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Company Incorporation

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WHAT IS COPYRIGHT

Copyright is a legal protection for the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works.


WHAT WORKS ARE PROTECTED?

Work must be fixed in a tangible form of expression.

The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device.

Must be an original work of authorship, meaning that the work must be independently created by the author (as opposed to copied from other works).

The following three (3) requirements must all be met in order for copyright to subsist in a work :

  • The work must be reduced to material form
  • The work must be made by a qualified person
  • The work must be original and the result of the author's skill and effort

CATEGORIES OF PROTECTED WORKS

  • Literary works
  • Musical works
  • Sound recordings
  • Dramatic works
  • Choreographic works
  • Pictorial, graphic and sculptural works
  • Motion pictures
  • Architectural works
  • Compilations
  • Derivative Works

WHAT WORKS ARE NOT PROTECTED?

  • Works that have not been fixed in a tangible form of expression
  • Titles, names; familiar symbols or designs; mere variations of lettering; mere listings of ingredients or content
  • Ideas, procedures, concepts, principles
  • Works consisting entirely of common property, containing no original authorship

SECURING PROTECTION

  • Copyright protection is secured automatically upon creation (fixation).
  • No publication or registration is required.

Advantages of Registering Your Copyright

The advantages of registering a copyright include the following:


  • Establishes a public record of the copyright holder's ownership.
  • Enables copyright holders to sue infringers in federal court.
  • If made before or within 5 years of publication, establishes sufficient evidence in court concerning the validity of the copyright and the facts stated in the copyright certificate.
  • If registration is made within 3 months of publication of the work or at any time prior to an infringement of the work, the copyright owner is entitled to seek statutory damages and attorney's fees in federal court. Without registration, only an award of actual damages and profits will be available, and these can be quite difficult to prove.

Rights of a Copyright holder on Registration

  • Your logo, style, font, get-up, color, scheme of your brand name cannot be copied by any other business firm.
  • The registration certificate is valid for lifetime of the Proprietor of the brand name.
  • If the Copyrighted work is infringed it is a cognizable offence i.e. one can directly file a police complaint to stop the misuse of the work.
  • If the Copyright Registration is done, the complaint / civil suit can be filed at the place where the owner of the Copyright is situated.

  • For Example: if you are situated at Mumbai and some other person is copying your brand name at, say New Delhi. You can file a case at Mumbai. The person who has infringed your brand name will have to appear at the court at Mumbai.

  • To reproduce the work in any material form including the storing of it in any medium including electronic means.
  • To perform the work in public, or communicate it to the public.
  • To make any cinematograph film or sound recording in respect of the work.
  • To make any translation of the work.
  • In case of computer programme the rights also includes to sell or give on hire, any copy of the computer programme.

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