Copyright

Copyright Registration confers upon its owner sole rights to copy or reproduce the work or grant permission to another to do so. The applies to literary (books, scripts, even software) and audio-visual (music, photographs, movies) works. Business entities often copyright instruction manuals, product literature and user guides. Copyright is usually owned by the creator of the work, but may also be owned by the employer of its creator or the person who has commissioned the work (unless there is an agreement to the contrary in either case). Copyrights are also transferrable.

6 Essential Facts on Copyright

  1) Why bother to register copyright?

Copyright recognises the exclusive rights of the creator over an original work. Music, books, manuscripts, software, films, fashion designs, even brochures and training manuals all enjoy copyright protection, even without registration. Basically, the moment you create an original work, you are its exclusive owner. However, in the commercial world, the reason why artists, publishers and corporates still bother to register the copyright on their work is that it’s the only way to approach the courts in case of a dispute.

  2) What is the purpose of the copyright registrar?

The copyright registrar primarily serves as an office of record, a place where claims to copyright are registered and documents related to copyright are recorded. The office furnishes information about the provisions of the copyright law and the procedures for making registration, to explain the operations and practices of the copyright office, and to report on facts found in its public records.

  3) What copyright protection do I get?

Copyright protection arises automatically the moment the author fixes the work in a tangible form (for instance when a writer writes her story) without the author having to do anything. Registering your work with the registrar of the copyright office is basically a copyright protection insurance policy. It creates a public record of the work and you can then sue anyone for copyright infringement. Furthermore, this registration is only recognised prima facie if done within five years of the creation of the work. It isn’t as if you can just postpone registration until someone actually does steal your work.
 

  4) How would another party prove rights to my work?

Another party will need to prove their right to the work by showing they had a pre-existing copyright claim to the work, proving that you permitted its use, that you didn’t actually create the work or that you stole the copyright from them.

  5) What are performer's rights?

Any person hearing it could by taking down the lecture or story in shorthand reduces it to material form. Similarly, music could be recorded on tape. Therefore, do the persons who first reduced the performance to a material form become the copyright owners of the lecture, story or dramatic performance or music? This is not so, as certain special rights (performer's rights) have been conferred upon any performer of his performance. The performer in this context includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, a person delivering a lecture or any other person who delivers a performance.

  6) Can I copyright a film or sound recording?

In case you want to copyright a video, film or an audio recording track, it is recommended that you get an NoC from all the people involved in its making. This will protect you from any objections from them at a later date. This has become imperative now after the latest Supreme Court guidelines on sound recording and cinematography copyright registration.

Advantages of Copyright Registration

Legal Protection

Creators of original works always enjoy legal protection when their work is reproduced without authorisation. Copyright Registration, however, makes it much easier to protect this original work against infringement.

Market Presence

By registering a copyright, a public record of your work is created and a proof of ownership is established for your creative work. It can also be used in marketing and for building goodwill in the mind of the customer.

Rights of the Owner

The owner of a copyright has the rights over reproduction, dissemination, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.

To apply for a Copyright of your moview, article, book, website, sound, video etc. , get in touch with us