COPYRIGHT PORTFOILIO
PROTECTING CREATIVITY
COPYRIGHT LAW IN INDIA
Safeguarding authors' rights, copyright protects original works from unauthorized use, supporting creators worldwide.
Copyright is a legal right for creators of literary, dramatic, musical, and artistic works, as well as films and sound recordings, covering reproduction, public communication, adaptation, and translation. In India, copyright protects original expressions, not ideas, once they’re in a tangible form, as per the Copyright Act, 1957. Copyright arises upon creation, without mandatory registration, though registering offers valuable proof of ownership and creation date. India’s participation in international conventions like the Berne Convention ensures protection for foreign nationals’ works. Copyright safeguards creators’ rights, rewarding and protecting their intellectual effort and creativity.
ESSENTIALS FOR COPYRIGHT PROTECTION
Originality, authorship, and a tangible form are key to securing copyright.
Originality
Work must originate from the author and involve more than trivial effort; mere copying isn’t enough.
Copyrightable Subject Matter
Includes books, programs, compilations, and adaptations; excludes titles, slogans, forms, and recipes.
Tangible Form
Work must be fixed in a physical or digital medium.
KEY REQUIREMENTS FOR
COPYRIGHT REGISTRATION
1
Application Form XIV
Includes Application/Declaration Form, Statement of Particulars.
2
Separate Applications
Required for each work, with applicable fees.
3
Signatures
Applicant’s signature on all forms.
4
Power of Attorney
Required if applying through a representative.
5
Copies of Work
Provide two identical copies.
6
For Software
Include Source and Object Code in machine-readable format.
7
Work Details
Title, language, applicant's name, address, nationality.
8
No Objection Certificate
Needed in specific cases.
RECOGNIZING COPYRIGHT INFRINGEMENT
Copyright infringement occurs when a work is copied or used without permission, violating the author’s rights. Primary infringement involves direct unauthorized use, while secondary infringement enables others to infringe by providing tools or services. Both can lead to serious legal consequences.
Primary Infringement
Directly reproducing, distributing, or displaying a copyrighted work without authorization.
Secondary Infringement
Enabling infringement by providing equipment or services used for unauthorized reproduction or distribution.
Consequences
Both types breach copyright law and may result in legal penalties.
COMPREHENSIVE COPYRIGHT SOLUTIONS BY KHURANA & KHURANA
Khurana & Khurana offers expert copyright services for diverse stakeholders, from filing registrations to enforcing rights. Our attorneys provide thorough legal guidance in licensing, litigation, and online protection to safeguard your intellectual property.
Copyright Registration Assistance
Filing and prosecuting copyright applications.
Licensing & Agreements
Advising on licensing, sale, and purchase contracts.
Cancellation & Court Representation
Handling cancellations and representing clients in court.
Due Diligence Investigations
Ensuring compliance with third-party rights.
Litigation & Enforcement
Strong expertise in civil and criminal copyright enforcement..
Search & Seizure Operations
Assistance with protective search actions.
Customs & Import Issues
Guidance on customs records and parallel imports.
Online Content Management
Drafting take-down notices and managing online copyright.