Copyright is among the most extensive/popular, all-encompassing, and easily accessible Intellectual Property Right. It offers automatic and immediate protection to all original creations, and is also commonly referred to as the ‘People’s Right’. As a right, Copyright offers protection afforded by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Unlike patents, copyright guards expressions and not ideas. There is no copyright in an idea. Copyright only vests in the author of a work once the work is put in a material form. In general, any original work made by a person is eligible for copyright protection. Originality can be rendered to a work when the author creates the work through the application of his/her creativity and labour. Copyright comes into existence as soon as a work is created and no formal registration is required to be completed for acquiring copyright. Acquisition of copyright is automatic.
However, a Copyright in a certain specific expression can be registered. This Certificate of Registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to a dispute, in case one arises, relating to ownership of copyright. Thus, even though Copyright registration is not mandatory, it is recommended, especially for protection of certain kinds of works, and since India is a signatory to International Conventions, for example, the Berne Convention, copyright protections are equally available/accorded to works created by foreign nationals in Convention countries.
Copyright violations or infringement occur when someone intentionally or unintentionally copies or reproduces the creative work of another without obtaining the author’s prior consent, permission, or authorization, as outlined in the copyright law. This includes situations where the copying is done in violation of a contract, license, or assignment agreement with the original author. There are two types of infringement:
The procedure for registration is as follows:
We at Khurana & Khurana cater to the needs of various stakeholders like individuals, industries, rights managers, publishers, IT companies, producers and broadcasters, etc. At Khurana and Khurana, we offer comprehensive services that encompass all aspects of Copyright and Design Registrations. With the required amount of expertise and know-how, our team of advocates and attorneys offers:
Copyright Registration process might be lengthy but is a significant part of the journey of protecting your IP. It may take up to 12 months and a little bit of effort, but getting your Copyright registered is always advisable. Once registered, it becomes much easier to move to the court to defend your creation if infringed, and to prove your ownership. The Copyright Act 1957, provides for adequate compensation in the form of damages and provisions to injunct the infringing publications. We at Khurana and Khurana, apart from handling prosecution, have exemplary IP attorneys in India who have rich experience in handling contentious matters and safeguarding copyright through enforcement, including infringement, opposition proceedings, invalidations, cancellations, and anti-counterfeiting.