Copyright Registration in India

How to get copyright in India - To obtain a copyright, there are two requisites: A copyright work should be a literary, musical, dramatic or artistic work in a tangible form.The work should be original.

To get your copyright protection in India visit https://www.intepat.com/ip-services/copyright-registration-india/

1. COPYRIGHT PROTECTION IN INDIA DEMYSTIFYING COPYRIGHTS FOR THE AAM AADMI Angela Dsouza [email protected] www.intepat.com

2. WHAT IS MEANT BY COPYRIGHT? A copyright is the protection granted to any literary, dramatic, artistic or musical work so as to prevent it from unauthorized use and also to reward the creator for his/her work. www.intepat.com

3. W HAT ARE THE R EQUISITES FOR ANY W ORK TO O BTAIN A C OPYRIGHT P ROTECTION ? To obtain a copyright, there are two requisites: The work should be a literary, musical, dramatic or artistic work in a tangible form. The work should be original. www.intepat.com

4. ORIGINAL? WHAT IS THAT? A copyright mandates that the work be original. However absolute originality is not a requisite. It has been held, through several judicial decisions, that there should be a  minimum threshold of creativity  for the work to be original. This was articulated very well in  DB Modak v. Eastern Book Company . www.intepat.com

5. C AN I DEAS BE C OPYRIGHTED ? An idea cannot be copyrighted unless it is reduced to a tangible form. Only an expression of the idea in any tangible form warrants for a copyright protection. Copyrighting ideas would result in hampering of the free flow of ideas. www.intepat.com

6. W HO H OLDS THE C OPYRIGHT OVER THE W ORK? This depends on the circumstances under which the work was created. Ordinarily the copyright is held by the creator of the work. However in case the work is commissioned by someone or is done in the course of employment, then the work belongs to the person who commissioned the work or the employer, as the case may be. www.intepat.com

7. W HAT R IGHTS D OES A C OPYRIGHT C ONFER? A copyright is known as a bundle of rights. Holding a copyright vests the holder with various rights including: The right to reproduce the work in any material form.  The right to issue copies of the work to the public. To perform the work in public. To make a cinematographic film of the work. To make a translation or adaptation of the work. www.intepat.com

8. I S THE © S YMBOL N ECESSARY TO H AVE C OPYRIGHT P ROTECTION? There is absolutely no requisite to display a copyright symbol or register any work to acquire a copyright protection. A work is protected from the moment it is created and the owner does not forfeit his/her copyright if he/she fails to use the copyright symbol. In fact, the Copyright Act has no provisions for the registration of a work. www.intepat.com

9. D OES H OLDING A C OPYRIGHT G RANT A BSOLUTE P ROTECTI0N? No. One cannot copy your work but they can definitely use it. Such use is subject to S 52 of the Copyright Act and is termed as fair use. Using your work for criticism or review, personal research etc would be deemed to be fair use and hence not an infringement of your copyright. www.intepat.com

10. R EMEDIES FOR C OPYRIGHT I NFRINGEMENT In the event of infringement, both civil and criminal remedies are available. In case of civil remedies, you would be able to claim for injunction, damages or accounts of profit. On the other hand, in case of criminal remedies, the infringer shall be punished for a term not less than six months and which may extend to six years. Also he/she would have to pay a fine not less than fifty thousand rupees which may extend to two lakh rupees. A subsequent offence would invite a higher punishment. www.intepat.com

11. Intepat IP Services Private Limited No:8, 1 st Floor, 15 th Cross, 100 Feet Ring Road, JP Nagar 6 th Phase Bangalore – 560078, India Email: [email protected] Web: www.intepat.com Tel: [phone]