Overview
Copyright is an intellectual property that gives exclusive right to reproduce or authorize another to reproduce artistic, dramatic, literary, or musical works. It also extends to sound broadcasting and cinematographic films. Copyright protection is limited to author’s particular expression of idea, process and concept in a tangible medium. However, law permits fair use.
To be copyrighted, a work must show certain minimum levels of creativity and originality. Copyright protection is not granted for an abstract idea nor can facts be copyrighted. Only author’s manner of expressing the idea or compiling the facts can be copyrighted.
Things that are protected under Copyright
- Cinematography film
- Sound recording
- Musical work & Sound recording
- Artistic work like paintings, photographs
- Original literary works
- Books
- Computer programs
- Website
- Broadcasts on Radio and Television
- Published editions
Documents required for getting GST Registration
- Name, Address & Nationality of the Candidate – ID proof
- NOC from the publisher if work published and publisher is different from the applicant
- Search Certificate from Trade Mark Office (TM -60) if any
- NOC from a person whose photograph appears on the work
- Power of Attorney
- 2 Copies of work
- KYC of author
- DD/IPO of Rs. per work ((as applicable)
- NOC from the author if the candidate is different from the author
Procedure
Patent search is done to verify the uniqueness of your invention. Patent can’t be similar or same to any other patent.
Trademarks are those marks which helps business to get identified in market. It is very easy to get trademark registered but it is preferred by most of the business to get it done professionally in order to avoid any unwanted consequences.
Trademark consultation with professional is very much convenient. It has following benefits-
- Helps in the systematic filing of the application.
- Registration is done in a manner as prescribed by the rules and regulations governing Trademark law.
- Helps in removing ambiguities.
Documents required for registration
- An application (including all the particulars and the statement of the particulars) in the format of FORM IV has to be sent to the registrar along with the requisite fees (mentioned in the Schedule 2 of the Act). A separate application has to be made for separate works.
- Every application has to be signed by the applicant as well as Advocate in whose favour a Vakalatnama or a POA has been executed.
- The registrar will issue a Dairy number and then there is a mandatory waiting time for a period of 30 days for any objections to be received.
- If there are no objections received within 30 days, the scrutinizer will check the application for any discrepancy and if no discrepancy is there, the registration will be done and an extract will be sent to the registrar for the entry in the Register of Copyright.
- If any objection is received, the examiner will send a letter to both the parties about the objections and will give them both a hearing.
- After the hearing, if the objections are resolved the scrutinizer will scrutinize the application and approve or reject the application as the case may be.
Assignment of Copyright
The owner of a copyright in an existing work or a prospective owner of a future work may assign to any person the copyright, either wholly or partly and either generally or subject to limitations and either for the lifetime of the copyright or any thereof. However in the case of future work, the assignment shall take effect only when the work comes into existence.
It may noted that after assignment, the rights of the assignor in the copyright shall be diluted to the extent of the rights so assigned to the assignee and in respect of the rights so assigned, the assignee shall be considered to be the owner during the period of assignment.
The assignment of copyright in any work shall be valid only when it is in writing and signed by the assignor of his duly authorized agent.
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