Intellectual Property Rights Services > Copyright
It is a form of protection provided by the law to the creators of “original works". It imposes restrictions for it to be copied after a certain period of time as defined by the law. It may include anything from cinematography to an artistic piece of writing. Basically, Copyrights means in which the copyrights sub-sites there the person gets the Right to Copy or reproduce the work again.
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 accounts to the one of the most imperative State Government regulations which governs the business functioning lying within its jurisdiction. Its license is the proof of business existence in a particular jurisdiction.
Different Types of Work Covered Under Copyright
- Software/ Computer Program
- Musical and dramatic work
- Cinematograph film
- Architecture Work
- Sound Recording (Record or Cassette)
- Artistic work (i.e. Logo, monogram, design etc.)
- Website, Web Contents, Home Page
Why Copyright Registration is Necessary?
Copyright registration is essential in infringement suit and thus it is highly recommended. According to Copyright Act, the Register of copyrights is primary evidence in the courts.
Who Owns the Copyright?
In India the creator or the author is legally the first owner of the work. If the work is completed during the employment phase then the owner is employee unless presented with an agreement. In case the work includes material from different sources each will share copyright in the final work. One just need to obtain NOC from appointed employees.
RIGHTS OF A COPYRIGHT HOLDER ON REGISTRATION
- If the Copyrighted work is contravened it is an observable offence i.e. anybody can directly file a police complaint to prevent the misuse of the work.
- The registration certificate of the brand name or Proprietor is valid for lifetime.
- Your logo, font, style, get-up, scheme of your brand name, color cannot be copied by any other business firm. Once the Copyright Registration is done, the complaint can be filed at the place of Copyright’s owner. 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.
- Production of material in any form and its storage in any medium which can also include electronic means
- To communicate and perform the work in public’s eye
- To make any sound recording or any cinematography film with respect to the work
- Translation of the work
- In computer program case, the rights include sell or give on rent any copy of the computer program
WAYS TO PUBLICIZE CLAIM TO COPYRIGHT
The copyright work should be marked with International Copyright symbol ©, “All Rights Reserved” or with the name of the owner, date and year the work made its existence.
WHAT IS THE DURATION TERM OF COPYRIGHT PROTECTION?
The copyright term varies in accordance with the work’s nature and whether the author is a legal person.
- In case of dramatic, musical or literary work produced during the author’s lifetime. The tenure of copyright subsists till the author’s lifetime in addition to 60 years.
- sounds recordings; the term is sixty years from the date of publication, In the case of photographs, cinematograph films
- If the first owner of the work is a pubic undertaking or the government, the term is declared at 60 years from the manufacturing date.
THE AVAILABLE REMEDIES TO THE OWNER FOR COPYRIGHT INFRINGEMENT- THE COURT CAN GRANT RELIEF IN THE FOLLOWING CASES OF COPYRIGHT INFRINGEMENT:
- Statutory Costs - Court charges and reasonable attorneys’ fees.
- Any offence under the Copyright act is subjected to deliverance of all the copies of the work in the possession of the alleged offender to the owner of copyright whether he is convicted or not.
- Permanent a (Prohibition to continue the act of infringement) and Temporary Injunctions
- Destruction of all infringing copies
- Monetary damages in addition to infringer’s profits
- The Copyright Act grants the privilege to the copyright’s owner to undertake criminal proceedings against the infringer in addition to civil remedy
- The offence of infringement of copyright is punishable with imprisonment which may be extended in at least six months to a maximum period of three years and a fine of Rs 50,000 to Rs 2 lakh.
PROCEDURE OF COPYRIGHT REGISTRATION
FOR SERVICE INDUSTRIES:
- To apply for search for ensuring if there is any work similar to your masterpiece
- If you find so, procuring the documents is necessary for application
- Power of Attorney Preparation on stamp paper
- Obtaining the provisional documents and attending the proceedings for follow up
- Application for Registration along with xerox of work
FOR OTHER THAN SERVICE INDUSTRIES:
- For Copyright Registration, prior application for Trademark Registration is necessary
- To apply for search for ensuring if there is any work similar to yours
- If the results are positive then procuring the documents is necessary for application
- Power of Attorney Preparation on stamp paper
PROCEDURES FOR PREPARATION OF COPYRIGHT APPLICATION
- Full Name of the author and the applicant, address and Nationality
- Power of Attorney
- The country and year of the first publication
- The country and the year of last publication
- 6 copies of work
- List of the countries in which the work has been published
What Rajput Jain & Associates Offers
Our Copyright Registration services are highly renowned as a perfect solution for all issues regarding copyright registration. Our services consist of copyright consultancy, copyright attorney, and contesting cases against copyright infringement. Copyright Registration’s rights are secured under Copyright Act, 1957 in India. It lays light on the protection of the rights of the authors or creators of the work. Our copyright registration services analyses the situation and provide effective evidence for protecting the author’s rights.
The aim of the copyright is to provide patent or security to the writers, music, artists, authors and composers on their works. We through our efficient and stringent system protect your work from getting copied without your assent. The Copyright covers huge arena from reference works, literary works, artistic works (paintings, drawings, photographs and sculptures), advertisements, maps, technical drawings etc., musical composition. Intellectual works like websites and computer programs also find mention under Copyright registration. Protection is provided for an assortment of both published and unpublished works. Our copyright services may include following:
- Copyright assistance and advice
- Copyright opinions and searches
- Copyright Registration: Application, Filing, Registration
- Investigating the registration status and protection scope
- Licensing copyright contracts
- Assignment, licensing and transfer
- Specific agreements.
- Anti-piracy measures
- Infringement and validity advice.
- Litigation: civil suits for infringement, opposition, rectification, appeals
- Anti-piracy measures
- Filing copyright applications
