Copyright is a type of Intellectual Property that protects the original works of the author as soon as it is fixed in a tangible form of expression. Copyright subsists in works of - literary, drama, music, art, cinema, etc. Copyright is protected during the life of the author or owner and for 60 years after his death. A copyright registration gives the author a right of ownership and enjoyment over their creations. This prevents others from misusing the works of the author. Thus, copyright registration in India helps the author to reap the rewards and benefits of his creation. Biswajit Sarkar law firm is the best copyright law firm in india, due to it's experienced and professional copyright lawyers.
Copyright Search in India
The subject matter of Copyright or any application for copyright registration in India can be searched based on information available at the database of the Copyright Office, India. The database acts as a source of all Copyright records. It has valuable information about the public domain status and copyright ownership.You can search for either a registered Copyright or the status of your application by going to the database of the Copyright Office, India.
A copyright search can be conducted by entering the Applicant’s name, the title of the work, ROC number, and Diary number provided by the database of the Copyright Office. You can fill out any or all the above options to get a successful search result. After a copyright search is conducted, a list of matching copyrights is displayed. For instance, if the search has been made using the applicant’s name, the list shows all the copyrights registered by that name. Further, one can view the application details such as type of work, publication status, et cetera.
Read More Topics from Copyright »Procedure for Copyright Registration in India
A copyright comes into existence as soon as the work of a creator is given a material form. One may copyright their performances, their literary works, fashion designs, and so on. The law of the land has not made copyright registration mandatory - it is optional at the cost of the creator. Hence, to claim copyright for your work, you need not have registration documents with you.
Simply registering a copyright does not protect the registrant from infringement of another's copyright. The registration simply shows that the Registrar has recorded the copyright in the Register of Copyrights. The Register of Copyrights and its Indexes are held by the Copyright Office in India. The Register includes the name or titles of work, names, and addresses of authors, publishers, and copyright owners.
1. If an owner or the author of any work is interested in registering their copyright, they may do so by filing the appropriate form and submitting the prescribed fees.
2. If an artistic work is used in a certain type of goods and services, they must apply for a certificate from the Registrar of trademarks to ensure that there exists no other similar trademarks already registered.
One needs various documents during the registration of their copyright. This includes basic information about the work, like the language and the title, personal details about the applicant, like their name, address and nationality, and so on.
The registration procedure is done in three distinct steps: Application, Examination and Registration. The author or his representative may file the application either offline or online, along with the required fees. A diary number is issued after the application is submitted. This happens during the second stage - Examination. The Registrar in this stage examines the application with precision. This stage allows for the hearing for any opposition to such registration of copyright. Depending on the objection of the opposition and the Registrar’s reaction, the application for registration is either accepted or denied. When the Registrar is satisfied with the claims of the applicant, he sends the work to be registered under the Copyright Act.
Copyright infringement in India
The Copyright Act lays down certain exclusive rights that are granted to the author of copyrighted works. This ensures that the author gets the compensation they deserve for their work. Hence if a person, without the prior permission of the copyright holder, or without any license from the Registrar, uses such rights for their own benefit, it would be termed any copyright infringement. Section 51 of the Act lays down provisions for the infringement of a copyright.These acts are, essentially, of two types - primary and secondary.
1. In the case of primary acts of infringement, if a person does anything that only the copyright holder or the author of the work has exclusive rights to do, it will be termed as infringement. Even a person who is allowing for the communication of such copyrighted work to the general public for profit will be held liable for primary act of infringement.
2. In the case of secondary acts of copyright infringement, the person who publishes and sells such infringed copyrighted work for profit to the general public will be held liable for infringement.
There are two types of remedies available if your work has been infringed - Civil and Criminal. Civil remedy includes remedies of injunction and damages under Section 55 of the Copyright Act, while criminal remedy includes right to initiate criminal proceedings under the infringer. The provisions for such remedies are entailed within Section 63 of the Copyright Act of 1957.
The law also lays down certain circumstances under which copyright infringement does not take place. It is termed as the doctrine of fair use. The provisions for the same are given in section 52 of the Act.
