What is copyright?

Our Services

  • Counseling
  • Filing and prosecuting applications for registration of Copyright in India and internationally
  • Litigation: Cancellation proceedings, appeals, civil suits and criminal actions for infringement
  • Assignment and Licensing
  • Post Registration Services
  • Copyright contracts and issues
  • Legal actions for copyright piracy

Copyright is a right granted by the law to provide the creator/originator (or assignee) an exclusive "right to reproduce (copy)". Basically creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings are given the reproductive right, distribution right, adaptive right, performance right, display right and the integrity right.

What is International Copyright?

One can get protection against unauthorized use in a particular country; either separately in a particular country which basically depends on the national laws of that country or under numerous world treaties and agreements on copyright (e.g. Berne Contention). Being the signatories to international copyright treaties and conventions, most countries offer protection to foreign works under certain conditions that have been greatly simplified by them.

India is a signatory of Berne convention, UCC and TRIPS agreements so, copyright of nationals of countries who are members of the Berne Convention, Universal Copyright Convention and the TRIPS Agreement are protected in India through the International Copyright Order, 1958.

Key Advantages of Copyrights
There are four basic advantages to copyright registration.

  • Registration allows a copyright holder to sue an infringer in federal court, an option that is not available to copyright holders that have not registered.
  • It serves as an automatic indication that the registrant is the actual owner of the copyright, making it the infringer's responsibility to prove differently.
  • It enables the copyright holder to sue an infringer for statutory damages so that he doesn't have to prove that the infringer's use of the work actually damaged him.
  • Finally, registration provides notice to the world of the copyright holder's claim of rights, preventing an infringer from claiming that he used the work innocently, without knowledge of the creator's existing interests.

Requirements to file Copyright Application?

For filing copyright application following information are required:

    1. Name, address and nationality of the Applicant/ Applicants(s)
    2. Name, address and nationality of the Author
    3. Three hard copies of the literary work
    4. First date and last date of publication of the literary work (if any)
    5. Title of the work

What is the Procedure for registration of a work under the Copyright Act, 1957?

Copyrights are registered in the Register of Copyrights maintained in the Copyright Office of the Department of Education. The Copyright Office is headed by a Registrar of Copyrights and is located at New Delhi and has been set up to provide registration facilities to all types of works.
A form is required to be filed. The Form requires the applicant to give certain particulars.

These are steps for Registration of Copyright:

    1. Application is to be filed in prescribed form along with prescribed fees.
    2. Applicant is required to serve a notice of his application to every
        person who has any interest in the subject matter.
    3. Application is examined and if the Registrar receives any objection he
        may after holding such inquiry as he deems fit, enter such particulars
        of work in the Register of Copyrights, which he considers proper.