Detailed Explanation on Copyright Registration Procedure
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Graphic Explanation of how a Creative work is Copyrighted
The Entire Copyright process
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How To Copyright In India, Procedure To Apply For Copyright.Online Copyright Registration
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Copyright Law in India:
What is the Copyright Protection in Regards to Publication of the Creative Work?
The right to publish the work does not figure in the amended Section 14(a) as in the previous section prior to the amendment; instead the right to issue copies of the work and the right to communicate the work to the public figure. However the new definition of Publication covers both issue of copies and communication of the work to the public. Copies already sold or in circulation are excluded from the exclusive right to issue copies.This is natural since in the case of copies already sold or in circulation there can be no restriction in reissuing those copies to the public by persons who have acquired these lawfully.
Communication to the public‘ means making any work available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusions other than by issuing copies of such work regardless of whether any member of the public actually sees, hears or otherwise enjoys the work so made available.
Communication through satellite or cable or any other means of simultaneous communication to more than one household or place of residence including residential rooms of any hotel or hostel will be deemed to be communication to the public.
The exclusive right relates only to communicating the work to the public and not to a private audience. For the distinction between public and private audience see Chapter 13. The object of this provision is to restrict unauthorised commercial exploitation of the work by others and not private and domestic use of the work.
What Performance of the work in public is Copyright Protected?
Performance in relation to performer’s right means any visual or acoustic presentation made live by one or more performers Section 2(q). Performer includes an actor, singer, musician, dancer, acrobat, juggler, conj urer, snake charmer, a person delivering a lecture or any other person who makes a performance; s. 2(qq). Although this definition relates to performer’s right, when read with the definition of performer would apply to performance of literary, dramatic and musical work.The exclusive right is confined to performance of the work in public which shows that a copyright owner cannot prevent others from performing the work in private. Thus a musical work can be performed in private by anybody without infringement. There is infringement only when it is performed in public for economic benefit.
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.
The only way for another party to win would be for them to present evidence showing:
that they had a pre-existing copyright claim to the work.
that you permitted them to use your work.
that you didn't actually create the work.
that you stole it from them.If you're serious about protecting your work, obtaining copyright protection under the copyright laws is a smart and necessary step to take.
Is a copyright in India recognized worldwide?
Copyright in India is recognized virtually worldwide under the Berne Convention and the applicable law of its member nations.Click on the linkto see the list of countries where your copyright stands valid when registered in India
Note* Copyright Certificate issued by Government of India
Click here to see a Copyright Certificate
Copyright Registration of Books, website, software,
Songs, Video, Films, Lyrics in India -
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To learn more about copyright laws here are a list of articles:
Copyright Amendment Bill 2012 on:
- Procedure and Guidelines to Obtain Statutory Licence For Cover Versions of Songs as par Copyright Laws
- How do you Register your Creative work with the Copyright Office in India - Registration of Copyright
- Provisions for Persons with Disabilities
- Extension of Fair Dealing to All Works
- Term of Copyright for Photographs has increased
- Cover Versions songs
Registration and filing of Copyrights in India:
Copyright, is a bundle of rights, which grants protection to the unique expression of ideas. Ideas per se cannot be protected; it is the expression of ideas in a material medium that is the subject matter of copyright protection. Copyright is a negative right and the owner of a copyright gets the right to prevent others from copying his work without his consent towards a commercial end. However, at the same time it gives to the author an exclusive right for the commercial exploitation of his work.
The Rights protected by Copyright Law:
Copyright law seeks to promote human creativity and confers several rights on the copyright owner. International agreements, among which the most important is the Berne Convention, 1886.
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Articles on Copyright Law
Term of Copyright
Term of copyright in posthumous work:
Literary, Dramatic or Musical work or an engraving, in which copyright subsists at the date of the death of the author, or in the case of any such work of joint authorship, at or immediately before the date of the death of the author who dies last, but which, or any adaptation of which, has was not published before the exact date mentioned, copyright shall subsist until 60 years from the beginning of the calendar year next following the year in which the work is first published or, where an adaptation of the work is published in any earlier year, from the beginning of the calendar year next following that year.(2) As par section 24(2) a literary, dramatic or musical work or an adaptation of any such work shall be deemed to have been published, provided it has been performed in public or if any sound recording has been made in regards to the work have been sold to the public or have merely been offered for sale to the public is sufficient to be considered Published.
Term of copyright in cinematograph films:
In Regards to cinematograph film, copyright validity period is for 60 years from the beginning of the calendar year next following the year in which the film is published.Term of copyright in sound recording:
In Regards to sound recording copyright validity period is for 60 years from the beginning of the calendar year next following the year in which the "Isound recording] is published.Term of copyright in Government works:
In Regards to Government work, where Government is the first owner of the copyright therein, copyright validity period exist until 60 years from the beginning of the calendar year next following the year in which the record is first published.Term of copyright in works of public undertakings:
In Regards to a work, where a public undertaking is the first owner of the copyright therein, copyright validity period exist until 60 years from the beginning of the calendar years next following the year in which the work is first published.Term of copyright in works of international organisations:
In Regards to a work of any international organization to which the provisions of section 41 apply, copyright validity period exist until 60 years from the beginning of the calendar year next following the year in which the work is first published.For Copyright Discrepancy and Objection Clearance
If you have applied for Copyright from some other source and have received Discrepancy / Objection, you can contact us for its clearance simply call us or email us for the matter we will do it for you.
About Performer's Rights
:Any person hearing it could by taking down the lecture or story in shorthand reduces it to material form. Similarly the music could be recorded in a tape.
Those who thus first reduce the performance to a material form become the copyright owners of the lecture, story or dramatic performance or music as the case may be. This situation has been changed under the Copyright (Amendment) Act 1994.
Certain special rights called Performer's Rights have been conferred upon any performer of his performance. Performer includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance, s. 2(qq).
Performance in relation to a performer's right means any visual or acoustic presentation made live by one or more performers, s. 2(q).
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