Anuhuj Dhingra Law Office

  Copyright

Our services under the copyright include preliminary advice & consultancy, filing of applications for registration before the Indian copyright office, and Copyright litigations.

The Copyright under the Indian Copyright Act, 1957, subsists in following classes of work:

  • Original literary, dramatic, musical and artistic works;
  • Cinematograph films; and
  • Sound recordings

The object of the copyright law is to protect the unlawful reproduction of the materials or creations of the creator, authors, writer, and artist.

The object of the copyright is to protect unlawful reproduction of the creativity of the creator, authors, writer, artist etc.

Under the Act, the copyright office is to maintain a register in which upon the application made for registration, the copyrights are registered and a copy of the same is retained. India is a signatory to various copyright conventions like Berne convention, International convention of copyright and provides protection to the copyright of original literary, dramatic, musical and artistic works, cinematograph films, and sound recordings.

Where the copyright in any work as defined under the Copyright Act, is infringed, the owner of the copyright shall be entitled to all such remedies by way of injunction, damages, rendition of accounts etc. under the Civil Law, and is also eligible to invoke the criminal prosecution as per the provisions of the Act.

As a general rule the term of a Copyright under the Indian Laws is 60 years, and the said period is counted from the year following the death of the author in the case of original literary, dramatic, musical and artistic works. The period is counted from the date of publication In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations.

Originality of the work is the key test for the grant of Copyright by the Indian Copyright Office. The Copyright shall subsist only:

  • If in the case of published work, the work is published in India or where the work is published outside India the author was at the date of publication citizen of India;
  • In case of unpublished work, the author at the date of making the work is citizen of India or domiciled in India;
  • In case of work of architecture the work is located in India

Copyright also exists in translations, abridgements or compilations of such works, provided the permission of the Copyright holder is obtained. The Computer programme for the purposes of the Copyright are considered as literary works and are also protected under the Copyright Act.

Our Services under the Copyright includes:

  • Preliminary advice and consultancy
  • Strategizing and Counseling for registration
  • Registration before the Copyright Office
  • Licensing and Assignment of Copyrights
  • Infringement actions under Civil and Criminal Jurisdictions


                                               
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