“Copyright” is a form of intellectual property protection granted 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.
|1.||Dramatic and musical work (i.e. Drama, Skit, Play, Movie etc.)|
|2.||Artistic work (i.e. Logo, monogram, design etc.)|
|3.||Software / Computer Programme|
|4.||Work of Architecture|
|6.||Sound Recording (i.e. A Cassette or a Record)|
|7.||Web site, Web Contents, Home Page.|
Why Copyright registration is essential?
Copyright registration of the work is highly recommended; as 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 in all courts.
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. No objection certificate or relevant transfer documents to be obtained from the employees or appointed designers.
1. Your logo, style, font, get-up, color, scheme of your brand name cannot be copied by any other business firm.
2. The registration certificate is valid for lifetime of the Proprietor of the brand name.
3. If the Copyrighted work is infringed it is a cognizable offence i.e. one can directly file a police complaint to stop the misuse of the work.
4. If the Copyright Registration is done, the complaint / civil suit can be filed at the place where the owner of the Copyright is situated.
For Example: if you are situated at Mumbai and some other person is copying your brand name at, say New Delhi. You can file a case at Mumbai. The person who has infringed your brand name will have to appear at the court at Mumbai.
5. To reproduce the work in any material form including the storing of it in any medium including electronic means.
6. To perform the work in public, or communicate it to the public.
7. To make any cinematograph film or sound recording in respect of the work.
8. To make any translation of the work.
9. In case of computer programme the rights also includes to sell or give on hire, any copy of the computer programme
All copyright work should be marked with the International Copyright symbol �, “All rights reserved” or with the word Copyright, the name of the owner and the date or year the work was created, thus: � MBS 2009. “All rights reserved
Term of Registration of Copyright:
The term of copyright varies according to the nature of work and whether the author is a natural or legal person (e.g.: Company).
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.
Courts are empowered to grant the following relief in case of infringement of copyright:
|1.||Temporary and permanent injunction (Prohibition to continue the act of infringement).|
|2.||Impounding and destruction of all infringing copies.|
|3.||Actual monetary damages plus the infringers profits.|
|4.||Statutory Costs – Court charges and reasonable attorneyss fees.|
|5.||The Court trying any offence, under 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.|
|6.||In addition to civil remedy, the Copyright Act enables the owner of a copyright to take criminal proceedings against the infringer.|
|7.||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 lakh.|
Steps for Registration of Copyright:
Procedure of Registration of Copyright (Service Industries):
1. To apply for search to ascertain, whether any work is on record which is similar to your artistic work.
2. If the search is positive, procuring the required documents for application.
3. Preparation of Power of Attorney on stamp paper.
4. Application for Registration and along with copies of the work.
5. Attending to the proceedings and obtaining Provisional Papers after necessary follow up.
1. Prior application for Trademark Registration is mandatory for Copyright Registration
2. To apply for search to ascertain, whether any work is on record which is similar to your artistic work.
3. If the search is positive, procuring the required documents for application.
4. Preparation of Power of Attorney on stamp paper.
5. Preparation of Power of Attorney on stamp paper.
Documents required for Registration of Copyright in India Patna Bihar Jharkhand:
Documents & Information required for filing the copyright application in India
1. Full Name, Address and Nationality of Applicant & that of the author
2. The year & country of first publication of the work
3. List of countries where the work has been published and the year of publication
4. The year & the country of last publication
5. Six copies of the work Power of Attorney
6. In case of labels, which can be used as trademark, firstly clear copyright search certificate has to be received from the trademark registry & only thereafter, application for copyright can be filed in the copyright office
Topic of the page: COPYRIGHT REGISTRATION IN INDIA PATNA BIHAR JHARKHAND MUZAFFARPUR RANCHI JAMSHEDPUR GAYA JAHANABAD BETTIAH CHAMPARAN DHANBAD MUMBAI DELHI KOLKATA CHENNAI
Article written and compiled by: ACS Prince Kunal