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Monday, 20 June 2016

How to Copyright in India, Procedure to apply for copyright, Online Copyright Registration, Copyright laws, Copyright Rights

Copyright Registration is necessary to protect the creators, creative work such as music, books, manuscripts, software's, films, fashion designs, website etc from being copied and used for commercial purposes without the creators permission thus causing tremendous loss to the creator. Copyrights operates against unauthorized copying, the taking of another's creation, without paying for it.

Copyright is essentially a creation of statute, the copyright act makes it clear that no person shall be entitled to Copyright or any similar rights, in any work whether published or unpublished, otherwise than in accordance with the provisions of the Act.

Copyright Registration of Creative work Protects your Creativity from being Stolen or Duplicated, and gives you a Confirmed Legal Right over your creation.

Copyright Registration gives your Creative work a legal Status, thereby making it an Intellectual property, giving you exclusive legal right over your creation.

Copyright Registration guarantees Speedy Justice

List of Creative Work Protected by the Copyright law in India

1. Literary work Which includes computer programmes and computer databases apart from book.
2. Sound recording or audio recorded files which could include songs, dialogues recorded etc
3. Cinematograph film includes films, videos, cartoon films etc (It is advisable to include creative rights in the various agreements between parties in the initial stage itself.)
4. Artistic work including a painting, a sculpture, a drawing such as a map, chart or diagram, an engraving, a photograph, architecture/ artistic craftsmanship and dramatic work.
5. Musical work meaning staff notations and written music.

What is the purpose of Copyright Registrar
Copyright Registrar primarily serves as an office of record, a place where claims to copyright are registered and documents related to copyright are recorded. the purpose is to furnish information about the provisions of the copyright law and the procedures for making registration, to explain the operations and practices of the Copyright Office, and to report on facts found in the public records of the Office.

Copyright office in India is issuing diary no without being in actual possession of the creative work, thereby stating that your legal right will begin only after you get the certificate and not the diary no.

Supreme court Guidelines on Sound Recording and Cinematography

In case you want to copyright a Video, Film or an Audio Recording track i.e song, we request you to have an agreement with all the people involved in the making of it to give an NOC in the very beginning before you avail their services, that they will not have any Objection to you copyrighting the creative work in your favour. This has become imperative now after the latest Supreme court Guidelines on Sound Recording and Cinematography Copyright Registration. Most of the filmmakers in India are facing an uphill task in getting their film copyrighted due to this latest inclusion, kindly ensure that you do not fall in this trap. If you do not have any idea on this how to execute it do let us know we can do it for you at a minimal fee.

** Copyright Registration Under the Copyright Act of 1957 serves as a prime facie evidence in all courts in India, without further proof or production of the original.

* Good news for all waiting for their copyright certificate, the copyright office has now expedited their services hence now Copyright certificate is issued within 6 months

Choreography can also be copyrighted when reduced to writing as a Dramatic work, in the following way: 1) shorthand notation of Benesh 2) the longer more academic and elaborate Laban system and 3) Choreographer's own invented system 

What Copyright Protection Do I Get Under The Copyright Laws?

Registering your work with the Registrar of Copyright Office is basically a copyright protection insurance policy. Copyright protection arises automatically the moment the author fixes the work in a tangible form (i.e. when a writer writes her story), without the author having to do anything.

So why register for copyright protection if you’re work is automatically protected?
Here are four important reasons why filing for copyright protection with the Registrar of Copyright Office is important:

Copyright registration establishes a public record of your copyright and puts everyone in the world on notice that you have sought and claim copyright protection under the Copyright laws.

You cannot sue anyone for copyright infringement until you have filed for copyright protection with the Registrar of Copyright Office
No award for statutory damages or attorneys fees will be made for any infringement of a copyright in an unpublished work which occurs prior to the submission of the copyright registration documents. The same holds true for published works, unless the copyright registration is made within three months after the first publication.

If the registration of your work is done within five years from its creation, it is considered prima facie evidence in court. Prima facie evidence means that if you ever went to court, proof of the copyright registration with the Registrar of Copyright Office would be sufficient evidence of your ownership of the copyrighted material.

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