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

November 27, 2020November 27, 2020

Things to remember while filing reply to copyright objection

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Introduction

Copyright happens to be the sole right of ownership of the creator for their piece of work. In order to legalize copyright, registration is a must. While registering, if there are any objections in the claim of ownership or in the event of any discrepancies in the application, the applicant will be duly informed. To the same, the applicant needs to respond to the objection pertaining to copyright. This write up helps you in replying to such a notice.

Method of Registration

The Copyright Act, 1957 and the Copyright Rules, 2013 guide the Copyright Registration procedure in India. Any real or authentic or original artistic endeavor, be it cinematographic film or music composition or literary/dramatic work or sound recording or software, can be sought protection from violation through copyright, however, the work must be the result of your organic creation. The necessary fee has to be part of the application meant for registration. Also, the application should have the essential signatures and Power(s) of Attorney.

As for objections, 30 days waiting period applies, post filing. In case of no objections, the authority will forward the application to a scrutinizer. The registration process comes to an end with the scrutinizer not finding any hiccups in the application.

The whole process can take 8-9 months, depending on objections and discrepancies.

Objections and Inconsistencies

A copyright objection comes up if a third-party files an application saying the work resembles an old or already existing idea belonging to them. Both the parties then want a reply to copyright objection to clarify the issues raised, and get the outcomes in letters. In some cases, the Registrar may call for a hearing where the registration could either be accepted or rejected. The applicant then waits for 30 days of submission for any objection(s) regarding the work.

A copyright discrepancy occurs when the copyright department finds causes to put a query on the application in the form of letters to the applicant in exchange for an explanation during the course of the examination. An objection could be hoisted for a lot of reasons such as no uniqueness or any wrong particulars being identified by the copyright evaluator.

Replying to an Objection/Discrepancy is a must

After a detailed scrutiny, the Registrar tells the applicant about the presence of objection(s), if any, and seeks documents to confront the same. Also, it is mandated by law to file a query to the copyright objection letter. In case of no response, the Registrar could annul the copyright application and term it ‘rejected’. In order to bypass such rejections and get the legal rights to one’s work, a swift response is very essential.

The Response

The feedback to a copyright opposition or discrepancy letter happens to be a legal document. Writing the same needs fundamental legal knowledge and drafting skills. But, there are two manners, to respond – by the creator himself if requisite knowledge and skills needed to provide an explanation regarding their work are there or by getting the services of a legal team to do the same.

We suggest seeking professional help, as the response to an objection/discrepancy notice is a legal document and the ownership is at stake.

However, there is no basic structure with regard to drafting a response to a copyright objection letter, there are some things you should possess:

Attach documents with the reply
Copyright Registration Application Copy
Affidavit for the reply, if needed
Documents substantiating reply
Power of Attorney by the Applicant
Copy of discrepancy letter issued by the Registrar

Depending on whether or not the Registrar is happy with the supporting documents of the response letter, a hearing could be scheduled.

The reply warrants professionalism to the core as the result of the copyright objection can have severe consequences on your personal life. The reply given to copyright objection is only a formality and does not assure the registration of one’s copyright.

Also, while drafting the response, the creator has to check with the relevant department at the Registry to ensure that process is completed quickly. If an objection is filed, it takes up one month more to ascertain whether the copyright can be registered or not. Additionally, as getting copyright is critical to legally prove ownership, utmost caution is needed to ensure good outcome with the Copyright Application. Hence, do not hesitate to avail legal aid whenever required.

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.

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 .

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.

December 20, 2018December 20, 2018

Types of Copyright in India

Copyright is a a form of intellectual Property which gives exclusive right to the Authors and creators of original work, and also it gives economic rights to the author which includes right to Copy or publication of a work, or any substantial part of asset.

Copyright of literary work

Books, poems and all literary work which is written by a author must take copyright of it because just writing the book and saving it in a Computer or hard disk does not make you a legal owner of that Book. therefore it is important to take copyright protection of each and every Literary work which is your original creation to do copyright of the same.

Copyright of Cinematography

Visual Collection of any moving object with sound is termed as Cinematographic film. It takes or requires lot of hard work to produce a cinema, and therefore there are lots of people who are involved in its production. And therefore the Producer of it can claim for the copyright of a Cinematographic Cinema. There are certain rights which are provided to the Producer and they are as follows:-

To sell or resell it or give it on hire
To make a copy, Photograph or produce it in parts.
Producer is the only person who will publish the film in public and in that sound recording of a movie is not covered.
Also the artists, the movie is not protected by the copyright of the film.

Copyright of Painting

Painting is an Artistic work and can be copyrighted, whoever makes that painting is said to be the original creation of that person.the person who buys a painting from an exhibition is not said to be the original creator of that painting unless that person has granted no objection certificate from its original creator.

Copyright of a Software

Software Developer uses Software Copyright and proprietary software companies to prevent unauthorised copying of their copyright.

Points of Copyright to keep in mind while remixing a song

Remix of a song is costlier to do a copyright of a song as Remix of a song is just a mix of songs which already there in market and not the original work of the creator.

There are certain issues which are faced in Copyright of a Music

Reproduce work in any form
Issue copy of the work
Perform the work in public
Make any films
Sound recording in the work
Translation of that work

November 25, 2018

What Is Procedure Of Copywriting A Song In India ?

Once a song is made it is very important to copyright the same as soon as possible in order to protect it from infringement. In this blog we will discuss about how to copyright a song.

Copyright Registration In India is an intellectual property right provided by the law of creators of literary, dramatic, Musical or Artistic Work and producers of Cinematographic films and sound recording.

Documents required for Copyright a song

For making an application for songs Copyright, the NOC of Author, Publisher, Composer/ Producer and all other persons involved under creation of song is required to be submitted.
Two original and identical copies of the work.

The procedure of songs Copyright in India

Filing the Application- First step in the process of copyright registration of a song, an application is to be filed through a Copyright Government portal. An application can either be filed by the Applicant himself or by the person authorised by him. In Application form the details should be filled properly and is to be filed by giving prescribed fees. After submitting the application number, a Diary number is generated.

Formality check fail- Formality check is done to ensure that the basic requirement of 2 copies of work, and the complete form XIV Power of Attorney are completed. If the application fails on formality check then letter is sent to the Address to service for asking to furnish the necessary requirement issued to the Applicant.

Waiting Period- If the application is passed from second stage without any objection then it will be kept open or will be kept open for receiving any kind of objection from the person who claims or has any interest in the subject matter of the Copyright for the period of 30 days. If no objection is raised between that period then the application will be processed further on the first come first basis.

Hearing- In case any objection is raised on the Copyright applied, then the notice is issued to both the Parties. After receiving the notice, then hearing will be scheduled by the Registrar. In hearing both the parties will be given chance to speak on their part, and then if application is accepted then the it will be processed further.

Registration Granted- Finally the application passed to the Registrar, if Registrar will be satisfied then the Copyright registration certificate will be granted and if not satisfied then the Application will be rejected.

So want to copyright a song in India ? Contact BIATConsultant now