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COPYRIGHT PORTFOLIO

PROTECTING CREATIVITY COPYRIGHT LAW IN INDIA

Safeguarding authors rights, copyright protects original works from unauthorized use, supporting creators worldwide.

A copyright is a legal right that protects original works of authorship, including literary, artistic, musical, and audiovisual creations. It grants the creator exclusive rights to reproduce, distribute, perform, display, and adapt their work, ensuring that their creative efforts are recognized and compensated. Copyright exists right from the moment a work is created, and does not typically require formal registration.

In India, copyright protection is governed by the Copyright Act, 1957 (as amended), which provides a comprehensive framework for registration, enforcement, and dispute resolution.
 
Why Copyright Registration is significant? 

While copyright exists from the moment a work is created, registration is significant because it provides conclusive evidence of ownership and strengthens your legal standing in disputes. This additional protection not only preserves the integrity of your creative works by preventing unauthorized reproduction and distribution but also safeguards your economic and moral rights, allowing you to monetize your creativity and build a reputable brand in the competitive creative industries. Whether you are an individual creator, a publishing house, a media company, or a business relying on original content, robust copyright protection is fundamental to your success.
 
Qualifiers for Copyright Protection

For a work to qualify for copyright protection, it must meet three qualifiers:

  • Originality: The work must be the product of independent creation and exhibit a minimal degree of creativity. This means that the work should not be a mere copy of existing content, but should reflect the author's own creative effort.

  • Fixation in a Tangible Medium: The work must be fixed in a physical or digital form, such as written on paper, recorded in audio or video format, or stored digitally. This fixation makes the work perceptible and `reproducible, which is essential for legal protection.

  • Copyrightable Subject Matter: The work must fall within the categories recognized by copyright law, such as literary, artistic, musical, or dramatic works. Ideas, procedures, methods, or systems are not protected—only the original expression of these concepts qualifies for copyright.

 
Our Approach

At Khurana & Khurana, our dedicated team of copyright experts combines legal precision with creative insight. We work closely with authors, artists, publishers, media professionals, and IT firms to ensure that every aspect of your copyright is managed effectively—from initial registration to ongoing enforcement and commercialization. By handling the administrative complexities, we allow you to focus on what you do best: creating outstanding work!
 
We offer end-to-end copyright services designed to protect your creative assets and maximize their commercial potential. Our comprehensive offerings include:

 

  • Copyright Registration: We assist in the preparation and filing of copyright registration applications with the Copyright Office, ensuring that your work is duly documented and protected. Our process includes the accurate categorization of your work and compilation of necessary evidence to support your claim.

  • Copyright Enforcement & Litigation Support: Our experienced legal team helps you enforce your copyright rights by drafting cease-and-desist notices, negotiating settlements, and representing you before the Copyright Office and the High Courts, when necessary. We work diligently to secure injunctive relief and claim damages for any unauthorized use of your work. We have exemplary IP attorneys in India and abroad with extensive experience in managing contentious matters and protecting copyrights through enforcement actions, including infringement, opposition proceedings, invalidations, cancellations, and anti-counterfeiting measures.

  • Due Diligence & Comprehensive Audits: We conduct thorough investigations and audits to ensure your work does not infringe on third-party rights and to identify any overlapping intellectual property issues.

  • Online Content Management & Take-Down Notices: We assist in managing online content and drafting take-down notices to combat unauthorized use.

  • Search & Seizure Support: We provide robust assistance with legal operations, including search and seizure, to further protect your copyright.

  • Licensing & Commercialization: We advise on strategic licensing and commercialization opportunities to monetize your copyrighted works. Whether you are looking to license your content, collaborate on multimedia projects, or explore digital distribution, we help structure and negotiate agreements that safeguard your interests and drive revenue.

  • Portfolio Management: For organizations with multiple creative works—such as publishing houses, media companies, or large content producers—effective copyright portfolio management is essential to maximize the value of your intellectual property. While copyright protection arises automatically upon creation, managing a portfolio enables you to continuously monitor your works for unauthorized use, optimize licensing opportunities, and strategically enforce your rights. Our team conducts regular audits, provides actionable insights, and ensures that your creative assets are well-protected and positioned for enhanced commercial value.

 
📩 For expert guidance on copyright registration, enforcement, and portfolio management, please contact us at info@khuranaandkhurana.com.
 
Download PDF for more information:

ESSENTIALS FOR COPYRIGHT PROTECTION

Originality, authorship, and a tangible form are key to securing copyright.

Originality

Work must originate from the author and involve more than trivial effort; mere copying isn’t enough.

Copyrightable Subject Matter

Includes books, programs, compilations, and adaptations; excludes titles, slogans, forms, and recipes.

Tangible Form

Work must be fixed in a physical or digital medium.

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KEY REQUIREMENTS FOR
COPYRIGHT REGISTRATION

  1  

Application Form XIV

Includes Application/Declaration Form, Statement of Particulars.

  2  

Separate Applications

Required for each work, with applicable fees.

  3  

Signatures

Applicant’s signature on all forms.

  4  

Power of Attorney

Required if applying through a representative.

  5  

Copies of Work

Provide two identical copies.

  6  

For Software

Include Source and Object Code in machine-readable format.

  7  

Work Details

Title, language, applicant's name, address, nationality.

  8  

No Objection Certificate

Needed in specific cases.

RECOGNIZING COPYRIGHT INFRINGEMENT

Copyright infringement occurs when a work is copied or used without permission, violating the author’s rights. Primary infringement involves direct unauthorized use, while secondary infringement enables others to infringe by providing tools or services. Both can lead to serious legal consequences.

Primary Infringement

Directly reproducing, distributing, or displaying a copyrighted work without authorization.

Secondary Infringement

Enabling infringement by providing equipment or services used for unauthorized reproduction or distribution.

Consequences

Both types breach copyright law and may result in legal penalties.

COMPREHENSIVE COPYRIGHT SOLUTIONS BY KHURANA & KHURANA

Khurana & Khurana offers expert copyright services for diverse stakeholders, from filing registrations to enforcing rights. Our attorneys provide thorough legal guidance in licensing, litigation, and online protection to safeguard your intellectual property.

Copyright Registration Assistance

Filing and prosecuting copyright applications.

Licensing & Agreements

Advising on licensing, sale, and purchase contracts.

Cancellation & Court Representation

Handling cancellations and representing clients in court.

Due Diligence Investigations

Ensuring compliance with third-party rights.

Litigation & Enforcement

Strong expertise in civil and criminal copyright enforcement..

Search & Seizure Operations

Assistance with protective search actions.

Customs & Import Issues

Guidance on customs records and parallel imports.

Online Content Management

Drafting take-down notices and managing online copyright.

Copyright registration is essential for protecting intellectual property and simplifying legal defense in case of infringement. It proves ownership and allows for damages and injunctive relief under the Copyright Act, 1957. Khurana & Khurana's expert IP attorneys handle prosecution, infringement, opposition, invalidation, cancellations, and anti-counterfeiting actions.

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