Copyright

What is a trademark? Who can file for a trademark?

Copyright

About Copyright

What is a Copyright?

Copyright (or author's right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright:
• literary works such as novels, poems, plays, reference works, newspaper articles;
• computer programs, databases;
• films, musical compositions, and choreography;
• artistic works such as paintings, drawings, photographs, and sculpture;
• architecture; and
• advertisements, maps, and technical drawings. 

Term of Copyright Protection in India:

• Literary, dramatic, musical and artistic works: it 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.
• Cinematograph films: it subsists until [sixty years] from the beginning of the calendar year next following the year in which the film is published.
• sound recording: It shall subsist until [sixty years] from the beginning of the calendar year next following the year in which the [sound recording] is published .
• Government works: It subsist until [sixty years] from the beginning of the calendar year next following the year in which the work is first published.
• Works of public undertakings: it shall subsist until [sixty years] from the beginning of the calendar year next following the year in which the work is first published.
• Works of international organizations: It shall subsist until [sixty years] from the beginning of the calendar year next following the year in which the work is first published. 

Copyright filing Procedure:

Documents required for copyright registration/ Copyright Filing:

Three copies of the work if the work is published;

• If the work is not published, then 2 copies of manuscripts;
• If the application is being filed by an attorney, then special power of attorney or vakalatnama signed by the attorney and the party;
• Authorization in respect of work, if the work is not the work of the applicant;
• Information regarding the title and language of the work;
• Information regarding the name, address and nationality of the applicant;
• Applicant must also provide his mobile number and email address;
• If the applicant is not the author, a document containing the name, address and nationality of the author, and if the author is deceased, the date of his death;
• If the work is to be used on a product, then a no-objection certificate from the trademark office is required;
• If the applicant is other than the author, a no-objection certificate from the author is required. In this case, an authorization of the author may also be required;
• If a person’s photo is appearing in the work, then a no-objection certificate from such person is required;
• In case the publisher is not the applicant, a no-objection certificate from the publisher is required;
• If the work is published, the year and address of first publication is also required;
• Information regarding the year and country of subsequent publications;
• In case of copyright is for software, then source code and object code are also required. 

Copyright Registration

Process for copyright grants

1) File application
2) Examination
3) Certificate granted 



FAQs about Copyrights

There are two types of rights under copyright:
Economic rights, which allow the rights owner to derive financial reward from the use of his works by others; and
Moral rights, which protect the non-economic interests of the author. 

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.

In the case of a cinematograph film, copyright shall subsist until [sixty years] from the beginning of the calendar year next following the year in which the film is published.

In the case of a sound recording, copyright shall subsist until [sixty years] from the beginning of the calendar year next following the year in which the [sound recording] is published.

In the case of a Government work, where Government is the first owner of the copyright therein, copyright shall subsist until [sixty years] from the beginning of the calendar year next following the year in which the work is first published.

In the case of a work, where a public undertaking is the first owner of the copyright therein, copyright shall subsist until [sixty years] from the beginning of the calendar year next following the year in which the work is first published.

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