UNIMARKS LEGAL SOLUTIONS a law firm comprises of expertised Copyright Registration Consultants in Chennai. We ensure our clients receives quality legal services specifically tailored to meet their needs of both domestic and international copyright registration.
Copyright Registration protects creative work such as books, music, visual recordings, computer softwares, designs, drawings, art works, photos, logos, website contents, choreography, and etc.
Only the person who created the copyrighted work is legally permitted to reproduce, perform, or display it, distribute copies of it, or create variations of it; any unauthorized exercise of any of these rights is called “copyright infringement” and is actionable by law. Generally, copyright lasts for 60 years from the date of publication, in case of a cinematograph film, sound recording, photograph, work of government or work of international body. In the case of original literary, dramatic, musical and artistic works, the term is lifetime of the author plus 60 years after the death of the author.
Why Registration of a Copyright Important?
- Registration establishes a public, searchable record of your copyright
- Copyright Registration required for an infringement suit
- Copyright registration establishes sufficient evidence in court concerning the validity of the copyright and the facts stated in the copyright certificate
- In case of infringement of the copyrighted work, the copyright owner is entitled to seek statutory damages and costs in legal proceedings. However, even without registration, only an award of actual damages and profits will be available, and these can be quite difficult to prove.
How Unimarks Can Assist?
- Copyright Registration Legal Opinion
- Filing of Copyright Applications in respective category
- Frequent follow-ups with the Copyright Board
- Defending Copyright Applications
- Enforcing copyrights against Infringers
- Copyright Watching and Monitoring
- Informing Clients in cases of violations and infringements
- Drafting Copyright Licence and Assignment Agreement
Copyright Registration provides the creators of original works of authorship with a set of exclusive rights to copy, distribute, and perform their works for a limited period of time. Protected works include (but are not limited to) books, plays, music, movies, photographs, paintings, sculptures, digital files, and web pages these all are valuable creations worth protecting.
Although copyright in a work exists automatically when an original work is created, a certificate of copyright registration is evidence that your creation is protected by copyrightand that you, the person registered, are the owner. It can be used in court as evidence of ownership.
Below are some of the works that can be protected under Copyright Act:-
- Literary works (All kinds of work presented in written form)
- Artistic works (Logos, Photos, Drawings, Art Works and etc.
- Musical works, including any accompanying words (All kinds of Sound Recordings)
- Dramatic works, including any accompanying music (Motion Pictures and audio visuals)
- Computer Software’s (Source Code of the Software but not in entirety)
What is protected under copyright?
The Copyright Act protects original works of authorship viz., literature, music, videos, artworks, and computer programs. Copyright law protects the way an author or artist expresses an idea, principle or fact; it doesn’t protect the underlying ideas or facts themselves. Copyright covers five key rights of a original work:
- Reproduction — The right to create identical or substantially similar copies of the work.
- Adaptation — The right to create derivatives of the original work, such as abridgments, translations and versions in other media (book to film, song to music video, etc.).
- Distribution — The right to make the first sale of each copy of the work
- Performance — The right to recite, play, dance or act the work publicly.
- Display — The right to show the work publicly, directly or by means of film, slide, TV image or other device.
Copyright for Writers/Authors
What is your right as a writer/author?
The Indian Copyright Act allows the author of an original work, such as a scholars and writers, the exclusive rights to reproduce, distribute, adapt, publicly perform, and publicly display their original work. The protection under Copyright Act automatic. The author obtains these exclusive rights at the moment the copyrighted work has been “fixed in a tangible medium,” such as when a written work has been saved on a computer’s hard drive or printed.
The author of such work retains their exclusive rights until the moment they enter into a written agreement to assign some or all of these exclusive rights. The author renounces his exclusive rights once the same is transferred to the third party. The author of such work left with no rights and they may no longer could exercise that right. In case if the author intends to retains the right to make any further uses of the copyrighted work, or intends to grant others permission to make any use of the copyrighted work, the author must make this clear in a written transfer agreement.
As a writer or a scholar when you publish your book, thesis, research or article you will be asked by the publisher to sign an agreement, or contract which transfer various rights to the publisher in the work you have created. Consequently, you end up giving up certain rights such as your right to post your article on the public Internet or to make copies for classroom use. To take advantage of the greater opportunity now available to communicate your research results, you need these rights to the articles you produce.
We assist our clients to get copyright Registration Certificate for their work and also advise them enter into a suitable license or assignment agreement considering the requirements of our client and draft the fool-proof agreement between them and the publishers.
Copyright protection automatically applies to all original works of authorship. Although copyright registration provides many benefits, including recourse to sue for statutory damages, copyright registration is not necessary in order for a work to be protected by copyright law. Copyright owners have the exclusive right to make copies of their work, display their work, distribute their work and the right to make derivative works. Copyright holders often sue for damages if their work has been infringed. However, if the infringer fails to cease their activity or is disseminating the work in a way that will cause irreparable harm, an injunction may be the best potential remedy.Under Copyright law one can protect his work by resorting to various actions to preserve the originality of his work and against any third party infringement. The John Doe orders, namely ex parte preliminary injunctions are obtained to restrain and mitigate anticipated copyright infringements by unidentified respondent and defendants. Hence, the John Doe orders are enforced by copyright owners upon actual actions of infringement upon ascertainment of the identities.
What is copyright?
Ans: Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
What is the scope of protection in the Copyright Act, 1957?
Ans: The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright protection for ideas, procedures, methods of operation or mathematical concepts as such (Please see Article 9.2. of TRIPS).
Does copyright apply to titles and names?
Ans: Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
Is it necessary to register a work to claim copyright?
Ans: No. Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
Whether unpublished works are registered?
Ans: Yes. Both published and unpublished works can be registered. Copyright in works published before 21st January, 1958, i.e., before the Copyright Act, 1957 came in force, can also be registered, provided the works still enjoy copyright. Three copies of published work may be sent along with the application. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. In case two copies of the manuscript are sent, one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office.
Whether computer Software or Computer Programme can be registered?
Ans: Yes. Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ has also to be supplied along with the application for registration of copyright for software products.
How can I get copyright registration for my Web-site?
Ans: A web-site contains several works such as literary works, artistic works (photographs etc.), sound recordings, video clips, cinematograph films and broadcastings and computer software too. Therefore, a separate application has to be filed for registration of all these works.