At L.S Davar & Co, we have attorneys who can help protect your unique ideas executed in some material form (Kindly note that ideas are not protected under Copyright, it is the executed idea in some material format which is protected under copyright) from being used without your written permission. This is the best way to take ownership of your ideas executed in material format and our attorneys can help you at every step of the way.
We Assist Clients In:
What Is Copyright?
The world has many creators who work in the literary, academic and otherwise scientific and artistic domains. The law gives certain rights to these creators. Some of these rights pertain to the reproduction of work, how can the work be communicated to the public, who can adapt the work and who can translate the work. The nature of the work decides the scope of the copyright as well as the duration or how many years will the copyright continue to be in force for.In India, copyright law protects works connected to literature, drama, music, other arts, films, sound recordings and softwares etc.
Duration of Copyright Protection under the Copyright Act 1957
There Are Two Overarching Durations Under The Copyright Act 1957.
A lifetime of the author + 60 years. These 60 years are to be counted from the 1st of January of the year next to the one in which the author died.
Example: The author died in 1999. Then the 60 years will be counted from 1st Jan 2000 and will end on 31st Dec 2060.
Literary, Dramatic, Music Related and Artistic Works come under this category.
60 years from the 1st of January of next year in which the work was first published.
Example: A documentary was first published in 1999. Then the copyright will continue for a period of 60 years from 1st January 2000. The copyright will cease to exist on 31st December 2060.
In regard to copyrights for Anonymous (author not known) and pseudonymous (author writing under an alias), Posthumous (published after author’s death) work and also work related to Cinematograph films, sound recordings, photographs, Government work, and work of International organisations. The 60-year period is counted from the date of publication.
Is Copyright Registration Necessary? No, it is not necessary by law to register copyrights. Copyright is automatic for the creator and no formal process is needed. However, in case of a dispute having a certificate showing you as having registered the copyright and being the lawful owner of the material serves as prima facie evidence. It helps resolve such disputes faster and fairly
Can You Register Copyright Of Unpublished Work? Yes. If you are the author of work published before 21st January 1958 before the current law comes into force then to you can register copyrights, provided the works still enjoy copyright. If you want to copyright work before publishing then you need to send a copy of the manuscript along with the application. The copyright office will affix the stamp as proof of the work being registered. Then, when you publish your work you can apply for a change in particulars and you need to submit the prescribed fee with this application. You will submit this application to the copyright office.
In Regards to Already Published work. If you are interested in copyrighting published work, then you need to send three copies of the published work along with a No Objection Certificate from the Publisher/s of the work, if the Publisher/s is other than the Applicant himself.
Can You Register Computer Software or Programme?
Yes. Computer software or programme falls under the category of ‘literary work’ and all rules are applicable. This will include tables, compilations, and databases. Please note that you will need to provide “Source code” and “Object Code” in executable format along with your application if you wish to register your software products.