Copyright Registration Services

Copyright Registration

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What is copyright?

Copyright is a form of intellectual property protection granted under the Indian Copyright Act 1957 to the creators of original works of authorship such as literary works (including computer programmes, tables and compilations), dramatic, musical and artistic works, cinematographic films and sound recordings.

What types of work attract Copyright?

The main branches of copyright are literary works (including computer programmes), dramatic works, musical works, artistic works, Cinematographic works and sound recording.

Who owns Copyright in a work?

In India, the First owner of copyright in a work is the author. If the work is done in course of employment then employee is the First owner unless there is an agreement to the contrary. Where the work includes material from different owners, or for example is a translation of an original work, several owners may each have copyright in the final work.

Can a claim to Copyright be registered?

In India, a claim to copyright can be registered with filing an application to the registrar of copyright along with prescribed fees.

What is the term of copyright protection?

The term of copyright varies according to the nature of work and whether the author is a natural or legal person. In the case of literary, dramatic, musical or artistic work (other than a photograph), when published during the lifetime of the author , copyright subsists during the lifetime of the author, plus sixty years. In the case of photographs, cinematograph films and sounds recordings; the term is sixty years from the date of publication. When the First owner of copyright is the government or a public undertaking, the term of copyright is sixty years from the date of publication.

Is transfer of copyright possible?

The owner of the copyright in an existing work or prospective owner of the copyright in a future work may assign to any person the copyright, either wholly or partially in the following manner:- for the entire world or for a specific country or territory; or for the full term of copyright or part thereof; or relating to all the rights comprising the copyright or only a part of such rights.

What is the mode of assignment of copyright?

Assignment of copyright is not valid till it is in writing, signed by the assignee or by his authorized agent. The assignment should identify the work and specify the rights assigned, the duration and territorial extent of the assignment. The assignment deed must also specify the royalty payable, if any. There is no mandatory provision to register a deed of assignment of copyright. However, these details need to be recorded while registering copyright at serial 11 of Statement of Particulars.

Can a license under Copyright be given?

Copyright licenses can be given which authorize another to copy the work in question, usually in return for a royalty fee.

What constitutes infringement of copyright?

Copyright in work is considered to be infringed in the following circumstances- A. When any person without a license granted by the owner of the copyright or the Registrar of Copyrights or in contravention of the conditions of a license so granted or of any conditions imposed by a competent authority under Copyright Act - - does anything, the exclusive right to do which is, by Copyright Act, conferred upon the owner of copyright, or - permits for profit any place to be used for the communication of the work to public where such communication constitutes an infringement of the copyright in the work. B. When any person - - makes for sale or hire, or sells or lets for hire, or by way of trade displays or - offers for sale or hire, or distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or - by way of trade exhibits in public, any infringing copies of the work. It is not necessary that the alleged infringement should be an exact or verbatim copy of the original but its resemblance with the original in a large measure is sufficient to indicate that it is a copy.

How do I stop infringement of my Copyright?

Unlike some other intellectual property rights, copyright is merely a right to prevent unauthorized copying of an original work. The burden of proof in litigation is on the copyright owner to show that copyright exists in the work in question and that the alleged infringer (directly or indirectly) copied the work. If this chain of copying cannot be shown or does not exist, then there is no infringement. If there has been copyright infringement, then court action may be necessary to stop it continuing, and you may be able to claim financial compensation for any acts of infringement.

What remedies exist for copyright infringement?

Courts are empowered to grant the following relief in case of infringement of copyright: - Temporary and permanent injunctions - Impounding and destruction of all infringing copies - Actual monetary damages plus the infringer’s profits - Statutory damages - Court costs and reasonable attorneys’ fees. The Court trying any offence, under Section 66 of the Copyright Act may, whether the alleged offender is convicted or not, order that all copies of the work in the possession of the alleged offender, which appear to be infringing copies be delivered up to the owner of copyright. In addition to civil remedy, the Copyright Act enables the owner of a copyright to take criminal proceedings against the infringer. Knowledge/mensrea of the infringer to commit the infringement should necessarily be proved for this purpose. The offence of infringement of copyright is punishable with imprisonment which may extend from a minimum period of six months to a maximum period of three years and a fine of Rs 50,000 to Rs 2 lakhs.

What is the procedure for the registration of a work with the Copyright Office?

An application for registration of copyright should be filed using Form No. 4, Application for Registration of copyright, Statement of Particulars and Statement of Further Particulars. The application should be made in triplicate and accompanied by the prescribed fee. A copy of the application should also be sent to any other persons who have an interest in the copyright of the work. For instance, if a person who is not the author of the work makes the application, a copy of the application should be sent to the author. If the Registrar receives no objections to the application, he will, if satisfied with the correctness of the particulars, register the work and enter the particulars in the Register of Copyrights. In case the Registrar receives any objections or is not satisfied with the correctness, he can conduct such enquiry as he deems fit and thereafter enter such particulars, as he consider proper in the Register.

What are the powers of copyright law enforcement authorities?

For effective implementation of Copyright Act, the response of enforcement authorities to cases of infringement needs to be swift. Under Section 64 of the Copyright Act, 1957, any police officer, not below the rank of a sub - inspector, may if he is satisfied that an offence in respect of copyright in any work has been, is being, or is likely to be committed, seize without warrant, all copies of the work, and all plates used for the purpose of making infringing copies of the work, wherever found and produce them before a magistrate as soon as practicable.

Is it compulsory for a work to be published to receive copyright protection? Would I have to register my

Work with Copyright Office to get copyright protection?

Copyright applies to both published and unpublished works. Further, it is not necessary under the Indian Copyright Act to register with the Copyright Office to get copyright protection. Registration of the work is however a highly recommended because such registration is helpful in an infringement suit. As per the Copyright Act, the Register of copyrights (where the details of the work are entered on registration) is prima facie evidence of the particulars entered therein. The documents purporting to be copies of any entries therein, or extracts from the Register which are certified by the Registrar of copyrights and sealed with the seal of the Copyright Office, are admissible as evidence in all courts without proof or production of the original.

Copy Right Dramatic work,Literary work Including Govt Fees & Other Charges:- Rs. 5500/-
Copy Right Artistic work Including Govt Fees & Other Charges:- Rs. 8500/-


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