Copyright Archives - Business , Financial & Legal Consultant In India

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.

March 18, 2019

Assignment of copyright in India

Copyright is a unique kind of Intellectual property Rights. It gives exclusive right to a person to reproduce the work or that person can authorise another person to reproduce the work by way of assignment. But there should be some amount of creativity and originality in the said artistic work.

Crucial points that are included in case of Copyright assignment and they are as follows-

The ownership of the copyright may be transferred wholly or partially.
While transferring the copyright to third person, then the owner must specify the amount of copyright assignment.
The assignment of copyright is valid only when it is in writing and signed by the assignor or his authorized agent.
The rights of the assignor of the copyright shall be diluted to the extent of the rights assigned to the third parties.
The rights of the assignor in the copyright shall be diluted to the extent of the rights assigned to the third party.
The assignment deed shall specify the territorial extent of such assignment.
The assignment deed must specify the assigned rights and royalties to be paid.
The assignment agreement shall be subject to revision, extention or termination on terms mutually agreed upon the parties.
If the assignor fails to exercise his rights within one year of the assignment, then it is deemed to assignment deed to be lapsed.
In case the assignment undertaken is in contrary to the terms and conditions of the rights already assigned to a copyright society to which creator is a member, it shall be deemed void.
In case of a manuscript, a copyright is a personal property of the owner, that can be transmitted through testamentary disposition.
The equitable assignment is just the agreement to assign and not the assignment.
After the assignment the assignee will get the rights of translation, abridgement, adaptation, dramatic and filmmaking in the work.
To repeal the work the creator is required to give the notice of the same in the prescribed format along with the prescribed fees to the registrar of copyright or by way of public notice. As soon as the registrar will receive this notice, he is required to publish it n the official gazette. Within 14 days of publication, the registrar shall post the notice on the official website of the copyright office, so that such notice remains in the public domain for not less than three years. Such right shall cease to exist from that day of notice.

Contact BIATConsultant for online 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.