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What is Copyright


What is Copyright?

A copyright is essentially a right not to copy someone’s work. A copyright gives the owner of the subject an exclusive right over his work. If a work is protected by copyright, no one can imitate, copy or reproduce the original work in any other way. A term of copyright in India is 60 years. Copyright can be taken for the following works:

  1. Music
  2. Books
  3. Manuscripts
  4. Films
  5. Fashion Designs
  6. Training Manuals
  7. Software
  8. Literary Work
  9. Performance
  10. Paintings etc

The register of the Registrar of Copyrights is divided into 6 categories:

PART – 1: Literary works other than computer Programs

PART – 2: Musical Works

PART – 3: Artistic Works

PART – 4: Cinematography Films

PART – 5: Sound Recording

PART – 6: Computer Programs, tables & Compilations

Copyrights are protected by “THE COPYRIGHT ACT, 1957” though there have several amendments to the act.

Why should one get their work registered under the copyright law?

It is not mandatory to get copyright protection but always advisable to do so because it will give the owner a certain set of minimum rights over his work and the protection that no one will be able to copy his work for a minimum period of time. This satisfaction will always motivate the owner to do more work and create more items.

What is the procedure to obtain a copyright registration?

To obtain the copyright registration the following process has to be followed:

  • An application (including all the particulars and the statement of the particulars) in the format of FORM IV has to have to be sent to the registrar along with the requisite fees (mentioned in the Schedule 2 of the act.). A separate application has to be made for separate works
  • Fees for different works have been given by the government in this link: http://copyright.gov.in/frmFeeDetailsShow.aspx

  • Every application has to be signed by the applicant as well as an Advocate in whose favor a Vakalatnama or a POA has been executed
  • The registrar will issue a Dairy No. and then there is a mandatory waiting time for a period of 30 days for any objections to be received
  • If there are no objections received within 30 days, the scrutinizer will check the application for any discrepancy and if no discrepancy is there, the registration will be done and an extract will be sent to the registrar for the entry in the Register of Copyright.
  • If any objection is received, the examiner will send a letter to both the parties about the objections and will give them both a hearing.
  • After the hearing, if the objections are resolved the scrutineer will scrutinize the application and approve or reject the application as the case may be.
  • When Will My Copyright Registration Take Effect?

    A copyright registration is effective on the date the copyright office receives all of the required materials for registration. You don’t need to wait until you receive a registration certificate from the copyright office.

    Copyright in India is recognized virtually worldwide under the “Berne Convention” and the applicable law of its member nations. If total compliance is followed the “certificate of copyright” is a future safeguard for the creative minds to preserve their creativity and reap exclusive monetary benefits from it as well.

    .

    The Limits of Copyright Protection

    Copyright law only covers the particular form or manner in which information or ideas have been manifested, known as the "form of material expression." The law does not cover the actual ideas, concepts, facts, or techniques contained in the copyright work. For example, the Superman comic books are copyrighted, which means that they cannot be reproduced and distributed for sale without authorization from the copyright owner. The copyright also prohibits anyone else from creating similar works involving the Superman character present in the comic books. However, the copyright does not prohibit anyone from creating a work about a super-human character in general.

    Keep in mind that things not covered by copyright law may be covered under other forms of intellectual property. For instance: ideas, procedures, methods, systems, and processes are not covered by copyrights, but they can be protected under patent law. Similarly, titles, names, slogans, and symbols cannot be copyrighted, but can be trademarked.

    For further more information related to Copyright registrationform, the procedure of registering a Copyright, documents required for Copyright registration, you can call us at 8788091087. Our experts are available here to advise you the best in the matter of register logo. You can also send your query on Email: info@herambindia.com. Visit our website: Herambindia and through the Copyright Registration, you can protect yourself from the matters of Copyright Certification.


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