COPYRIGHT LAWYERS

The word copyright is made up of 2 words- ‘copy’ and ‘right’. The meaning of the word is ‘Right to copy’. In simple terms, the owner, creator or his/her authorised person has the right to reproduce his/her work. The laws related to copyright are a protection given to creators of original work. Copyright laws protect the practical application of ideas and not the ideas themselves.

Why should copyright be protected?

Copyright ensures a set of safeguards for protection of rights of authors over their original creations, thereby protecting and rewarding creativity. The protection provided by copyright to the original works of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive for creativity and innovation, which encourages them to create more such works.

What are the rights of creator?

The rights vested in the creator or owner of copyright are envisaged under Section-14 of Copyright Act,1957. These rights include –

Right of adaptation

Right to make translations

Right of publication

Right of reproduction

Communication to public

Share your query & get expert opinion

Who is the owner of work under Copyright Act?

According to Section 17 of the Copyright Act, creator of the work is the first owner of the copyright. The exception to this is- If the creator creates the work under his course of employment, and if he/she is bound by a contract, the employer becomes the owner of copyright and the rights envisaged under Section 14 are vested in him.

Illustration:

Shaukeen writes a poem titled ‘Rainy Day’. Under the Section 17, he is the owner of the Copyright.
Himmat works for a comic company called HSB comic company and writes a comic titled- ‘Ryan-The Multiman’. So, as per the above definition, HSB has the copyright over Himmat’s work.

you are not alone

How to register our work as copyright?

In India our original work is protected under International Copyright Order, 1999 and there is need for registration however, it is advisable for one to register his/her work for proof of its origin in the court of law.

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

An application which includes all the particulars in the format of FORM IV has to be sent to the registrar along with the fees as given in the schedule 2 of the act.
Every application has to be signed by the applicant along with the Advocate in whose favour a Vakalatnama has been executed.
The registrar shall give a Dairy No. and then there is mandatory waiting period of 30 days for any objections to be raised.
If any objection is raised, the examiner will send a letter to both the parties about the objections and will give them both a chance to put forward their claims.
If there are no objection, the scrutinizer will check the application for any irregularities. If no discrepancy is there, the registration will be done for the copyright. An extract is sent to the Registrar.

What is Copyright infringement?

Using work without consent of the original owner of such work is called copyright infringement. An owner of copyright must know that the moment an original work is created, a copyright in that work subsists. Even unregistered works can be infringed.

helping you in family court

How to file a suit for copyright infringement?

Civil Remedy-

Cease & Desist Notice: Before filing suit for infringement, it is always advisable to file a Cease and Desist notice to the infringer. It is a notice informing the infringer of his wrong-doing and
If the infringer does not respond to above mentioned notice one can file a civil suit as per Section 62 (1) in District Court.

Juvenile law

Under Section 63 of the copyright Act, 1957 a person if found guilty will be punished with imprisonment for a minimum term of six months and may extend upto 3 years and with minimum fine of Rs. 50,000 and extendable upto 2 Lakhs.

Bijlani & Co.