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Intellectual Property Rights
Copyright
What is Copyright and its significance?
Copyright is a right vested in the creation of literary, dramatic, musical and artistic works and production of cinematograph films and sound recordings. Copyright protects the expression of such works and not the ideas behind them. The author of a work which has been created and expressed in material form has the copyright vested in him for such work. Any original work created by any person is eligible protection under copyright law. Originality means that the work should have been created by author after using its own creativity and labour.
Is Copyright Registration mandatory?
Copyright vests in an original work as soon as it has been created or expressed in material form. Registration of Copyright is therefore not mandatory. However, registration of a copyright is a prima facie evidence in a court of law in respect of a dispute relating to ownership of copyright.
Why should you register your copyright?
- Public record of ownership of the copyright holder in the work.
- Acts as evidence of ownership.
- Gives you right to claim damages and prevent infringement.
Types of work in which Copyright vests
Copyright is a right vested in the creation of literary, dramatic, musical and artistic works and production of cinematograph films and sound recordings.
Copyright Filing Process
The procedure for registration is as follows:
- Copyright Application is to be made on prescribed format as provided in Form IV (first schedule to the Copyright Rules.)
- Requisite Govt. Fee has to be paid for each application.
- The application has to be signed by the Applicant.
- The Power of Attorney duly signed by the advocate and the Applicant needs to be submitted.