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Copyright

Our Certification Services ensures right solution with doorstep facility. We are working as the consulting firm in Delhi/ NCR  to handle the legal work related to copyright registration from filing an application till the approval. As a legal representative of the company, we are offering a wide range of services like copyright attorney, registration, consultancy, hearing cases against copyright infringement etc. Bring any article, story, drama, poems, any creative, photographs, web contents, sound recordings, IT related Programming, can be taken under the ownership so as to avoid others using the same work done by us. Acquiring legal authentication prohibits others from copying the performance of any artists, dramatics, writers, composers, authors, painters, cinematographers and so on.

As per the law of copyright, any published or unpublished article or literary work is liable to get copyrighted though the work done should be original and should not be copied or similar to others. Here we are describing the important  aspects of copyright and its registration formalities.

What is Copyright?
Copyright is an authentication or intellectual property rights given to an applicant through which no one can use original works (like write ups, dramatic, musical, artistic, cinematography, recordings, computer programming etc,) of the creator without his permission. Although slight variations on the rights can be found depending upon the work performed. Being a legal right governed by the law, copyright refers other rights like communication, translation, adaptation and reproduction of the work.

Apart from these rights, an author or creator can enjoy the other moral rights like:

  • He may claim authorship for published or exhibited work under the right of paternity
  • He may decide where to publish and where not under the right of publication
  • He may take necessary preventive actions in case of image or reputation loss under the right of integrity.

What is Copyright?
Copyright is an authentication or intellectual property rights given to an applicant through which no one can use original works (like write ups, dramatic, musical, artistic, cinematography, recordings, computer programming etc,) of the creator without his permission. Although slight variations on the rights can be found depending upon the work performed. Being a legal right governed by the law, copyright refers other rights like communication, translation, adaptation and reproduction of the work.

Apart from these rights, an author or creator can enjoy the other moral rights like:

  • He may claim authorship for published or exhibited work under the right of paternity
  • He may decide where to publish and where not under the right of publication
  • He may take necessary preventive actions in case of image or reputation loss under the right of integrity.

Why should we apply for copyright registration services?
Copyrights registration is not mandatory yet it ensures safeguards of the rights of the creators being an infringement. This is an assurance that no other one can misuse or reuse the copyrighted efforts of writer or creator in any form. Copyrighting anything will help to protect the social and economic development which relies on the creativity. It helps to get a kind of monopoly which motivates an artist or a creator to produce more.

What can be copyrighted?
Under the Indian law, original work, literary, art, performance, songs, music, lyrics, article, diagram, drama or movie scripts, and any type of creative are eligible to be protected if they are published in India or published or unpublished anywhere by the citizen of India. Indian law has a right to copyright the international work as well.

What means an original work to be copyrighted?
According to the Supreme Court of India – the word original doesn’t comply the work to be an expression of original or inventive thought. An original work is said to be original if it is not copied from another work – completely originated from the author only. Originality relies on the extent of capability, skills, judgment, labor being held by the creator or owner in making any type of creation. But it should be noted-  only expressions are copyrighted, not the ideas. For example, if you have contents on your website, this can not be copied by the competitor though he can use the idea in his business activity.

How to register a copyright?
Copyright is registered under the copyright act, 1957 for the original work being carried out by the creator. This act has been implemented five times till date (1983, 1984, 1992, 1994, 1999, 2012) to safeguards the projects of various industries. Once registered, copyright lasts for 60 years though the starting period may vary according to publication dates or nature of work.

The applicant or his legal representative may file an online application through the website of copyright office at www.copyright.gov.in, or can be sent in the form of a hard copy of prescribed format through speed post or registered post.

Is copyright assignable?
The owner of the copyright may assign the copyright to another person partially or wholly or with some limitations. If anyone knowingly tries to infringe the copyrights work, it will be treated as the criminal offense under section 63 of the copyright act. In the case of first infringement, the criminal may be imprisoned for 6 months with a penalty of Rs. 50,000/-. If it continues by the criminal, he may be held liable for the fine of Rs. one lake with a minimum imprisonment of one year.

Who can apply for the copyright registration?
Any author, creator, musician, photographer, producer, painter, composer, or a company may safeguards their creatives with using this legal power.

Documents required filing application for registration of copyrights?
Though it is not obligatory to copyright the performance done by the owner, yet he may safeguard his efforts for future by filing an application for copyright registration. To file an application for registration of copyright, an applicant must attach:

  • Four copies of the artwork
  • Applicants details of name, address and nationality proof
  • Nature of interest of the work of the applicants
  • Work title
  • Authors details and death certificate in case of the death of the author
  • First Publication date, place, publishers name, etc.
  • NOC from the trademarks registry
  • Power of attorney on Indian stamps paper

In case of any doubt or query, one may contact us directly.

Who owns copyright?

  • As a general rule, the owner of the copyright is the person who created it, i.e. the author. An author could be the writer, the composer, the artist, the producer or the publisher or another creator depending on the type of work. One important exception to this is when an employee creates a work in the course of their employment in that case the copyright owner will be the employer.

What rights does a copyright owner have?

  • A copyright owner has both economic and moral rights. Economic rights cover acts that only the copyright owner can do or authorise. These include the right to copy the work, distribute copies of it, rent or lend it, perform or show it, communicate it to the public (including making it available online) or adapt it (e.g. making it into a play). Moral rights include the right to be identified as the author, the right not to have a work that they did not create falsely attributed to them and the right to object to the derogatory treatment of the work. Moral rights are rights authors retain in their works irrespective of who owns the economic rights – they can be waived, but not licensed or assigned.

How long does copyright last?

  • The duration of copyright varies according to the work involved. For literary, dramatic, musical or artistic works it is 70 years from the end of the calendar year in which the author dies (if there is more than one author it will be 70 years from the death of the last remaining author). For typographical arrangements (i.e. layout or appearance of the printed article), the duration is 25 years from the end of the calendar year in which the work was first published with that layout/appearance. It is important to note that whilst the underlying work itself might be out of copyright, if a new edition is set and printed or additional text such as an introduction is added these new elements will attract copyright protection.

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