 to Rs 2 lakh.

PROCEDURE OF REGISTRATION OF COPYRIGHT

FOR SERVICE INDUSTRIES:

  • To apply for search to ascertain, whether any work is on record which is similar to your artistic work
  • If the search is positive, procuring the required documents for application
  • Preparation of Power of Attorney on stamp paper
  • Attending to the proceedings and obtaining Provisional Papers after necessary follow up
  • Application for Registration and along with copies of the work

FOR OTHER THAN SERVICE INDUSTRIES:

  • Prior application for Trademark Registration is mandatory for Copyright Registration
  • To apply for search to ascertain, whether any work is on record which is similar to your artistic work
  • If the search is positive, procuring the required documents for application
  • Preparation of Power of Attorney on stamp paper

REQUIREMENTS FOR MAKING COPYRIGHT APPLICATION

  • Full Name, Address and Nationality of applicant (s) & that of author
  • The year & country of first publication of the work
  • List of Countries where the work has been published & the year of publication
  • The year & The Country of last publication
  • Six copies of the work
  • Power of Attorney

What Rajput Jain & Associates Offers

We offer Copyright registration services which are highly renowned as a one-window-solution provider for copyright registration services in Delhi and areas adjacent to Delhi. Our services consist of copyright attroney, copyright consultancy and appealing/contesting cases against copyright infringement. Copyright registration is also provided legal protection in India under The Copyright Act, 1957 as amended till date to "original works" of authors, writers, artists, music composers, etc. Our copyright registration services provide fast and effective evidence to protect the rights of authors.

We are one of the leading service providers in India for Copyright Registration. Copyright aims at providing protection to authors, writers, music, artists and composers on their creations. Our highly skilled and experienced professionals can help you to protect your original works from being copied without permission. The "Works" covered under copyright consist of varieties of literary works (novels, poems and plays), reference works (encyclopedias and dictionaries), newspaper articles, films, TV programs, musical compositions, artistic works (paintings, drawings, photographs and sculptures), advertisements, maps, technical drawings etc. Copyright also has the capability of protecting various sorts of intellectual works like websites or computer programs. Protection is provided for an assortment of both published and unpublished works. Our copyright services may include following:

  • Copyright advice and assistance
  • Copyright Registration: a) Application, b) Filing, c) Registration
  • Copyright searches and opinions
  • Licensing copyright contracts
  • Investigate the status of registrations and the scope of protection
  • Filing copyright applications
  • Assignment, licensing and transfer
  • Infringement and validity advice.
  • Specific agreements.
  • Litigation: opposition, rectification, appeals, civil suits for infringement.
  • Anti-piracy measures.

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The information contained on this website merely provides details of our firm to persons who have shown interest in knowing more about us and is not intended to solicit work or advertise our capabilities in any manner. The information provided on this website is general in nature and should not be used as a basis of decision-making without further professional advice. The third party site links are only provided for ready reference of the users and CA Rajput Jain & Associates neither controls their content nor undertakes any responsibility regarding them.

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