Thursday, June 8, 2023

Basics of Copyrights

 

Basics of Copyrights

Copyright, is a bundle of rights, which grants protection to the unique expression of ideas. Ideas per se cannot be protected; it is the expression of ideas in a material medium that is the subject matter of copyright protection. Copyright is a negative right and the owner of a copyright gets the right to prevent others from copying his work without his consent towards a commercial end. However, at the same time it gives to the author an exclusive right for the commercial exploitation of his work.


The domain of copyright extends to original literary (which includes computer programmes) dramatic, musical, artistic, cinematographic films and sound recording. Copyright assumes supreme importance for authors, artists, architects, composers, music production companies and producers, film production companies, computer programmers and designers. An author, an artist, a composer or a designer looks forward to the commercial benefits accruing from his work, apart from the intellectual satisfaction derived from creating the work. Many a times, unscrupulous traders copy best sellers, or produce pirated versions of a hit-movie or chart topping sound track and sell it at a price that is just a fraction of the original work. This in turn, eats into the commercial benefits that the author of an original work rightly expects and deserves. Copyright law comes in here and secures the interests of the author, punishes the infringer and thus provides incentive to the creation of original works. A copyright can be transferred or can be assigned or licensed for a consideration. Copyright, unlike the other Intellectual Property rights does not require any formal procedures as such and affords protection during the lifetime of the author and sixty-years thereafter.

 

Copyright Filing Requirements in India

 

Applicant’s particulars

 

·         Name

·         Address

·         Citizenship

For corporate entities

 

·         Country of incorporation

·         Nature of entity (eg. private limited company, public listed company)

 

Clear specimen of the Work (5 Copies of the Work)

 

·         Electronic Form or

·         Physical Form

 

Copyright Particulars

 

·         Form IV;

·         Statement of Particulars, in triplicate;

·         Statement of further particulars, in triplicate;

·         A No Objection Certificate;

·         Copyright Notice

·         Under Certificate of Posting

·         Copy of the work in triplicate;

·         Power of Attorney;

 

Power of Attorney

 

·         Notarized Power of Attorney (must be filed at the time of filing the application).

 

 

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