Copyright is another subject under Intellectual Property domain that is registered under “The Copyright Act, 1957”. Copyright comes into existence as soon as the work is created. In order to copyright a work, the expression of the concerned work must be original and must also involve skill and labour. No legal formality is required in order to attain Copyright, however, Copyright registration serves as a prima facie evidence in the court of law as it places record of the date, content and authorship of the work in the copyright office. Therefore, these records prove to be very useful in infringement proceedings. Hence, it is always advisable to register Copyright in respect of the work since Copyright Registration Certificate is accepted as a proof of ownership in a Court of law.
The following is protected under Copyright:
Our Services Include:
Our Attorneys obtain information and documents that are required for initiating Copyright Registration proceedings.
Based on the information and formality documents provided, our attorneys will prepare the copyright application.
Our attorneys will file the copyright application along with all the necessary process information details with the Copyright Registrar.
Once we file an application, government registration process will start, wherein if there is no objection within stipulated time, the application is considered formally examined and scrutinized by the Examiner, and if no discrepancy is observed, the Registration is approved and Applicant is granted the Copyright.
Following are the requirements for filing an application:
For literary, dramatic, musical and artistic works the copyright is valid for lifetime of the author plus sixty years from the following year in which the author dies. While for other works such as Anonymous and pseudonymous works, Posthumous work, Cinematograph films, Sound records, Government work, Public undertakings, International Agencies and photographs the copyright is valid until sixty years from the beginning of the following year in which the work is first published.
Yes, any individual who is an author or rights owner or assignee or legal heir can file application for copyright of a work either at the copyright office or by post or by e-filing facility from the copyright Office web-site www.copyright.gov.in
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.
No, acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright
Yes, computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ has also to be supplied along with the application for registration of copyright for software products.
A website contains several works such as literary works, artistic works (photographs etc.), sound recordings, video clips, cinematograph films and broadcastings and computer software too. Therefore, a separate application has to be filed for registration of all these works.
As per the rule 70(12) of the Copyright Rules, 2013, an opportunity of hearing must be given. However, only after hearing, the Registrar may decide whether to register or reject the work. The applicant himself or his/her pleader may appear in the hearing.
As per section 72 of the Copyright Act, 1957 any person aggrieved by the final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Intellectual Property Appellate Board (IPAB).
A copyright owner can take legal action against any person who infringes the copyright in the work. The copyright owner is entitled to remedies by way of injunctions, damages and accounts.
Yes, any person who knowingly infringes or abets the infringement of the copyright in any work commits criminal offence under Section 63 of the Copyright Act.
In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year extending to three years and with fine not less than Rs. one lakh that may extend to two lakh rupees.
Chapter XIII of the Copyright Rules, 2013, as amended, sets out the procedure for the registration of a work. Copies of the Act and Rules can be obtained from the Manager of Publications, Publication Branch, Civil Lines, Delhi or his authorized dealers on payment or download from the Copyright Office web-site .
After you file your application and receive diary number you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim. In case any objection is filed, the Registrar of Copyrights after giving an opportunity of hearing to both the parties, may decide to register the work or otherwise.
If no objection is filed the application is examined by the examiners. If any discrepancy is found the applicant is given ordinarily 45 days time to remove the same. Therefore, it may take around 2 to 3 months time for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key for speedy disposal the matter.