Copyright is a right given by law to creators of original literary, dramatic, musical and artistic works and producers of cinematographic films and sound recordings. The statutory protection under the Copyright Act gives the copyright owner a number of exclusive rights including the exclusive right to reproduce the work.
Services we offer :
FILING AND PROSECUTION OF COPYRIGHT APPLICATIONS IN INDIA
There is a copyright registration system in India: although protection is not dependent on registration, it is advisable to register. We assist clients in securing registrations for their various copyright works e.g., artistic, literary, etc. We deal with any objections and requisitions that may be raised by the Copyright Office during examination of the application. Our approach is always creative, thinking ‘out of box’, so that we can achieve the best possible results for our client.
Applications for copyright registration must be filed on Form XIV (which includes Statement of Particulars and Statement of Further Particulars), and must relate to one copyright work only. Every application must be signed by the applicant, who may be the author or an assignee, or an agent acting on their behalf.
- Where the applicant is not the author, the application must be accompanied by an original ‘No Objection Certificate’ signed by the author(s), clearly indicating (a) that he/she has no objection to registration in the name of the applicant(s); and (b) whether or not the author is a partner/ proprietor/ employee of the applicant.
- In the case of a literary work: if the work has been published, one (1) copy of the published work; if it has not been published, two (2) copies of the unpublished work; must be filed with the application. In the case of an artistic work: two (2) copies of the artistic work, whether or not it has been published, must be enclosed.
- Where the application is filed by an agent on behalf of the copyright owner, it must be accompanied by a Power of Attorney signed by the copyright owner and accepted by the agent.
- The application must be accompanied by the prescribed fee by way of postal order or Demand Draft in favour of ‘Registrar of Copyrights’ payable at New Delhi.
COPYRIGHT TRANSACTIONAL WORK
Copyright can play an important role in generating business revenue. Thus, the commercial exploitation of copyright works is important. We regularly advise clients on all aspects of commercialization, negotiating and drafting all relevant transactions and documentation including copyright licences and assignments.
We keep a strict eye out for any misuse of our client’s copyright works and promptly report any wrong doing so that they can take immediate action. We have extensive experience in filing and prosecuting copyright infringement actions, and advising clients on the appropriate venue.