Copyright Filing In India
Copyright
In the words of the governing Act i.e. The Copyrights Act, 1957, a copyrights means the exclusive right subject to the provisions of this Act, to do or authorize the doing of any of the following acts in respect of a work or any substantial part thereof, namely literary, dramatic or musical work, computer programme, artistic work, cinematograph film, sound recording, work of architecture etc. It is a legal term describing rights given to creators for their literary and artistic works.
Objects
Copyright and its related rights are essential to human creativity, by giving creators incentives in the form of recognition and fair economic rewards. Under this system of rights, creators are assured that their works can be disseminated without fear of unauthorized copying or piracy. This in turn helps increase access to and enhances the enjoyment of culture, knowledge, and entertainment all over the world.
Works In Which Copyright Subsists
Subject to the provisions of the Act, copyright shall subsist throughout India in the following classes of works viz., original literary, dramatic, musical and artistic works; cinematograph films; and sound recording. However in the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India. Further in the case of an unpublished work other than work architecture, the author is at the date of the making of the work a citizen of India or domiciled in India; and in the case of work of architecture, the work is located in India. The Act further states that Copyright shall not subsist in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work; in any sound recording made in respect of a literary, dramatic or musical work, if in making the sound recording, copyright in such work has been infringed. To further clarify, the copyright in a cinematograph film or a record shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or, as the case may be, the sound recording is made; and in the case of work of architecture, copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction.
Rights Of The Owner
The original creators of works protected by copyright, and their heirs, have certain basic rights. They hold the exclusive right to use or authorize others to use the work on agreed terms. The creator of a work can prohibit or authorize its reproduction, its public performance, as in a play or musical work; its recording, broadcasting and its translation.
Term Of Copyright
In India, copyright usually subsists for a period of sixty years.
Remedies
Where copyright in any work has been infringed, the owner of the copyright shall be entitled to all such remedies by way of injunction, damages and accounts. This is however subject to the fact that the defendant at the date of the infringement was not aware and had no reasonable ground for believing that copyright subsisted in the work. If this be the case then the plaintiff shall not be entitled to any remedy other than an injunction in respect of the infringement and a decree for the whole or part of the profits made by the defendant by the sale of the infringing copies as the Court may in the circumstances deem reasonable.
Information/Documents Required For Copyright Application
| (i) Date of Dispatch (ii) Name and Address and Nationality (iii) Nature of Applicant interest in the copyright of the work (iv) Class and description of work (v) Title of the work (vi) Language of the work (vii) Name, address and nationality of the author(s) and if the author is deceased, the date of his decease. (viii) Whether work is published or unpublished (ix) Year and country of first publication and name, address and nationality of the publisher (x) Year and countries of subsequent publication and name, address and nationality of the publisher |
Enforcement Of Intellectual Property
The cutting edge of the firm also includes the enforcement team, which boasts of a considerable experience in al kinds of intellectual property enforcement in a broads spectrum consisting of diversified products and services. Vast experience coupled with understanding of counterfeiting in various industries be it FMCG, pharmaceuticals, entertainment, software, hardware etc. is perhaps what makes the firm's enforcement services unique. Members of the enforcement team in addition to of having an in-depth knowledge of the functioning of enforcement agencies such as CBI, Police Forces of States, have built a good rapport with such agencies. Enforcement team has the capability and experience of successfully conducting simultaneous multiple actions pertaining to infringement of intellectual rights in different reasons of the country. The firm through its enforcement team offers its clients an answer to the problems of piracy/infringement by way of liaisons and coordination with leading private as well as state controlled investigation houses
Copyright Notice
Deed of Assignment
Power of Attorney
Original Work ( 4 Copies)
