Copyright, one of the form of intellectual property law, offers exclusive rights for protecting the authorship of original & creative work like dramatic, musical and literary in nature. Symbolized as "©", here the term 'exclusive rights' mean that the holder has the right to determine who will be credited with the work, who will perform the work and who will be benefited financially from it. However, copyright does not extend any protection to the facts, methods of operation, system, ideas except to the ways in which they can be expressed.
Copyright law protects expressions of ideas rather than the ideas themselves. The Copyright Act 1957, copyright protection is conferred on literary works, dramatic works, musical works, artistic works, cinematograph films and sound recording. For example, books, computer programs are protected under the Act as literary works.
One of the supreme advantages of copyright protection is that protection is available in several countries across the world, although the work is first published in India by reason of India being a member of Berne Convention. Protection is given to works first published in India, in respect of all countries that are member states to treaties and conventions to which India is a member. Thus, without formally applying for protection, copyright protection is available to works first published in India, across several countries. Also, the government of India has by virtue of the International Copyright Order, 1999, extended copyright protection to works first published outside India.
Copyright comes into effect as soon as the work is done and no formalities are required to be followed. However, certificate of copyright registration and entries made there upon serves as the prima facie evidence, at the time of any dispute, in the court.
"Copying a book is similar to stealing somebody's jewelry. Large scale organized copying is like robbing a jeweler’s shop or a bank.”
The Copyright protection in India is strong and effective enough to take care of the Copyright of the concerned person. The existing legal system can effectively take care of any problems associated with copyright infringement.
Our services in Copyright matters include as follows :
Filing copyright applications and obtaining registrations.
- Determining the applicability of copyright protection.
Enforcing copyrights against infringement.
Defending clients against infringement charges by others, as well as representing clients in disputes resolution through either legal proceedings or negotiations.
Filing and defending Cancellation / Rectification of Copyrights in Higher Forum.