COPYRIGHT PRACTICE
Welcome to our Copyright Practice, where creativity and legal expertise converge to protect your original works and creative expressions. Our dedicated team of copyright attorneys is here to help you navigate the intricacies of copyright law, ensuring that your intellectual property is safeguarded and leveraged to its fullest potential.
Copyrights cover a wide range of creative works, from literary and artistic creations to software, music, films, and more. Our Copyright Practice offers a comprehensive suite of services tailored to your specific needs:
1. Copyright Registration:
We guide you through the process of registering your creative works with the appropriate
authorities, providing legal protection that strengthens your rights and helps in potential disputes.
2. Copyright Licensing and Transactions:
Our experts assist in negotiating and drafting licensing agreements that allow you to control
how your works are used while generating revenue.
3. Copyright Enforcement and Litigation:
In cases of infringement or disputes, our team provides vigorous representation to protect
your copyright interests, whether through negotiation, cease-and-desist letters, or legal action.
4. Digital Copyright Protection:
With the digital age, protecting online content is crucial. We offer guidance on digital rights
management, DMCA compliance, and handling online infringements.
5. Fair Use and Copyright Counselling:
We provide clear guidance on the principles of fair use, helping you understand when others
may use your works without permission and when your rights should be enforced.
6. Copyright Portfolio Management:
We assist in managing your copyright portfolio, offering strategic advice on maintaining
and maximizing the value of your creative assets.
7. Global Copyright Strategy:
If your works have international reach, our experts can develop a comprehensive strategy
to protect your copyrights across various jurisdictions.
8. Copyright Clearance and Permissions:
We help you secure permissions to use copyrighted materials owned by others, ensuring
compliance with legal requirements.
Our Copyright Practice is committed to not only protecting your creative works but also enabling you to harness their value effectively. We understand that each creative expression is unique, and we offer tailored solutions that align with your creative goals and business objectives.
Whether you're an artist, author, musician, software developer, or content creator, our Copyright Practice is here to assist you in preserving and leveraging the fruits of your creativity. Contact us today to schedule a consultation and learn how we can help you navigate the dynamic landscape of copyright law.
FAQs
Copyright are bundle of rights which confers an exclusive right on the Author to do and /or authorize others to do certain acts in relation to:
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Literary;
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Dramatic;
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Musical;
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Artistic work;
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Cinematograph films;
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Photographs;
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Sound recordings;
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Computer Programmes; and
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Performers’ rights.
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The main object of the Copyright is to secure the author from theft of his labor, skill, knowledge and capital used and to encourage him for further creativity.
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Copyright subsists only on original work. But original work does not always mean expression of new and novel idea. The important criterion is that the work should originate from the author and not copied substantially from the work of other.
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There is no Copyright in ideas but only on expression of ideas.
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It is not an infringement of Copyright to adopt anyone’s idea or concept but how it is created or expressed is a matter of concern.
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COPYRIGHT PROTECTS EXPRESSION OF THOUGHTS AND NOT IDEAS
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There are many rights conferred by the Copyright Act, 1957 depending upon the nature of work with certain exceptions.
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Most important kind of rights are to:
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Reproduce;
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Translate;
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Perform;
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Adapt;
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Grant license;
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Assign (can be different - to 2 or more persons for the same work for the similar or different portion of the entire work) the work either exclusively or non exclusively.
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In case of Computer Software, in addition to the above mentioned rights, the author can sell, give on hire or offer for sale the said Computer Software for any number of times.
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Broadly the rights can be divided into two:
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Economic Rights which derives a monetary reward to the author by exploiting the same through publishing, performing, selling, distributing, hiring, licensing in different forms or assigning in favour of some one for a consideration or otherwise; and
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Moral Rights which allows the author to take certain actions to preserve the personal link between himself and the work.
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MANY TIMES PERSONS ECONOMICALLY EXPLOITING THE COPYRIGHT IN A PARTICULAR WORK ARE MORE BENEFICIAL THAN THE AUTHOR/CREATOR OF THE WORK
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In India the Copyright is governed by Copyright Act, 1957.
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It is to be noted that the registration of a Copyright is not mandatory. On the contrary, unlike other Intellectual Properties, the rights under the Copyright work are inherited by original creation.
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However, it is advisable to protect not all but certain types of Copyrighted work such as Artistic work which can be used as a Trademark (e.g. artistic work of logo, stylized way of writing a Trademark), Computer Programme etc.
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The procedure for registration of these works is little different. The Copyright Registry is situated at New Delhi where the application is required to be made.
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THE WORK IS PROTECTED BY THE FACT OF ITS CREATION. HOWEVER, THE WORK SHOULD BE WRITTEN DOWN OR RECORDED
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In India, the term of a Copyright is lifetime of the author and 60 years thereafter from the end of the year of the death of the author.
The Copyright is considered as infringed if any person reproduces the original Work without any license or consent of the author / creator of the work or in contravention of the license granted or offer for sale or hire or sells or distributes or exhibits any infringing copy of the Copyrighted Work.
There are two types of remedies available under the Copyright Act:
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CIVIL REMEDIES
- To grant the Temporary or Permanent injunctions;
- Impounding and destruction of all infringing copies;
- Actual monetary damages or profits earned from the sale of infringing copies;
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CRIMINAL REMEDIES
- The seizure of plates, floppy and other diskettes etc. are impounded and/or destroyed;
- The infringer is liable to imprisonment and/or penalty.
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The Related Rights are the rights which protects the legal interest of the certain person who have contributed to making a particular works available to the public.
RELATED RIGHTS ARE TO PROTECT PEOPLE OR ORGANIZATIONS THAT ADD SUBSTANTIAL CREATIVE, TECHNICAL OR ORGANIZATIONAL SKILL IN BRINGING THE WORK TO THE PUBLIC. (Source WIPO)
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The Performers like singers, actors, musicians, dancers etc.
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Producers of Sound Recording; and
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Broadcasters for broadcasting or communicating the work to the public such as distribution on cable system or on internet.
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In principle, they are similar rights covered by the Copyrights that are to prevent others from unauthorized exploitation of the performance, recording or broadcasting.
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INDIA
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Resources
INTERNATIONAL REGISTRATION -
HOW TO GET IT RIGHT
MADE (RID) IN INDIA
FUNDAMENTALS OF INDUSTRIAL DESIGN