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Copyright is a form of Intellectual Property Rights like Patent and Trademarks. A Copyright is a legal right which is given by the law to the creations of dramatic, musical, sound recordings etc. It gives the owner of the work certain surety to ensure that there work is protected and their creativity is rewarded. In India, Copyright registration in Hyderabad is under the act of Copyrights Acts,1957. This act protects the original literary, dramatic, cinematographic films, etc from the unprotected users. This Copyright registration in Hyderabad includes bundles of rights such as Right of Communication to the public, adaptation, and translation of the work. However, ideas, procedures, methods or any mathematical concepts cannot be copyrighted.
Hyderabad state was formed in 1956 and became a part of India. It was under mughlas and nizam rule and the influence of that culture can be seen even today in their dress, craftswork and food. Hyderabad attracts alot of tourists throughout the year who come to see the monuments and enjoy the mouth watering delicacies and it also is the 4th most populated city in India. And the president of India during winter stays in Hyderabad at rashtrapati nilayam.
The reasons to copy registration in Hyderabad are as follows:
1. It serves as a prima facie evidence in the court of law. Therefore it gives the owner legal protection for his/her work.
2. Copy right registration in Hyderabad can be used for marketing or creating a goodwill in the minds of the customer.
3. It establishes that you are serious about the Copyright Infringement which will help to impede unauthorized reproduction of the work as the owner is provided with the host of legal remedies.
4. Works that are copyrighted in India get full protection in foreign countries and the same applies to the work that is copyrighted in foreign countries.
5. These copy right registration in Hyderabad are an Intellectual property and it can be sold, franchised or commercially contracted.
Need for copy right registration in Hyderabad are:
Copyright registration Hyderabadt is an advantage, as it protects the ownership of the work from unnecessary disputes. In the event of Copyright infringement disputes, certificate of registration and Copyright registration Hyderabad Acts as an admissible evidence in the court of law. It serves as a prima facie evidence. Copyright registration Hyderabad is published within the lifetime of the author until sixty years after the author dies.
The procedure of copyright filing in Hyderabad as follows:
1. An author or applicant can file the application for registration himself or through an authorized legal representative. It can be made by applying in the Copyright filing in Hyderabad office or through speed/registered post or through e-filing facility available on (companyvakil.com). There should be one application provided for one work. Each application in form IV should be given requisite fee. The fee can be paid either in the form of Demand Draft, Pay order or through E-payment or Indian Postal Order favoring the registration at New Delhi. Other information which needs to be provided is given in the minimum requirements. In addition to it if the work is unpublished two copies must be sent with the application. (one copy will be duly stamped and written and other must be kept).
The application for the copyright registration online in Hyderabad of the computer programme must be given with source and the object code. The application for the registration of an artistic work used or capable of being used must be filed with a no objection certificate from the Registrar of Trademarks. A statement in the form of Affidavit stating that design has not been registered under the Designs Act,2000 and has not been applied to any other article shall be filed along with the application for registration of artistic work as a design. The applicant or the advocate must sign the application and the applicant must provide his phone number and email address to receive the filing number of the application.
2. Once the application is filed, a diary no is received and a mandatory waiting period of 30 days is there so that “No Objection" is filed against the claim made by the author. If there is objection then it may take more than one month. The Registrar here both the parties in objection. If the objection is rejected, then it goes for scrutiny. The applicant needs to remove any objection if found with the 30 days.
3. After the submission of documents if the Registrar is satisfied with the completeness or correctness of the claim made in the application then he may enter the particulars in the register of Copyrights and issue the Registration Certificate. Hence, the copyright Registration online in Hyderabad is completed when the applicant is issued with the Certificate.
The minimum requirement for Copyright registration online Hyderabad are:
1. Name, Adress, and Nationality of the applicant are required.
2. Name, Adress, and Nationality of the author of the work is required.
3. Name of the applicant’s interest in the Copyright that is owner/licensee etc is required.
4. There must be a title of the work.
5. The author shall sign the declaration if he is different from the applicant.
6.The language of the work.
7. Whether the work is published or not is to be written.
8. If the work is published then the year and country of the first publication and name, address and nationality of the publisher must be there.
9. Year and countries of the subsequent and publication must be there if any.
10. Name, Adress and Nationality of any other person authorized to assign or license the rights in the Copyright.
11. There must be a Power of Attorney for the firm.
12.For computer programs three copies of the program on CD-ROMs.
13. There must be six hard copies of the work and three soft copies of the work must be given.
The documents required for Copyright filing in Hyderabad of work like music, literary/Dramatic, sound recording, software are as follows:
1. Two sets of copies of work must be submitted.
2.Demand Draft or Initial Public Offering per work.
3.No Objection Certificate from the publisher.
4.No Objection Certificate from the author of the work.
5. If the registration application is being filed through Attorney then Power of Attorney is required which is originally signed by the applicant and accepted by the advocate.
If the work is software programs then the source code of the programme is required for the verification.
The advantages of Copyright Registration in Hyderabad are as follows:
1. It enables the holder to sue for infringement in the court.
2. It establishes the public right of holding the Copyright Ownership.
3. If registration is made before or within five years of publication then it becomes a sufficient evidence in the court regarding the validity of the Copyright and the facts which are stated in the Certificate of Registration.
4.If the registration is made within three months of the publication or at any time before the infringement of the work the Copyright owner is entitled to seek statutory damages in the court. Without registration, only actual damages and profits will be available but with difficulty.
Ans: Copyright is registering of any artistic work by the owner. It is the form of intellectual property.
Ans: Copyright is registering of any artistic work by the owner, Patent is registering any invention by the owner and Trademark is registration of text, symbol, logo, etc
Ans: Copyright need not be registered. But it is advisable to register so that he can sue for copyright infringement.
Ans: Yes, an individual or his legal heirs can file an application either to copyright office or online by visiting www.copyright.gov.in
Ans: Once a copyright is registered, it automatically protects the right of the owner throughout the world.
Ans: Yes, as per The Copyrights Act, 1957 computer programme can be registered as literary work.
Ans: Yes, a minor person can claim copyright protection. State laws regulate the business dealing which involves copyrights of the minor.
Ans: Yes, a copyright can be assigned by the execution of the written document signed by the copyright owner.
Ans: Anyone who is the creator of the original expression of the work is considered an author.
Ans: A company cannot be the owner of the copyright. If the author creates the work within the scope of employee duties, the company can be considered an owner. Hence the owner author and owner can be different from one another.
Ans: Anyone who is the creator of the original expression of the work is considered an author.
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