Copyrights can be given to any sound recordings, work of music, and artistic works including cinematograph films and sound recordings.
Copyright is a form of legal protection for properties created by original thought like trademark and patentsin the nature of its legal right to use, distribute or sell all types of creative arts likea music track , a piece of literature , etc. developed originally by anyone including individuals, corporate, etc.Original works of authorship such as literary works (including computer programs, tables and compilations), dramatic, musical and artistic works, cinematographic films and sound recordings. The right to reproduce, adapt, translate & communicate to the public also rests with the copyright holder.
In India, Copyrights are registered under The Copyright Act, 1957. The Copyright Act, 1957 does not consider ideas, mathematical concepts, or procedures. It means that ideas can’t be copyrighted; only expressions can be allotted copyright protection. Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. A bundle of rights inter alia, rights of reproduction, communication to the public, adaptation and translation of the work together compose a copyright. There could be slight variations in the composition of the rights depending on the work.
PROCEDURE FOR THE GRANT OF COPYRIGHT REGISTRATION IN INDIA
Copyright RegistrationApplication Preparation & Filing
- Trademark registration takes 5-7 days.
- Copyright application is prepared by the copyright expert within 2-3 working days.
- The prepared application will be filed electronically or manually by us,duly signed by you.
Copyright Registration approval
- The government starts processing the application by examining it & also takes care of objections, if any.
- Copyright registration takes anywhere between 2 - 3 months.
Documents Required For Copyright
- Name, nationality&address of the author of the work.
- Name, address and nationality of the applicant.
- Applicant’s interest in the copyright i.e. Owner / Licensee etc.
- Title of the work.
- In case the applicant is a different person, a declaration from the author.
- Work’s language.
- A declaration, whether the work is published or unpublished.
- If the work is published, country & year of first publication along with nationality, name & address of the publisher.
- Year and countries of subsequent publications, if any.
- Name, address and nationality of any other person authorized to assign or license the rights in the copyright.
- Firm’s Special Power of attorney.
- Six hard copies of the work and three soft copies (For computer programs – 3 copies of the program on CD ROMs.).
What can be covered under a Copyright?
- Under the Indian copyright law four kinds of work can be protected
- Original Literary Work
- Original Drametic Work
- Original Musical Work
- Original Artistic work
- Example are as under :
- Literary work (i.e. books, articles, notes, texts, etc.)
- Cinematographic film and photographs.
- Computer program&software.
- Architectural works.
- Sound recording (i.e. song, record, cassette, CD, etc.)
- Artistic work (i.e. Logo, design, etc.).
- Web content, websites, blogs, etc.
- Artistic work (i.e. Logo, design, etc.).
- Dramatic and musical work (i.e. skit, play, movie, etc.).
The registration of copyright is recommended as it helps in protection against infringement; the process of registration is outlined in a separate tab above. We are specialist in the copyright registration and we adopt a transparent method of pricing which is fixed and certain and same to all our customers. We do not have any discount policy. We have helped many companies of all size and sector.
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FREQUENTLY ASKED QUESTIONS (FAQ)
As soon as a work is created, copyright comes into existence. However, in case there is a dispute with respect to the ownership of a work, then copyright registration would be helpful as it serves as prima facie evidence in the court of law with reference to copyright disputes.
Ideas, procedures, methods of operation or mathematical concepts cannot be copyrighted. Only expressions are protected under copyrights.
The rights of reproduction, communication o the public, and adaptation and translation of the work are provided by a copyright to the owner of the associated work. Copyright ensures there are safeguards for the rights of authors over their creations.
Any person claiming to be the owner of the work to be copyrighted can apply for copyright registration. The person can be an individual, company, NGO, etc.,
The owner of the copyrighted work has the right to sell, transfer the copyright registration to any other person without any restrictions.
Filing the Copyright registration application takes only a matter of days. However, the Copyright registrar takes 2 to 6 months to complete their formalities and provide Copyright Registration for the work.
Copyright protection typically lasts for 60 years. In case of original literary, dramatic, musical and artistic works, the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, post-obit publications, nameless and fictitious publications, works of government and works of international organizations, the 60-year period is counted from the date of publication.
Under section 63 of the Copyright Act, any person who knowingly makes unauthorized use of the work which has been copyrighted commits criminal offence. The minimum punishment for infringement of copyright is imprisonment for six months as well as minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.