copyright registration Archives - Business , Financial & Legal Consultant In India

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.

January 13, 2019

Assignment of Copyright in India

Copyright is a unique kind of Intellectual Property right which gives protection to original creator or author. Copyright is an exclusive right to reproduce or authorize another to reproduce artistic, dramatic, literary, or musical works. It is essential that work must show a minimum level of creativity and originality.

Once the copyright is registered by the owner that cannot be reproduced or published without the permission of the creator.

Also Read : How To Apply For Copyright Registration In India ?

Crucial points for Copyright Assignment

The ownership of the copyright may be transferred wholly or partially.
While assigning copyright to the third party the owner must specify the amount of copyright. And that third party cannot further assign that copyright without the permission of the owner.
In case the assignment of copyright will take place in future then that assignment shall take effect only when the work comes into existence.
The assignment of copyright is legally valid only when it is signed by the assignor or by his authorised signatory.
The rights of the assignor of copyright shall be diluted to the extents of the rights assigned to the third party.
The assignment deed shall specify the territorial extent of such assignment.
The assignment shall further specify the assigned rights and the amount of royalty paid.
The assignment agreement shall be subject to revision, termination, extension on terms mutually agreed upon parties.
In case the assignee fails to exercise its power within 1 year of assignment then the assignment in respect of such right shall be deemed to be lapsed.
If the assignment is contrary to the assignment which is being mutually agreed by the parties then it shall deemed to be as void.
In case of Manuscript, copyright is a personal property and if it is to be transmitted then it can transmitted by testamentary disposition.
The equitable assignment is just the agreement to assign and not the assignment.
After the transmission of the copyright the assignee will get right of translation, adaptation, dramatic and filmmaking in the work.

The basic motive behind the introduction of copyright assignment is to give benefits of ownership and distribution to the creator of the work , however the copyright assignment cannot be used to deprive the original creator of his original creation.

July 27, 2018

What Does Copyright Protect?

Copyright is a form of Intellectual property Rights which gives protection to original work of authorship including literary, dramatic, musical, and Artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operations, although it may protect the way these things are expressed. You can refer circular 1, copyright basics, section “what works are protected”.

Can I Copyright My Website?
The original authorship appearing on the authorship can be protected under Copyright. This includes writing, artwork, photographs, and other forms of authorship protected by the copyright. Procedures for registering the contents of a website may be found in circular 66, copyright registration of website and website content.

Can I Copyright My Domain Name?
Copyright law does not protect domain names. The internet corporations for Assigned names and numbers (ICANN), a non-profit Organization that has assumed the responsibility for domain name system management, administers the assigning of domain names through accredited registers.

How Do I Protect My Recipe?
A mere listing of ingredients cannot be protected under copyright law. however, where a recipe or formula is accompanied by substantial literary expression in the form of an explanations and directions, or when there is a collection of recipes as in a cookbook, there may be a basis of copyright protection. Note If you have some secret ingredient in your
recipe then you should not give that recipe for registration as applications and deposit copies are public records.

Can I Copyright The Name Of A Brand?
Brand names are not subject to copyright, although brand names gets protection under Trademark Law.

How Do I Copyright My Idea?
Idea, concept, systems, or methods of doing something cannot be protected under copyright law. You may express your ideas or your concept in writing then you might get protection under copyright law.

Does My Work Have To Be Published To Be Protected?
Publication is not necessary for copyright protection.

How Can I Protect My Sighting Of Elvis?
Copyright law does not protect sightings. However, copyright law will protect your photo, of your sighting of Elvis. File your claim to copyright online by means of Electronic Copyright Office. Pay the fees online and attach a copy of your photo. No one can lawfully use of your photo of your sighting, although someone else can file his own photo of his sighting.
Copyright law protects the original photograph, not the subject of the photograph.

Does Copyright Protects Architecture?
Yes Architecture work is subject to protection under copyright law since December 1, 1990. The copyright law defines Architectural work as “ the design of a building embodied in any tangible medium of expression, including a building, architectural plans, or drawings”.
Copyright protection extends to any architectural work created on or after December 1, 1990.
Also any Architectural work that were unconstructed and embodied in unpublished plans or drawings on that date and were constructed by December 31, 2002, are eligible for protection.

Can I Get Star Named After Me And Claim Copyright To It?
No, there is a lot of misunderstanding about it. Names are not protected by copyright. Publishers of works such as a star registry may register a claim to copyright In the text of the volume or book, containing the names, the registry has assigned to stars, and perhaps the compilation of data, but such a registration would not extend protection to a any other individual star names appearing therein. Copyright registration of such a volume of star
names does not confer any official or governmental status of any of the star names included in the volume. For further information on copyright protection and names, see circular 33, works not protected by copyright.

BIATConsultant is legal consultant who can provide you expert advice together with aids in copywriting you of any things as required by our expert team of legal experts .