Copyright Registration – Register your piece of literature, music or other cretive art
1. What is Copyright:
Copyright is a legal term that describes the right given to the authors or creators of the literary, artistic, dramatic and musical works as well as the producers of cinematograph films and sound recordings. The rights provided under Copyright include rights of reproduction, licensing, communication to public, adaptation or translation of the work. The Copyright Act, 1957 (as amended by the Copyright Amendment Act 2012) governs copyright laws in India.
While Copyright registration is not compulsory in India, it is important to copyright your work nonetheless. When copyright is obtained for a particular work, it is presumed that you are the author or creator of that work. If there is no contrary evidence to the presumption that you are the author or creator, no further evidence is necessary to prove that copyright vests in the person mentioned in the registration. In infringement suits where time is of the essence to obtain urgent orders, registration is of tremendous help.
2. Purpose of Copyright:
Copyright aims to promote the progress of the useful arts-that is knowledge and creative works-by providing an incentive for the creation by giving the creative community exclusive rights in their works for a limited period. It ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity Economic and social development of a society is depended on that knowledge and creativity, and hence, copyright law attempt to balance public interest with the rights of the individual author or creator.
3. Benefits of Copyright:
Copyright protection provide vital incentives for the creation of many intellectual works. Unlike trademarks, registration is not essential to come under the umbrella of copyright protection. The creator of the works obtains a copyright as soon as his or her work takes some form of expression in a tangible medium.
However, there are benefits to register the work under copyright laws that are as follows:
a) Public notice of your ownership: The work becomes a matter of public record, making it easy to find and verify as an existing copyrighted work. Registration serves to protect the work while also making it easier for the creator to profit from the work.
b) Legal evidence of ownership: Registration of a copyright provides the groundwork for the legal claim of infringement by proving ownership of work.
c) Ability to bring an infringement suit: If a creator believes that their copyright has been infringed, and the work is already registered, then the creator has already completed the first steps toward bringing a lawsuit for infringement. Registration acts as a prima facie evidence in court. Prima facie evidence means that if you ever went to court, proof of the copyright registration would be sufficient evidence of your ownership of the copyrighted material.
4. Duration of Copyright:
In case of literary, dramatic, musical and artistic works, the copyright is valid for the lifetime of the author plus 60 years from the beginning of the calendar year following the year in which the author dies.
In case of anonymous and pseudonymous works, posthumous work, cinematograph work, sound records, government work, photographs, public undertakings and international agencies, the copyright is valid until 60 years from the beginning of the calendar year following the year in which the work is first published.
5. List of works that can be protected by Copyright:
1. Literary works (includes computer software)
2. Musical works, including any accompanying words
3. Dramatic works, including any accompanying music
4. Pictorial, graphic and sculptural works
5. Motion pictures and other audiovisual works
6. Sound recordings
7. Architectural work
6. List of works that cannot be protected by Copyright:
1. Works that have not been fixed in a tangible form of expression (for example, improvisational speech that has not been written or recorded).
2. Works consisting entirely of information that is common property and containing no original authorship (for example, information taken from public documents or other open sources).
Filing within a week, support until registration is approved .
Service includes :
- Discussion with attorney.
- Filing of application.
- Continuous monitioring of apllication and regular updates on status.