Copyright Lawyers in Bangalore

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Copyright Lawyers in Bangalore

Copyright Law if that branch of law, which deals with the rights of original and intellectual creators. It exclusively grants permission to the owner of the copyright to reproduce, distribute, perform, or display their creative works.

Copyright law in India came into existence under the legislation of 1914, this legislation was modeled after the copyright laws of the United Kingdom, the Copyright Act, 1911. Currently this branch of law in India is governed under the Copyright Act, 1957 with the latest amendment in 2013.

BIAT Legal LLP is a company of young lawyers formed with the motive of providing end to end intellectual Property prosecution and Litigation. We follow stringent delivery practices which are consistent as per defined quality standards. Our level of professionalism has led to partnership with international law firms which helped us expand our knowledge as well as our experience base.

Our team is passionate about the law and about the quality of work they actually deliver to our clients. They constantly endeavour to improve by sharing expertise and ideas. We are encouraged to think laterally and solve problems with a fresh and relevant perspective.

The team of professionals in BIAT Legal LLP helps to provide our clients with the best services at effective cost rates. The company has attained a new record and executed several aid to the legal assistance for resolving matters associated with the Copyright, and has attained a new prospect in this domain.

The firm extensively deals with the Copyright Laws in India. We assist our clients in Copyright Registration, Licensing, Policing and enforcement of their Copyright.

Copyright is the most pervasive, inclusive and freely accessible Intellectual property Rights.

Copyright is basically a right given by the law to creators of literary, dramatic, musical and artistic work and producers of cinematograph films and sound recordings. One cannot take copyright of their business idea unlike Patents. Therefore, there is copyright of an idea.

Copyright is given to authors who have converted their ideas into written format i.e. they have created their work in a material form. In general any original work created by a person is entitled for copyright protection. Originality refers to the fact that the author must have created the work through the application of the author’s own creativity and labour. In addition to taking copyright protection, the work must be in a material form. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. Acquisition of copyright is automatic and it does not require any formality. However certificate of registration of copyright is the prima facie evidence in a court of law with reference to dispute relating to ownership of copyright. Thus even though copyright registration is not mandatory, it is recommended for the protection of certain kinds of works. Foreign nationals of signatory countries can also apply for copyright protection in India since India is signatory to the Berne convention.

Copyright is governed by Copyrights Act, 1957 (as amended in 2012) along with the Copyright Rules, 2013 . The First Copyright Law in India was he Indian Copyright Act, 1914.

Filing Requirements

The procedure for Registration are as follows-

  • As prescribed in the first schedule to the rules, Application for registration is to be made in form IV (including statement of particulars and statement of further particulars).
  • Separate application for each work is to be made.
  • Each application should be accompanied by the requisite fees.
  • The application should be signed by the Applicant.
  • Power of Attorney is to be submitted if the application is made by the attorney.

Documents Required for Copyright Registration

Following are the documents which are required for the Copyright Registration-

  • 3 copies of the work if the work is published
  • If the work isn't published then 2 copies of manuscripts.
  • If the appliance is being filed by an Attorney, the facility of attorney or Vakaltanama signed by the attorney and therefore the party.
  • Authorization in respect of labor , if the work isn't of the Applicant.
  • Information regarding the title and language of the work.
  • Information regarding the name, address and nationality of the applicant.
  • Applicants must also provide his Mobile number and email address.
  • If the Applicant isn't the author, a document containing the name, address and nationality of the author, and if the author is deceased, the date of his death.
  • If the work is to be used on a product, then a no objection certificate from the trademark office is required.
  • If the applicant is aside from the author, a no objection certificate from the author is required. during this case an authorization from the author is additionally required.
  • If a person’s photo is appearing on the work, then a no objection certificate from such person is required.
  • In case the publisher isn't the applicant, a no objection certificate from the publisher is required.
  • If the work is published, the year and address of first publication is additionally required.
  • Information regarding the year and country of subsequent publications is additionally required.
  • In case of copyright is software, then source code and object code is additionally required.

We here at BIAT Legal LLP cater the needs of various stakeholders like individuals, industries, rights managers, publishers, IT companies, producers and broadcasters etc.

    Our practice offers-

  • Assistance on filing and prosecuting applications to register copyright, advising on agreements for the licensing, sale or purchase of copyrighted material, handling cancellations of copyright and representing clients before the copyright office and board in connections with such activity.
  • Conducting due diligence investigations to ensure clients are not in breach of third party rights, such as software licenses.
  • We litigate civil and criminal suits and pursue administrative remedies before various courts and tribunals in India; assisting with search and seizure operations, and guiding clients on issues of customs’ recordals and parallel importation.
  • We are expertise in analysing overlapping IP rights, drafting, take down notices and managing online content.

Processing Fee Details

If an applicant wants to apply for Literary, Dramatic, Musical or Artistic work then its fees is Rs. 500/- per work.

Provided in case of literary and artistic work, which is capable of being used in relation to any goods or services, then in that case its fees is of Rs. 2000/-.

For an application for registration of copyright in a cinematograph film is of Rs. 5000/- per work.

And for an Application for registration of copyright in respect of sound recording is of Rs. 2000/- per work.

FAQs

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Copyright is considered to be a natural right as it is automatically granted to the fraetor of the original (including computer programs), dramatic, musical and artistic work, cinematographic films, and sound recordings. Basically Copyright is given to the original creator of the work. Any individual who is the rightful owner of his/her assignee can file an application or registration of copyright.
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Provided hey qualify for protection, books, plays, musical compositions, audio and video recordings, choreographic work, motion pictures, filmstrips, TV programmes, photographs, Paintings, drawings, maps, architecture, scale models, sculpture, craft works, jewelry designs, fabric designs, computer programs, databases and even oral speeches and lectures, may be subject of copyright.
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Registering your trademark ensures you maintain exclusive rights to the mark. If you don’t renew your mark on time, then you lose your right over your trademark.
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There is a Copyright Registration procedure in India. Application for registration can be made to the registrar.
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Generally the term of Copyright protection is the life of the author plus 60 years from the beginning of the Calendar year following the year in which the author dies.
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A Copyright owner enjoys various personal and proprietary rights. Proprietary rights would include reproduction, distribution, leasing, exhibition, performance, broadcasting, dissemination, adaptation, compilation, translation etc. personal rights would include moral rights, alteration and maintaining integrity of the work.
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Yes but only in special circumstances i.e. if the person is using as a Fair use and not commercially exploiting the author’s rights the only one can use my copyright without License, those circumstances are-
  • Use for a purpose of private study, research or entertainment.
  • Quotation of an appropriate portion from the copyright work.
  • Reporting of current events in newspapers, magazines or radios/ television.
  • Translating or reproducing in small quantities for use by teachers or scientific researches.
  • Performance free of charge.
  • Copying, drawing, photographing or recording an artistic work placed or displayed in an outdoor public space.
  • Use by government officials in performance of their duties.