Copyright law has comprehensive coverage, and the protection under it is obtainable by any creator/author of original work. And, because of the above reason, it is the most accessible Intellectual Property (IP) right.
What does Copyright law offer?
Copyright law grants privileges to the author, artists, or creator vis-à-vis their literary or artistic creations, generally referred to as works. The work should be an original creation, although the idea may not be new. Still, the form, literary or artistic in which the author expresses must be of the original creation.
Works under Copyright include novels, poems, plays, reference works, newspapers, advertisements, computer programs, databases, films, musical compositions, choreography, paintings, drawings, photographs, sculpture, architecture, maps, and technical drawings. This list is not exhaustive.
An idea cannot be copyrighted. The concept should be capable of putting down on paper or represented in some tangible form.
Copyright registration entails documenting the original work of the author/creator by the respective copyright office. Copyright protection applies automatically to any original work as soon as it comes into existence. However, one should always register one’s work under copyright law (discuss the benefits later). India is a signatory of International Conventions like the Berne Convention; thereby, copyright protection automatically extends to works created by foreign nationals of member countries. Copyright registration includes registration of both published and unpublished work.
Copyright registration procedure
The step enumerated below broadly outline the registration process:
- 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
- Distinct applications for each separate work
- Applicant must ascertain the fees as prescribed in the second schedule to the rules for each separate application, and apply accordingly
- The applicant or the advocate (who is authorized by vakalatnama or power of attorney) must sign the application. The relevant power of attorney should be enclosed with the application.
Benefits of copyrighting your work
The artist or author of the work has the exclusive Right to use or authorize others to use their work according to any understanding arrived between the author and the third party. In other words, the author can sell, franchise, or license his work.
The right holders can prohibit others from reproducing, copying, selling, broadcasting, or adaptation of their work into a movie or screenplay.
Copyrighting your work is beneficial when you want to market or brand the work. Besides, it generates goodwill in the market and also sends a message to consumers that you care about your work.
Copyrighting your work facilitates the work to receive copyright protection in other countries.
Acts as a warning to third parties of the consequences who want to replicate your work or reproduce it.
In several countries, only authors of registered work can sue third parties for infringing their work.
We, at Vidma Consulting Group believe creativity can only flourish when the creator has a conducive environment. Copyright laws facilitate the creator to bring out their individuality in the form of the art they create. Our objective is to help the members of the creative community to unleash their true potential. We offer bespoke services to individual artists and authors, rights managers, publishers, IT companies, producers and broadcasters, etc.
Services we offer
- Copyright prosecution and registration,
- Licensing and assignment,
- Contract negotiation and drafting,
- Due diligence which ensures our clients are not infringing upon third party’s rights or software licenses,
- Clearances and regulatory compliances,
- Drafting take-down notices and managing online content
- Dispute resolution and enforcement.
We also provide international copyright registration services and global infringement issues.