Copyright Services

Copyright Application

• Copyright of books, novels, non-fiction books, poems, newspaper, magazine, and web articles
• Copyright Registration of logo and Packaging of products  
• Copyright of Computer software
• Copyright of  Website
• Copyright of Songs/Music Album
• Copyright of movies
• Legal Notice for Copyright Infringement
• Case filing for Copyright Infringement
• Agreement Drafting for Protection of copyright of Singers/Composers
• Agreement drafting of Copyright to Receive Royalty

Filing Requirements:
The procedure for registration is as follows:

• Application for registration is to be made on Form IV (Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules.
• Separate applications should be made for registration of each work.
• Each application should be accompanied by the requisite fee.
• The applications should be signed by the Applicant.
• The Power of Attorney signed by the party and accepted by the Advocate should also be enclosed.

Important Key Points about Copyright

1. What is Copy Right?
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.

2. Why Do We Need A Copyright?
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.

Example of Copyright violations:

a) Unauthorized download all of the write up and graphics off my website and using it on their website.

b) Unauthorized copying the same floral designs which I created for my clothing company are being copied and used by other without my permission.

c) I took beautiful pictures of Himalayas Hills while I was on tour and uploaded in my social media website (Face book, Twitter etc.) for my friends and later on I noticed photographs that I previously took, now being used in a catalog to sell someone else’s product. I never gave them permission to do so.

d) A computer program was developed by my company for some scientific studies purpose and the source code of my company is being duplicated by competitor’s computer programmer/company.

e) The song that I wrote and produced is now being used and distributed by my former band member.

f) I am going to send a synopsis of my script to a production company and they want me to sign a release form. Will my script be protected or can they steal it?
Registration for a copyright application may have protected the works in the above scenarios.

3. 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).

4. What does copyright protection cover?

Literary Works (Under Section 2(o) of the Act)—includes

(i) books, novels, non-fiction books, poems, newspaper, magazine, and web articles
(ii) computer software, mobile applications, and databases etc.

A Literary Work (except in the case of Foreign Literary Works) to qualify for copyright protection the work should also qualify the following conditions:
I. The work is first published in India.
II. Where the work is first published outside India, the author is at the date of such publication must be a citizen of India.
III. Where the work is first published outside India and the author was dead at the date of such publication, the author at the time of his death must be a citizen of India.
IV. In the case of an unpublished work, the author is at the date of making of the work a citizen of India or domiciled in India.

Artistic Works (Under Section 2(c) of the Act) – Includes
(iii) a painting, a sculpture, a drawing (including a diagram, map, chart or plan)
(iv) an engraving or a photograph, whether or not any such work possesses artistic quality;
(v) a [work of architecture]; and any other work of artistic craftsmanship

Films, musical works (from songs to symphonies), and choreography

Art, including paintings, sculpture, photographs, and drawings

How long one has to wait to get his/her work to get registered by the Copyright office?
After filing of the application and receive diary number one have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim. In case any objection is filed, the Registrar of Copyrights after giving an opportunity of hearing to both the parties may decide to register the work or otherwise.

If no objection is filed the application is examined by the examiners. If any discrepancy is found the applicant is given ordinarily 45 days time to remove the same. Therefore, it may take around 2 to 3 months time for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key for speedy disposal the matter.

Duration of Copyright Registration
The duration or term for copyright registration in a literary content is throughout the life of the author and the 60 years from the date on which the author died. However, if the work has not been published, performed or offered for sale or broadcast during the lifetime of the author, the copyright protection shall continue for a period of 60 years from the end of the year in which any of these acts are done relating to the work.

Whether computer Software or Computer Program can be registered?
Yes. Computer Software or program can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programs, tables and compilations, including computer databases. ‘Source Code’ and “Object Code” have also to be supplied along with the application for registration of copyright for software products.

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