COPYRIGHT REGISTRATION IN AHMEDABAD

Documents Required for Copyright Registration in Ahmedabad:

Artistic

• 2 Copies of work
• DD/IPO of Rs. (as applicable) per work
• NOC from author if applicant is different from author.
• NOC from publisher if work published and publisher is different from
• applicant.
• Search Certificate from Trade Mark Office (TM -60) if the work is being used on goods or capable of being used on the goods.
• NOC from person whose photograph appears on the work.
• If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Cinematograph Film

• 2 Copies of work
• DD/IPO of Rs. (as applicable) per work
• NOC from various copyright holders or copy of agreement (deed of assignment).
• NOC from publisher if work published and publisher is different from applicant.
• If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Music

• 2 Copies of work (Graphical Notes)
• DD/IPO of Rs. (as applicable) per work
• NOC from publisher if work published and publisher is different from applicant.
• NOC from author if applicant is other than author.
• If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Literary/ Dramatic

• 2 Copies of work
• DD/IPO of Rs. (as applicable) per work
• NOC from publisher if applicant is other than publisher and work is published.
• NOC from author if applicant is other than author.
• If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Sound Recording

• 2 Copies of work
• DD/IPO of Rs. (as applicable) per work
• NOC from various copyright holders or copy of agreement (deed of assignment).
• NOC from publisher if work published and publisher is different from applicant.
• If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Software

• 2 Copies of work
• DD/IPO of Rs. (as applicable) per work
• NOC from author if author is different from applicant.
• NOC from publisher if work is published and publisher is different from applicant.
• If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the
• attorney
• Source code and object code of work for verification.

Advantages of Copyright Registration in Ahmedabad:

Copyright Registration in Ahmedabad has several advantages. Some of them are given below:

1. Copyright protection creates a public record of the ownership by copyright holder.
2. Copyright protection enables the holder of the copyright to take legal action against infringers in a court.
3. If the legal action is taken before or within a certain period from the date of publication, it enables adequate evidence in court relating to the validity of the copyright and the facts that are stated in the certificate of copyright.
4. If registration is made within a short span of time the person’s work or at any time prior to the infringement of the copyrighted work, the copyright owner is permitted to claim statutory damages in a high court. Without the process registration, only an award related to actual damages and profits will be made available, and these can be quite complicated to prove in a court of law.
5. Permits the copyright owner to record the registration with Indian-Customs to help in protection against the importation of infringing copies into our country.
6. Copyright protection provides a very important motivation for the creation of several intellectual works. Devoid of copyright protection, it would be simple for others to take advantage of these works without paying any royalties or remuneration to the title-holder of the work.  Copyright therefore encourages enterprise and enables an encouraging climate to motivate economic activity.
7. Copyright protection renders benefits in the form of economic rights which entitles the creators to exercise control over use of their literary and artistic material in various ways such as producing copies, performing in public, broadcasting,  use on-line/on the internet, etc. and to avail an appropriate economic reward.
8. Copyright protection enables creators to consequently be rewarded for their originality and venture.
9. Copyright also enables moral rights to be identified as the creator or the author of definite kinds of material (known as the paternity right), and raise objection to the distortion and mutilation of the right.  An author’s right to object to the adaptation or   derogatory action in relation to his or her work is referred to as an integrity right.
10. Registration and entitlement to copyright will display the validity of your copyright if it is registered within a period of five years of publication.  This can help avert future challenges to your works related rights.
11. One can use, reuse and reproduce the copies and can sell the copies of the work that is copyrighted.
12. One can deal in the imports or exports of whole or part of the work with copyright protection.
13. One is liberated to create any derivative work from the copyrighted work.
14. One can openly exhibit his work with copyright protection.
15. One can sell or pass on the rights of the work to the other person with copyright protection.
16. One can deal in transmitting or the display of work by radio or video with copyright protection.

FAQ's about Copyright Registration in Ahmedabad

1)  What is Copyright?

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. It is important to note that Copyright does not protect the ideas but protects the expression of the ideas.

2.  What kind of works can be protected by Copyright?

The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses.

3.  What kind of works cannot be protected by Copyright?

Ideas, procedures, methods of operation or mathematical concepts as such, titles, or names, short word combinations, slogans, short phrases, methods, plots or factual information are not protected by Copyright.

4.  Who can file for Copyright registration in Ahmedabad?

Any individual who is an author or rights owner or assignee or legal heir can file application for copyright of a work.

5.  What kind of website works can be protected by Copyright?

A web-site contains several works such as literary works, artistic works (photographs etc.), sound recordings, video clips, cinematograph films and broadcastings and computer software too. Separate applications have to be filed for registration of all these works.

6.  Whether computer Software or Computer Programme can be registered?

Yes. Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ has also to be supplied along with the application for registration of copyright for software products.

7.  What kinds of right are granted to Copyright owner?

Copyright owner has two types of rights related to his work:

Economic Rights: Economic rights include for example right of reproduction, right of performance, right of broadcasting and right of communication which are derived from right of performance, rights of translation and adaptation.

Moral Rights: These are the rights that allow owner to maintain his image. These rights allow author to claim authorship of the work and to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work which is done even after the expiration of the term of copyright if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation. It’s important to note that moral rights remain with original creator even after whole or in part assignment of the work.

8.  What is the term of Protection granted by Copyright?

Term of the protection depends on the type of work. Generally, it’s until the expiration of the 50th year after the author’s death. In case of anonymous work, it’s until 50th year after the work has been lawfully made available to the public. In case of pseudonymous work, it’s until 50th year after the work has been lawfully made available to the public, but if author leaves no doubt about the identity or reveals the identity of his or her work, the general rule applies. In case of Audiovisual (cinematographic) works, it’s 50 years after the making available of the work to the public (“release”) or if such event did not take place, then from the creation of the work. In case of applied art and photographic works, it’s 25 years from the creation of the work.

9.   Is our country member of the international treaties related to Copyright?

Except, WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), our country is a member of most of the important international conventions governing the area of copyright law, including the Berne Convention of 1886, the Universal Copyright Convention of 1951, the Rome Convention of 1961 and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)

10.  Which sections of the Act define what is and what is not infringement of Copyright?

Section 51 of the Act deals with the provisions related to infringement of the Copyright. Section 52 of the Act provides a detailed list of acts that do not constitute infringement. Owner of the copyright can seek criminal and civil remedies against accused infringer.