Copyright Portfolio

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.

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.

Essential Documents:

  • 3 copies of a published work, and details of publications.
  • 2 copies of a manuscript, if the work is unpublished
  • Authorization of the original author, in case the work is not of the applicant
  • Details of title and language of the work
  • Details of name, address and nationality of the applicant
  • If the work is to be used on a product, an NOC form the Trademark Office
  • If the work contains another person’s photograph, an NOC from such person(s)
  • In case of a Computer Programme, the Source Code and Object Code of the creation

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
  • Representing clients before the Copyright Office and the High Courts in connection to the Copyright
  • Conducting Due Diligence Investigations to ensure clients are not in breach of third party rights, including but not limited to 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
  • Guiding clients on issues of customs’ recordals and parallel importation
  • Expertise in analysing overlapping IP rights
  • Drafting take-down notices
  • Managing Online Content

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.