Copyright Lawyers in Delhi

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 the Indian Copyright Act, 1914.

• 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.

• 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.

• 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.

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.