Copyrights

Introduction

Copyrights is a protection that covers published and unpublished literary, scientific and artistic works, whatever the form of expression, provided such works are fixed in a tangible or material form. Copyrights laws grant the creator the exclusive right to reproduce, prepare derivative works, distribute, perform and display the work publicly.

The Copyrights Act, 1957, is the law relating to Copyrights in India, to encourage creators to develop/create new work and provide appropriate protection to them for the same.

Concept

Copyrights laws give protection to the creators and their creations from un-authorized reproduction of the same. The creator is called as an “Author” of the creative work. Copyrights protection begins when any of the above-described work is actually created and fixed in a tangible form. It is a personal right given to the author of the work. However registration of a creative work in non-mandatory. Symbol for copyrights i.e. © may be used anytime before or after the registration of the creative work.

What can be registered?

Copyrights protection is available to gamut of creative activities. This means that anything which can be seen by you, heard and/or touched - may be protected. If it is an essay, if it is a play, if it is a song, if it is a funky original dance move, if it is a photograph, HTML coding or a computer graphic that can be set on paper, recorded on tape or saved to a hard drive, it may be protected.

Our Services

In addition to our expertise in providing Trademark related services, we have also been providing support to our clients in the area of Copyrights protection.

Our services have helped clients in registering and protecting their priceless creative works, thereby ensuring the following:

• Granting them an Exclusive right to use their work without fear of infringement
• Registration, which adds a sense of authentication in respect of ownership
• Encouraging them to develop/create new work
• Giving authors multiple rights of use, license or assignment.
• To get remunerated / rewarded - by licensing / assigning the work.

Procedure

The procedure for registration of copyrights is as follows:

• Application to Trade Mark Registry for search of the artistic work
• Filing of a trade mark application for the artistic work
• Stage of objections, submissions of evidences
• Obtaining an assignment letter from the artist
• Application to the Copyrights Office
• Managing objections, submissions of evidences
• Registration of copyrights.

You may contact us for any queries that you may have and we shall be glad to assist you in the same.

Flowchart and Forms

FLOWCHART SHOWING THE PROCESS OF REGISTRATION OF COPYRIGHTS RELATING TO AN ARTISTIC WORK BEING USED AS A TRADE MARK IN INDIA