Copyright recognises the exclusive rights of the creator over an original work. Music, books, manuscripts, software, films, fashion designs, even brochures and training manuals all enjoy copyright protection, even without registration. Basically, the moment you create an original work, you are its exclusive owner. However, in the commercial world, the reason why artists, publishers and corporates still bother to register the copyright on their work is that it’s the only way to approach the courts in case of a dispute.
The copyright registrar primarily serves as an office of record, a place where claims to copyright are registered and documents related to copyright are recorded. The office furnishes information about the provisions of the copyright law and the procedures for making registration, to explain the operations and practices of the copyright office, and to report on facts found in its public records.
Copyright protection arises automatically the moment the author fixes the work in a tangible form (for instance when a writer writes her story) without the author having to do anything. Registering your work with the registrar of the copyright office is basically a copyright protection insurance policy. It creates a public record of the work and you can then sue anyone for copyright infringement. Furthermore, this registration is only recognised prima facie if done within five years of the creation of the work. It isn’t as if you can just postpone registration until someone actually does steal your work.
Another party will need to prove their right to the work by showing they had a pre-existing copyright claim to the work, proving that you permitted its use, that you didn’t actually create the work or that you stole the copyright from them.
Any person hearing it could by taking down the lecture or story in shorthand reduces it to material form. Similarly, music could be recorded on tape. Therefore, do the persons who first reduced the performance to a material form become the copyright owners of the lecture, story or dramatic performance or music? This is not so, as certain special rights (performer's rights) have been conferred upon any performer of his performance. The performer in this context includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, a person delivering a lecture or any other person who delivers a performance.
In case you want to copyright a video, film or an audio recording track, it is recommended that you get an NoC from all the people involved in its making. This will protect you from any objections from them at a later date. This has become imperative now after the latest Supreme Court guidelines on sound recording and cinematography copyright registration.
You can get a copyright for any unique and creative content. This could range from a design, a sketch, a painting, a song recording, a music video, a movie, a poem, a book or even a short story.
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
A copy of the work needs to be provided along with the address and identity proof of the owner is required. For a company, the name of the company along with its Certificate of Incorporation and address proof is required.
A trademark is a mark given to protect a brand name, logo or slogan. On the other hand, copyright is a protection given to unique content like a book, music, videos, songs and artistic content.
Yes, absolutely. You must immediately send a legal notice and after sending the notice, if the problem does not get resolved, you can even file a case against the other side in a court of law.
Unfortunately, there is no such mechanism. However, you should do a thorough search on the internet, using Google or your preferred search engine to check if there is similar content available already.
Typically, they will send you a legal notice claiming that you have copied their copyright. You can send a reply to this legal notice and we can help you find a lawyer who will fight your case for you.
Copyright protection is valid for a duration of 60 years. If it is 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, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60-year period is counted from the date of publication.
A copyright is valid in India. However, if you have filed a copyright in India, you can use this as evidence before any government to prove that you were using the copyrighted content first.
A copyright registration can be sold, transferred, gifted and franchised with due consent from the owner of the work.
A copyright holder has the right to copy or reproduce the creative work, the right to be credited for it, the right to determine who may adapt the work to other forms and who may benefit financially from it.
Any literary work, including a computer program and computer database, a sound or audio recording, including songs and recorded dialogues, a cinematographic film, including film, video and animated film. Artistic works, including paintings, sculptures, drawings such as a map, a photograph, architecture/ artistic craftsmanship and dramatic work. Finally, any musical work can be copyrighted.
Name, Address & Nationality of the Applicant For example: Ramesh K., NLSIU Sta Quarters, Nagarbhavi P.O. Box 7201, Bengaluru - 560024, INDIAN Nature of the Applicant’s Interest in the Copyright State whether the applicant is the author of the work or the representative of the author.
NATURE OF THE WORK
Class & Description of the Work Literary or artistic work, for example Title of the Work In case of a website, give the URL of the website Language of the Work Whether English or Hindi, or any combination of languages If Published, the Date of Publication Publication in internal magazines, like a company magazine or a research paper submitted to a professor doe
On completion of the copyright application, you will receive a diary number. Registration will take 12 months from this day. During this time, we may be asked for some clarifications on the same (if this is on account of an error of yours, it will cost a further Rs. 1500). Our representatives will inform you of the changes in the status of your application throughout.