Copyright Portfolio

Copyright is the most pervasive, inclusive and freely accessible intellectual property right. One may go so far as to call it the ‘people’s right’, for the contemporaneous and automatic protection it affords to all original creations. Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea. Copyright vests in the author of a work once the work is created in a material form. The author must have written down or recorded the creation in a material form for copyright to come into existence. In general, any original work made by a person is eligible for copyright protection. Originality refers to the fact that the author must have created the work through the application of the author’s own creativity and labour. In addition, the work that is to enjoy copyright protection must have been reduced to a material form. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. Acquisition of copyright is automatic and it does not require any formality. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright. Thus even though Copyright registration is not mandatory, it is recommended for the protection of certain kinds of works. Since India is a signatory to International Conventions like the Berne Convention, copyright protections are thus equally available to works created by foreign nationals in Convention countries.

Filing Requirements:

The procedure for registration is as follows:

• Application for registration is to be made on Form IV ( Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules.
• Separate applications should be made for registration of each work.
• Each application should be accompanied by the requisite fee.
• The applications should be signed by the Applicant.
• The Power of Attorney signed by the party and accepted by the Advocate should also be enclosed.

We at Khurana & Khurana cater to the needs of various stake holders like individuals, industries, rights managers, publishers, IT companies, producers and broadcasters, etc. 
Our practice offers:

• Assistance on filing and prosecuting applications to register copyright, advising on agreements for the licensing, sale or purchase of copyrighted material, handling cancellations of copyright and representing clients before the Copyright Office and Board in connection with such activities;
• Conducting due diligence investigations to ensure clients are not in breach of third party rights, such as software licences;
• Strong capabilities in enforcing copyright – litigating civil and criminal suits and pursuing administrative remedies before various courts and tribunals in India; assisting with search and seizure operations; and guiding clients on issues of customs’ recordals and parallel importation;
• Expertise in analysing overlapping IP rights, drafting take-down notices and managing online content.