Copyright Archives - Business , Financial & Legal Consultant In India

November 2, 2020November 2, 2020

.The Methods Involved in Song Copyright in India

Merely composing a song will not suffice as it has to be secured from violation as well. To safeguard your song from being used by your competitors or rivals is also quite critical. Copyright registration is an ideal tool to safeguard your creative work. In this write up, we will strive to provide detail regarding the procedures revolving around song copyright in India.

What do you mean by copyright registration?

Copyright Registration in India happens to be an intellectual property right provided by the law to authors of literary works. Also to, music, drama, other creative works, producers of cinematograph movies, and sound recordings. Having a copyright registration for your works comes with a lot of benefits such as the rights of copying, information to the public, modification, and interpretation of the work. The chief objective of the registration is to reward the creator or author for their work by offering better safeguards against infringement. Further, as a good news for every song author or producer at present they can even protect their song’s lyrics and music.

Merits regarding Copyrights

Nobody will be able to violate your work in any way, be it a company or any other business.

The copyright registration certificate comes across a genuine piece of document and remains active for the lifetime of the owner plus sixty years.

Infringing upon someone’s work is an offense liable for punishment and a police complaint can put an end to it.

If violated, a civil suit can be filed at the location of the owner of the copyright.

Also, anybody is allowed to copy any material report like the filing of it in any medium including automated or electronic means.

To create any cinematograph film or sound recording regarding the work. This pertains to the arrangement of your work.

If it is with regard to a computer application or program, the rights also include to sell or give on hire, any depiction of the computer program.

Documents needed to Copyright a Song

In order to furnish an application pertaining to songs copyright, the NOC of the publisher/producer/author/composer and the others linked with the creation of a song should present them.

Two original and similar samples or copies of the work.

The Methods Pertaining to Songs Copyright in India

Application filing

The first step involved in the procedure of copyright registration is to apply online via the portal of a copyright attorney. The application can be registered by the candidate or any other person authorized by him or her. As for the application record, the characteristics of the copyright and its information will be documented properly together with the number of fees. Also, post successfully submitting the application, a diary number will be created.

Unsuccessful Formality check

After the acceptance of an application to the department, it has to go through an examination or check as a formality. The examination is performed to assure the important requirements of 2 copies of work. Further, if the statement fails to qualify in the formality check, a letter seeking to meet the requirements will be given to the applicant at his/her delivery address.

Period of Waiting

In case the application or request moves from the second stage devoid of any problem, it will be free or can take any kind of objection from the person. Also, this is particularly for those who claim or have any kind of inclination in the matter regarding the copyright for 30 days. Also, if no objection has its allowance, then the application will have another preparation according to first come first serve basis.

Hearing process

If there is an objection regarding the copyright, a report will be given to both the people. Post receiving the reply, a hearing will be documented by the registrar. Also, in the hearing, both parties get an opportunity to raise their view points. If the form is received, it will again be transferred to the auditor for checking.

Registration Given/ Denied

In the end, the application will go to the registrar. If he is dissatisfied, the application can be rejected. Also, the notice will be given to the applicant. However, if the registrar is happy with the application, he gives his ascent for the same and dispatches extracts of the same to the applicant. After this, you will have exclusive rights over your songs.

Copyright with Vakilsearch

Vakilsearch assists you to copyright your songs in 3 simple steps –

A good check of the files that you sent us will be done

An application is made and then filed

Our experts update you constantly throughout the processing of your copyright application.

Finally

So, to protect your work from violations or infringements, copyright registration is a must. Don’t waste your time just do it immediately.

February 29, 2020February 29, 2020

How to use Copyrighted Content?

Copyrighted content is a content on which owner has the exclusive right over the work. To need this protection, one has to undergo with the copyright registration Process. It is regulated by the Copyright Act, 1957. Copyright Registration grants the right to the creators of Literary, Artistic, Dramatic and Musical and the producers of cinematographic films and sound recording.

How to identify the owner of the copyrighted Product?

As we all know that copyright protection is only given to those people who have made or created original work of their own. It is therefore always advisable for every person who is willing to copyright their product is to always take expert advice regarding their product who can help them in a better way.

How to use Copyrighted Content?

Now you must be thinking that whether you require the permission to use Copyrighted content or not. Then let us inform you that you may come across either of the cases-

There are basically two instances of using a copyrighted content- when prior permission is required to use a copyrighted content.
When no permission is required.

Cases where no Permission is required-

If the copyrighted content is already in the public domain, then anyone can use it without any prior permission. Public domain means that the owner has not taken copyright protection from the Registry, therefore it is open for everyone to use the Copyrighted content.
Whenever work is released under open License, For example, creative commons, then that work can be used by anyone, as long as you comply with the terms of their copyright License.
There is no need to get permission from the owner of the work if that work falls under the category of fair use. It may be a tricky business, therefore it is always advisable to take some expert advice on these issues.

2. Cases when permission is required-

We all are creating copyrightable content knowingly or unknowingly. For eg. by writing an email, blogs, clicking a selfie etc. finding a copyright owner may become a tricky business. Now let’s take a look, what needs to be at the time of finding the copyright owner.

Whether the creator of the work is alive or not, to use their product it is mandatory to take their permission before using the copyrighted content.
If the creator of the copyright has already assigned or transfer the wok to someone else like a record label, publisher or created work as a part of their job, then you need to contact the entity. You could always contact the licensing department to seek permission.
There are certain organizations, to which the creator of the work can subscribe to get royalties on their work. These organizations are known as Performing Rights Organization (PRO) and Reproduction Rights Organizations (RRO). PROs deal with the publicly related work on the national level, such s music. RROs deal with the work such as technical, medical and cultural work on the national and international level.
If the author of the work dies then it is automatically transferred to the legal heir of the creator. But it is not easy to track down the family members of the author.
Here are orphan works are also available in the market, whose rights holder cant be determined and it seems impractical to establish the inheritance rights in these cases. Or the rightful owner was never aware of the rights of the copyrighted work.

Conclusion

So for the next time, if you intent to use copyrighted work, then you must go through the guidelines which are provided above to reach the copyright owner. For any assistance regarding copyright work. Kindly contact BIAT Legal.

July 14, 2019July 14, 2019

Copyright Registration in India

Copyright Registration gives exclusive right to the creator of original work. Copyright is an exclusive right given to the original creator of Literary, artistic, musical or dramatic works and to film producers as well. It also includes rights related to reproduction, communication to the Public, translation of work. It safeguards the authors for their creations, thereby protecting their creativity.

Any type of work cannot be copyrighted as it does not give protection to ideas, concepts and Brand names, and Domain names i.e. any work which are in intangible form cannot be copyrighted.

Trademark protects products which are used to differentiate the products of one with the product of anther. It includes word, logo, symbols and Brand Names.

Copyright Registration can be done in relation to published or non published work. In the case of Registered unpublished work a manuscript is required to be sent along with the application for affixing the stamp in proof of the work having been registered. If two copies of the manuscript have been sent then one copy of manuscript duly stamped will be returned while the other copy will be retained by the office for record purpose and will be kept confidential. Inteda of a manuscript an applicant can also send the extracts from the unpublished work and can ask for the return after being stamped with the seal of corporate office. After that Applicant may apply for the changes in the register of copyright with the prescribed fees.

Registration procedure

For the purpose of registration of copyright an application can be made in a prescribed format as prescribed in the first schedule of the rules.
An application shall be made with the requisite fees prescribed.
An application must be signed by the applicant in whose favour the power of attorney has been executed.
The separate application is required to be filled for the registration of each wok.

Filing of an Application

Once Application is submitted then the applicant has to wait for the mandatory period of 30 days for any objection to come from Registry side.

If within the said 30 period no objection comes then application shall be filed then the application shall be examined by the examiner or in the case of any objections raised by the examiner for any further documentation required.

After the objection are overcome to the satisfaction of the copyright office, a Copyright Registration Certificate is issued.

A term of Copyrighted Granted

The term of protection granted to the copyright owner depends on the type of work that needs to be protected. Copyright protection granted in relation to literary, musical, dramatic or Artistic work which extends to the period of the lifetime of the author and 60 years from the year in which the author dies.

July 13, 2019July 13, 2019

Can You Copyright A Recipe ?

Can you Copyright a Recipe?

Yes sure, Recipe can be in various forms- from Grandma’s best chocolate cookies ever to that world renowned chef secret signature sauce that no one is able to figure out.

Here are the steps which you may or may not know about what it takes to copyright a recipe.

Ingredients of a copyright?

General copyright law protects any original work that are in tangible forms of expression such as Books, a script, or a CD. while these categories are broad, there are many categories of material that cannot be copyrighted.

Things that can’t be copyrighted includes work that are not in tangible forms, such as Ideas cannot be copyrighted, and things that are considered as common property with no originality ( basic instruction on how to boil water, for one or standard calendar).

A Pinch of Creativity

Copyrights are meant to protect original, creative works. The courts are split on whether or not ba recipe is considered as creative. Or rather, whether recipes are sufficiently creative enough to warrant protection under copyright law. Some may see recipes as just a listed process for how to make an edible item, rather than an expression of an artist 9 i.e. the chef or cook) and her activity and passion for food.

To what extent individuals recipes are actually protected are not entirely clear. However, recipes book or collection of recipes are more likely to receive copyright protection as they are in tangible form and can be considered an original, creative work.

For that one single, delicious, ( and uniquely brilliant, expressive etc.) recipe that you are holding onto, however it’s unfortunately not going to receive much protection if you attempt to secure a copyright for it. You may want to hold onto it for now, and revisit the copyright issue once you have a collection of recipes you are ready to dish out to a public.

BIATLegal can help people to help out to find out the literary, artistic, dramatic or musical work that can be copyrighted and can help in its registration.

May 1, 2019

Using Copyrighted Music In Videos: When Is It legal?

Copyright Law is one of the most grayest area of internet and violations happens more often than a troll comment gets posted on Youtube. Well may be not, Copyright laws can be quite complicated and confusing to navigate if you don’t know how laws are applied to your particular situation.

Often creators don’t even realize that they are actually violating the copyright laws. Following are the steps which can help individuals to earn money from the works you produce.

In this blog we will discuss, legal implications of using copyrighted music in your videos, and confirm royalty free, public domain options.

What Audio can you use and when?

The easiest way to avoid copyright violations is to create 100% original content. But what about using sound effects or a soundtrack in your video? Whether an individual can use soundtrack in their videos hassle free?

Examples would include having the entire track from Justin Bieber’s Baby playing in the background of your latest video. To that end any person can use these videos but prior permission is required to be taken from their original creator if the song is already in public domain.

When is it ok to use Another creator’s work?

It is a complicated topic but if you want to use music that someone else has created then you will need to know the legal implications of doing so. Obtaining permission really depends on the specific piece itself and whether it needs a License or not?

In the purest sense, the only time that you do not need to secure special permissions to use a work is when what work is in public domain. Some older work have made their way into public domain and according to the public domain information projects that includes: any song or published work published in 1922 or earlier is in public domain then taking of permission is not needed in USA.
If the work is already in public domain then you will need to obtain the license to use the work of original creator.

Following sites can be used for royalty free and there are websites available for it:-

Royalty free is attractive because the legal responsibilities with it are completely minimized. It is the closest you can get to the Public Domain, yet still retain some legal rights if you are the original creator of the song. The nice thing here is that your music or work can become widely used and gain exposure for original creator, yet it benefits the public at large with a fress service. These works re free and allow you to work or use them without penalty or fees. Each site may have some stipulations on the way in which you use the work, so be sure to use the type of license they grant. Some good examples of Royalty free sites are as follows:-

The Public Domain Project
Youtube Audio Library
Incompetech.Com
Audio Micro
FreePD.com
www. Audionautix.com

May 1, 2019

How to avoid copyright infringement when creating you android app content

When you decide to create an Android app, it is important that your content is interesting, entertaining, or informative else you will find no one wants to actually use you app.

It is very simple to look into the vast amount of content on the web and simply copy it to you own app. However, have you considered the fact that this is illegal? Today in this blog we will discuss things about Protection from Copyright Infringement while creating you Android app content.

What is Copyright?

Copyright means that the work which is created by the holder is creative and must be original piece of work, be it a written article, a photo, a song or a game, only you have the right to reproduce the work or to give permission to someone else to use your work. You cannot claim copyright on a fact or an idea unless the idea has been published or is in a written format.

How can you avoid infringing on copyright laws

Create your Own Content- his is a simple answer, if you write your own content and use your own images you will not be infringing upon anyone’s else’s work, not only that you will be producing work that you will have rights over.

Give Credit- even if you are writing in your own words, many ideas and thoughts are based upon other’s ideas and thoughts, it is always recommendable and appreciable that you give thanks to your sources so that in future they cannot claim for not taking the prior permission from them.

Public Domain- The internet is widely accepted as a public domain due to its vast audience, however, this where people are mistaken. The contents provided on the internet are still protected by Copyright laws and it is important to take permission from the original holders.

Fair Use- If you are using snippets of an article, video, or image to get an idea across then this may be seen as using the materials within the powers of free speech in order to get you ideas of views across. This means that you are not replicating the works, but you are only using these work for only background purposes and not for commercially exploiting. For Eg. Copying of Book for a research purpose never comes under copyright infringement as an individual is not using for commercially exloiting it.

February 2, 2019

What Is International Copyright And How To Register International Copyright

Copyright is a protection which is given to people or entiuties who want to take protection under Literary work, cinematographic work, Sound recording, Artistic work or in computer software in India or outside India. It encourages development of culture, science and innovation., along with assiting audiences with acess to the entertainment or knowledge they seek.

For those people who wants to seek copyright protection outside India, for those there is one Treaty named Berne Convention which is signed by various countries according to which copyright protection can be taken in various countries by filing single application.

According to Berne Convention for the protection of Literary and Artistic Work.- which was adopted globally in the year 1886. This safeguards the rights of creative individuals with regard to the work they produce.

There is anither convention named Universal Copyright Convention (UCC) which was adopted global;ly in the year 1952 in geneva and serves as an alternative to the Berne convention for the sttes which did not sign it but invested in participating in the multilateral copyright protection.

Trade Related aspects of Intellectual Property rights or TRIPS is global agreement overseen by the world Trade Organization. It lays minimum satndards for many forms of Intellectual proerty organization that is applicable to the citizens belonging to other WTO members.

Then again we have Indian Copyright Laws in place too they only provide pcopyright protectionh to the person in India only i.e. within the geographical and political borders of India.

December 21, 2018

How to copyright a logo and a name in India

In India Copyright can be protected by either Copyright Registration or Trademark Registration process. There are different sets of steps which are required to be followed for obtaining the Trademark and Copyright Registration which we will discuss in the course of this blog.

By obtaining Copyright Registration and Trademark registration Brand value of a product is being protected. How to copyright a logo is itself confusing among the consumers.

Let us first clear the biggest misconception that logo and names can be protected with the copyright registration. Although the Brand name and a logo can be registered under a Trademark Act. therefore Copyright Registration cannot be sought or done with the Name of the Brand, but the logo can be done or protected under both Copyright and a Trademark, since it comes under Artistic work and therefore it can be protected under both Copyright and Trademark.

Let us discuss the procedure of obtaining the Trademark registration in India for the Brand name and the logo. Here are the steps which are involved in this procedure-

Firstly we do Free Trademark search of the Brand name to check that whether that brand name name is available or not. A name is available when a similar name or logo is not already registered.
Then Application is to be made by our professionals for the Trademark Registration and shall be filed with the department.
The there is mandatory waiting of 30 days in which in case of any discrepancies objections can be raised from the registry side.
Then once the Application is accepted by the registry the it will be published in the Journal for a total period of 4 months. During this period the third party opposition will be invited.
Then finally Trademark Registration is being done by the Registry if there is no Opposition from the third party.

In the same way you can make application for the protection of the logo under Trademark laws. After getting Trademark registration following steps has to be taken for Copyright Registration of the Logo. for Copyright registration following steps has to be taken:-

Firstly Copyright search has be conducted.
Then Application is to be made for Copyright Registration.
The same 30 days mandatory wait is to be done for objections to come from the Registry.
In case no objection the application is further forwarded to the examiner.
If no discrepancy is found then registration of copyright is approved.
Finally certification of registration of Copyright is granted to the Applicant.

Conclusion

In any case you are required to obtain the Trademark registration in India for both the logo and the name. But of you believe that your logo consist of some unique creation make sure to protect it with Copyright Registration in India.

November 26, 2018November 26, 2018

How to apply for Copyright Protection in India?

For registering Copyright Registration in India an Applicant must file online Application with the Copyright office. The Applicant must consist of relevant information and shall be filed along with the prescribed fees and documents.

Copyright is a kind of Intellectual Property Rights and it helps to protect the creation of the creator of literary, dramatic, musical, artistic and Cinematographic work. Copyright in India is governed by Copyright Act, 1957 along with the Copyright rules, 2013.

Step by Step procedure for Copyright protection in India-

To begin with the procedure of Copyright Registration in India an applicant must must create his user id on the official portal of Copyright by filing his basic details.
After the successful registration the applicant must login to the official portal for Copyright.
Then after logging in screen will appear in which option for E-filing will appear.
Then finally the Copyright Registration form is required to be filled up in four parts as specified below and and after completing each step the next button must be pressed i.e. form XIV must be filled by the Applicant and submitted and move on to the next step.
Then an Applicant is required to complete the particulars mentioned in this form and then press save button. In this the details about the creation must be filled like nature, description, class of work etc.