Copyright, is the most extensive, all-encompassing and easily accessible Intellectual Property Right. It offers automatic and immediate protection to all original creations. Also called the ‘People’s Right’, it is a 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 own 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 the 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 to works created by foreign nationals in Convention countries.
The procedure for registration is as follows:
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:
The Copyright Registration process might be lengthy but is a significant process in the journey of protecting your IP. It may take upto 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.