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trademark registration in india

Registration of Copyrights in India


Copyright Registration provides the creators of original works of authorship with a set of exclusive rights to copy, distribute, and perform their works for a limited period of time. Protected works include (but are not limited to) books, plays, music, movies, photographs, paintings, sculptures, digital files, and web pages these all are valuable creations worth protecting.

 

 

Although copyright in a work exists automatically when an original work is created, a certificate of copyright registration is evidence that your creation is protected by copyright and that you, the person registered, are the owner. It can be used in court as evidence of ownership.

 

 

Copyrightable Works
Below are some of the works that can be protected under Copyright Act:-
 Literary works
 Artistic works
 Musical works, including any accompanying words
 Dramatic works, including any accompanying music
 Pantomimes and choreographic works
 Pictorial, graphic, and sculptural works
 Motion pictures and other audiovisual works
 Sound recordings
 Architectural works

 

 

Benefits of Copyright Registration
Below are some of the benefits of registering your copyright works:-
■ Registering your copyright protected work provides evidence that you are the owner of your work.
■ Copyright Registration is generally required before you can pursue an infringement action against someone who used your work without authorization.
■ Copyright owner can take legal action against any person who infringes thecopyrighted work. The copyright owner is entitled to remedies by way of injunctions, damages and accounts.
■ Registration helps preempt the defense of “innocent infringement” for infringers who claim they didn’t know the work was copyright protected.

 

 

Term of Copyright Protection
The term of copyright varies according to the nature of the work and whether the author is a natural person or a legal person, e.g. a Corporation, Government Institution, etc., or whether the work is anonymous or pseudonymous.

In the case of literary or musical works or artistic works, other than photographs, have a life span, which extends for the life of the author and 60 years from the end of the year in which the author dies. However, if the work has not been published, performed, or offered for sale or broadcast during the life of the author, the copyrightprotection shall continue for a period of 60 years from the end of the year in which any of these acts are done relating to the work.

Cinematograph films, photographs and computer programs are protected for 60 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or published, or, failing such an event, for 60 years from the end of the year in which the work is made. Sound recordings are protected for 60 years from the end of the year in which the recording is first published.

For broadcasting, the term is 25 years from the beginning of the calendar year following the year, in which the broadcast was made.

In the case of anonymous or pseudonymous works, the copyright is for 60 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or from the end of the year in which it is reasonable to presume that the author died, which ever term is shorter.

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