Copyright Lawyer | EXCELON IP – Copyright Law firm
Copyright protection is obtained for some kind of artistic or literary work in the industry. A literary work is a creation of an intellectual as well as an inspired mind and deserves to be provided with extraordinary rights of such creation. One has to fulfil some prerequisites and navigate through some processes in order to obtain copyright protection for the literary creative efforts. EXCELON IP, the No.1 Copyright Filing Services with Copyright Advocates with multiple years of experience and highly competitive fees for Copyright Registration in India.
How to get a Copyright? The © Symbol
Copyright is a cluster of rights, which accords security to an expression of ideas. The owner of a copyright is allowed to protect his/her work and prevent others from infringing on their copyright towards its monetization at the same time provides absolute rights of ownership to the creator. Creation is the founding brick of social and economic success. Copyright in India is governed by Copyright’s Act, 1957 (last amendment in 2012).
Is Registration of Copyright mandatory?
It is generally believed that it is mandatory to put a copyright symbol, or such is not a copyrighted work, but this is not true anymore. This is another misconception in relation to this, often people think that they cannot use a copyright symbol until it’s registered which is untrue. Well getting copyright registered has its own benefits viz. Registered copyrighted work creates a legal foundation of the ownership of the work and the date on which the work was created also gets an establishment. The copyright owner can institute legal suit against the one who infringes on their copyrights if they have got it registered.
In a dispute related to the ownership of some work or copyright, a certificate of registration from the copyright office serves as the primary evidence.
Copyright starts existing as soon as art is created and no further activity is required to obtain a copyright. Although if you want to acquire the certificate of registration for copyright then you have to file an application for registration for copyright. The registration certificate is proof of ownership. A registered work is published in the register at the copyright office and therefore also serves as the primary evidence of ownership. The copyright office of India is located in Delhi.
The Copyright Registration Process
There is a specific process of getting copyright registered, which involves:
- An application for registration is necessary to be filed in form 14
- Different or multiple applications shall be prepared for registering each creation.
- Every application should be filed with the prescribed fees.
- Power of Attorney consented and signed by the creator and accepted by the attorney shall be attached with the application.
After the application is filed, the creator will be provided with a diary number and is required to wait for a time period of 30 days. In this period, someone else may raise an objection against such application. If such is not the case then the applicant is accorded with the absolute or exclusive rights of creation viz. Certificate of Copyright.
All kinds of Published & unpublished work can be registered in accordance with the laws. Also, any kind of work, published before 21/01/1958 is capable of getting a registered, only if the work still enjoys its copyright. The total number of three pieces of work must be submitted with the application. Well, if an unpublished creation was registered before and later it gets published, then the applicant can submit the necessary changes in the particulars imprinted in a register of copyright in form 5.
Copyright is protected for a specific period of time. The creator of the work of drama, literary or some kind of musical composition is allowed the owner of the copyright for his/her lifetime plus sixty years more. Whereas in the case of films, photographs, recordings (audio/video), works by an international organisation the government, the time period of sixty years is calculated from the date of publication. By now, we know that the certificate of registration establishes that the person holding the is the real creator of that work. According to section 48 of the Copyright Act, 1957, it is stated clearly that the certificate of registration will be the primary evidence of the details specified therein. By now you know the process as well as the benefits and few significant rights you require once you get your work registered.
Copyright Lawyers | EXCELON IP
We have a dedicated team of experts at Excelon IP which handles copyright and related work can help you make an informed decision for your creativity and provide protection towards it. At EXCELON IP, we help you how to copyright your Book, Website Copyright, Lyrics Copyright, Copyright an App, Song Copyright, Story Copyright, Copyright your Photos, Copyright Musics, Software Copyright etc. Please get in touch with our Copyright Attorneys for detailed checklists, documents required for Copyright Registration.