COPYRIGHT
Copyright
gives the creators of a wide range of material, such as literature,
art, music, sound recordings, films and broadcasts, economic rights
enabling them to control use of their material in a number of
ways, such as by making copies, issuing copies to the public,
performing in public, broadcasting and use on-line. It also gives
moral rights to be identified as the creator of certain kinds
of material, and to object to distortion or mutilation of it.
(Material protected by copyright is termed a "work".)
The
purpose of copyright is to allow creators to gain economic rewards
for their efforts and so encourage future creativity and the development
of new material which benefits us all. Copyright material is usually
the result of creative skill and/or significant labour and/or
investment, and without protection, it would often be very easy
for others to exploit material without paying the creator.
Most
uses of copyright material therefore require permission from the
copyright owner. However there are exceptions to copyright, so
that some minor uses may not infringe copyright.
Frequently
Asked Questions about Trademark:
What
is copyright?
Copyright
is a form of intellectual property protection granted under the
Indian Copyright Act 1957, to the creators of original works of
authorship such as literary, dramatic, musical, artistic, and
certain other intellectual works The copyright vests in original
work in whatever form it may be and in India it is not mandatory
but useful in courts where civil and/or criminal proceedings can
be taken to protect it.
What
are the rights available through copyright protection ?
Copyright
owners have the exclusive rights to do or authorise the doing
of any of the following in respect of a work :
-
to
reproduce the work in any material form including the storing
of it in any medium by electronic means
-
to
issue copies of the work to the public not being copies already
in publication
-
to
perform the work in public, or communicate it to the public
-
to
make any translation or adaptation of the work
-
to
sell or give on hire, or offer for sale or hire a copy (in
case of a computer software), regardless of whether such copy
has been sold or given on hire on earlier occasions.
-
copyright
confers a number of rights, some or all of which can be granted
to others either exclusively or non-exclusively.
What
are the requirements for filing the copyright application in India?
-
For
filing the copyright application in India, following are the
requirements :
-
Full
Name, Address and Nationality of Applicant & that of the
author
-
The
year & country of first publication of the work
-
List
of countries where the work has been published and the year
of publication
-
The
year & the country of last publication
-
Six
copies of the work
-
Power
of Attorney
In
case of labels, which can be used as trademark, firstly clear
copyright search certificate has to be received from the trademark
registry & only thereafter, application for copyright can
be filed in the copyright office
What
is the procedure for the grant of copyright in India?
Following
steps are involved for the grant of copyright in India :
The
application with complete details is filed
Thereafter,
the application is examined and objections, if any, are raised
thereto.
The certificate is issued by the copyright office after the objections,
if any, are removed to the satisfaction of the department
What
is the time taken for the grant of copyright in India?
The
process of obtaining the certificate of copyright in India takes
about 12 months
Is
it compulsory for me to register my work with Copyright Office
to get copyright protection?
It
is not necessary under the Indian Copyright Act to register with
the Copyright Office to get copyright protection. Registration
of the work is however highly recommended because such registration
is helpful in an infringement suit. As per the Copyright Act,
the register of copyrights (where the details of the work are
entered on registration) is prima facie evidence of the particulars
entered therein. The documents purporting to be copies of any
entries therein, or extracts from the register which are certified
by the Registrar of copyrights and with the seal of the copyright
office, are admissible as evidence in all courts without proof
or production of the original. India is a member of both Berne
and Universal Conventions and Indian law extends protection to
all copyrighted works originating from any of the convention countries.
However, in case of infringement of copyright, during court proceedings,
copyright registration with the government of India serves as
an advantage.
How
can World Trade Desk help me in getting copyright protection ?
We,
at World Trade Desk, offer complete services for the protection
of copyright and combating infringement. We will assist you in
the process of filing your application for copyright. Please make
an enquiry online by clicking here stating your requirements.
What
are the costs involved for trademark registration?
Please
make an enquiry online by clicking here and we will tell you the
costs involved. If you have any further queries, please do not
hesitate to send us an e-mail at helpdesk@glowwell.com