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Copyright is the most influential, inclusive, and widely accessible intellectual property right. For providing contemporaneous and automatic protection to all original creations, one may even call it the ‘people’s right’. Copyright is a right for the protection of creators of literary, dramatic, musical, and artistic works and producers of cinematograph films and sound recordings. An idea cannot be protected by copyright but it is the expression that is protected. Once the work is created in a material form, copyright is vested with the creator of such work. For copyright to come into existence, the primary condition is that the author must have created the work in a material form. It is important to have original work to avail protection of copyright. The author must have created his work with his talent, skill, creativity, and labour, and then only it can be referred to as original work to get the protection of copyright provided it is incarnated in a material form. To get the protection of copyright, one doesn’t need to make any formal process to acquire copyright, it comes into existence as soon as work is created. However, in cases of disputes about ownership of copyright, the certificate of registration of copyright and the entries made therein considered as prima facie evidence in a court of law, and therefore it is advisable to make a registration for copyright even though it is not mandatory to register. Foreign Nationals can also be equally available to foreign nationals as India is a signatory to Berne Convention, which is an International Convention
Filing Requirements:
The procedure for registration is as follows:
- Application for registration, statement of particulars, and statement of further particulars are to be made on Form IV as prescribed in the first schedule to the Rules;
- Separate applications should be made for registration of each work;
- Each application should be accompanied by the necessary fees;
- The applications should be signed by the Applicant;
- The Power of Attorney signed by the party and accepted by the Advocate should also be enclosed.
We at 4A IP Solution provide to suit the needs of various stakeholders like individuals, industries, rights managers, publishers, IT companies, producers and broadcasters, Academics etc.
Our practice offers:
- Guidance on filing and prosecuting applications to register the copyright, help on agreements for the licensing, sale, or purchase of copyrighted material, handling cancellations of copyright, and representing clients before the Copyright Office and Board in connection with such activities;
- Conducting due diligence investigations to ensure clients are not in breach of third party rights, such as software licenses;
- Strong representation in litigation of civil and criminal disputes and administrative remedies before various Courts and Tribunals in multiple jurisdictions;
- assisting with search and seizure operations and advising clients in matters of customs’ recordals and parallel importation;
- Expertise in drafting take-down notices and managing online content, analyzing overlapping IP rights.