Copyright Registration
DEFINITION-
According to the Sec 14 of the copy right act 1957 the copy right means the exclusive rights to do or authorized to do certain acts in relation to all kinds of artistic works. That means the original owner/ author of the artistic has the rights to use , to sell, to authorized someone to use the work of the author on rental basic, in case some on is infringing the work ,the original owner has the rights to take the legal action against the unauthorized user etc.The objective of the copy right is to prevent others from taking unfair advantages of a person’s creative work. The objective of the copyright is to facilitate, motivate, and encourage the author to create original work. BHARAT REGISTRATION. COM is the place where you will get the copyright registration within the affordable price; we are having the best attorneys who will provide the COPYRIGHT REGISTRATION in a professional way.
WHICH KIND OF WORK GOING UNDER THE COPY RIGHT ACT 1957.
Sec 13(1) says that which kind of works are going under the copyright act 1957.The works are –
1. Original literary, dramatic, musical and artistic work
2. Cinematography films.
3. Sound recording.
The copy right not only protect the (a) Original literary, dramatic, musical and artistic work (b) Cinematography films (c) Sound recording but also related rights , mainly broadcasting and performers rights ( sec 37 & 38)
Here we are going to discuss about some complicated term of copy right
1. AUTHOR –
Author means in relation to
a. Literary or dramatic work – Author
b. Musical work - Composer
c. Artistic works - Artist
d. Photograph - The person who takes photographs
e. Cinematography or sound recordings - Producer
f. Computer generated work - The person who creates it.
2. LITERARY WORK
A literary work consists of matter or material or subjects expressed in a language and in written down.
For example - Index of railway station, or a railway guide or a list of stock exchange quotation qualifies as a literary work if a sufficient effort has been expended in compiling in to give a new and original character.
3. DRAMATIC WORK
A dramatic work includes choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a CINEMETOGRAPHIC film.
4. ARTISTIC WORK
Sec 2 (c) defines artistic work. It speaks about the 3 category of work.
(I) Panting, A drawing including a diagram, maps, chart, or plan, an engraving or a photographs whether or not any such work possess artistic quality.
(II) A work of architecture.
(III) Any other work of artistic craftsmanship
5. CINEMATOGRAPHY FILM
Cinematography film is defines under the Sec 2(F) as any of visual recordings and includes the sound recordings a companying such visual recordings and “cinematograph” shall be constructed as including any work produced by any process and analogues to cinematography including video films.
6. SOUND RECORDINGS
As per Sec 2 (xx) a recording of sounds from which such sound may be produced regardless of the medium on which such recordings is made or the method by which the sounds are produced.
7. MUSICAL WORK
The musical work includes the music, graphical notation. however , it does not include any words or any action intended to be sung , spoken or perform with music adaptation in relation to a music works means any arrangement or transcription of the work. The musical work is not merely a combination of melody and harmony or either of them. It must necessarily also have been printed, reduced to writing or otherwise graphical produced or reproduced. There is no copyright in a song, the words of the song create a copyright in the author of the song and the music of the song is the copyright of the composer but the song itself has no copyright. However, where the words and music are written by the same person he would own the copy right in the song. A music work in order to enjoy copy right, must be original.
BHARAT REGISTRATION. COM is the place where you will get the copyright registration within the affordable price; we are having the best attorneys who will provide the COPYRIGHT REGISTRATION in a professional way.
1. The subject matter of the copyright must be one of the works mentioned under Sec 13 ;
2. There must be originality in the works ;
3. A copy right to subsist in a literary , dramatic , musical and artistic work, it must qualify as a work;
4. The work must be in tangible( visible) form;
5. The work should have been first published in India or the author must be a citizen of India.
BHARAT REGISTRATION. COM is the place where you will get the copyright registration within the affordable price, we are having the best attorneys who will provide the COPYRIGHT REGISTRATION in a professional way. If you want to discuss regarding the copyright registration and about the procedure in detail please call us
Sec 17 of the copyright act 1957 states the basic rule that ‘the author of a work shall be the first owner of the copyright therein’. However there are some exceptions to this basic rule. For example where a literary, dramatic, musical, artistic work is made by an employee in the course of his employment, his employer is the first owner of the copyright subsisting in the work subject to any agreement to the contrary. For this purpose, we must see in whom ownership exists. THE COPYRIGHT MAY BE OWNED BY A PERSON WHO HAS CREATED IT OR IT MAY BE OWNED BY THE AUTHOR’S EMPLOYER OR IT MAY BE OWNED BY ANOTHER PERSON WHO HAS GOT THE OWNERSHIP BY ASSIGNMENT.
BHARAT REGISTRATION. COM is the place where you will get the copyright registration within the affordable price; we are having the best attorneys who will provide the COPYRIGHT REGISTRATION in a professional way. If you want to discuss regarding the copyright registration and about the procedure in detail please call us
> The term of anonymous and pseudonymous works – The anonymous work is that work which does not have any author’s name appended. The pseudonymous work is a work which acknowledge as the work of a fictitious character / person by keeping the real identity of the author confidential. In this case the term of the copyright is 60 years of publication. > Term of posthumous work A posthumous work is a work which is published after the death of the author. In this case the term of the copy right is 60 years of publication. > The term of copy right in photographs In this case the term of the copy right is 60 years from its publication. > The term of copy right in cinematography films In this case the term of the copyright is 60 years from the publication. > The term of copy right in sound recordings In this case the term of copyright is 60 years from its publication. > he term of copyright in government work In this case the term of copyright is 60 years from its publication. > The term of copyright in works of public undertakings In this case the term of copyright is 60 years from its publication. > Term of the copyright in works of the international organizations In this case the term of copyright is 60 years from its publication. In the case of broadcast reproduction it will subsist until 25 years from the year of broadcasting and in the case of performer’s rights, it will subsist for 50 years. > THE PROCEDURE FOR REGISTRATION IS AS FOLLOWS: a) Application for registration is to be made on Form XIV (Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules; b) Separate applications should be made for registration of each work; c) Each application should be accompanied by the requisite fee prescribed. d) The applications should be signed by the applicant. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed, if applicable.
Author means in relation to
a. Literary or dramatic work – Author
b. Musical work - Composer
c. Artistic works - Artist
d. Photograph - The person who takes photographs
e. Cinematography or sound recordings - Producer
f. Computer generated work - The person who creates it.
2. LITERARY WORK
A literary work consists of matter or material or subjects expressed in a language and in written down.
For example - Index of railway station, or a railway guide or a list of stock exchange quotation qualifies as a literary work if a sufficient effort has been expended in compiling in to give a new and original character.
3. DRAMATIC WORK
A dramatic work includes choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a CINEMETOGRAPHIC film.
4. ARTISTIC WORK
Sec 2 (c) defines artistic work. It speaks about the 3 category of work.
(I) Panting, A drawing including a diagram, maps, chart, or plan, an engraving or a photographs whether or not any such work possess artistic quality.
(II) A work of architecture.
(III) Any other work of artistic craftsmanship
5. CINEMATOGRAPHY FILM
Cinematography film is defines under the Sec 2(F) as any of visual recordings and includes the sound recordings a companying such visual recordings and “cinematograph” shall be constructed as including any work produced by any process and analogues to cinematography including video films.
6. SOUND RECORDINGS
As per Sec 2 (xx) a recording of sounds from which such sound may be produced regardless of the medium on which such recordings is made or the method by which the sounds are produced.
7. MUSICAL WORK
The musical work includes the music, graphical notation. however , it does not include any words or any action intended to be sung , spoken or perform with music adaptation in relation to a music works means any arrangement or transcription of the work. The musical work is not merely a combination of melody and harmony or either of them. It must necessarily also have been printed, reduced to writing or otherwise graphical produced or reproduced. There is no copyright in a song, the words of the song create a copyright in the author of the song and the music of the song is the copyright of the composer but the song itself has no copyright. However, where the words and music are written by the same person he would own the copy right in the song. A music work in order to enjoy copy right, must be original.
BHARAT REGISTRATION. COM is the place where you will get the copyright registration within the affordable price; we are having the best attorneys who will provide the COPYRIGHT REGISTRATION in a professional way.
WHICH KIND OF WORK IS CAPABLE TO SATISFY THE CRITERIA OF COPY RIGHT?
To enjoy the protection of copy right of a work, the following condition are to be satisfied. They are:-1. The subject matter of the copyright must be one of the works mentioned under Sec 13 ;
2. There must be originality in the works ;
3. A copy right to subsist in a literary , dramatic , musical and artistic work, it must qualify as a work;
4. The work must be in tangible( visible) form;
5. The work should have been first published in India or the author must be a citizen of India.
BHARAT REGISTRATION. COM is the place where you will get the copyright registration within the affordable price, we are having the best attorneys who will provide the COPYRIGHT REGISTRATION in a professional way. If you want to discuss regarding the copyright registration and about the procedure in detail please call us
AUTHOR AND OWNER OF THE COPYRIGHT
The “author” is a person who actually writes, complies, composes or draws the work although the idea of the work may have been suggested by another or the work may have been subsequently altered in accordance with the advice of the author. There is no copyright in ideas. The originator of an idea is not the owner of the copyright belongs to the person who gives concrete form to the idea. Copy right subsists not in ideas but in the tangible form in which it is expressed.Sec 17 of the copyright act 1957 states the basic rule that ‘the author of a work shall be the first owner of the copyright therein’. However there are some exceptions to this basic rule. For example where a literary, dramatic, musical, artistic work is made by an employee in the course of his employment, his employer is the first owner of the copyright subsisting in the work subject to any agreement to the contrary. For this purpose, we must see in whom ownership exists. THE COPYRIGHT MAY BE OWNED BY A PERSON WHO HAS CREATED IT OR IT MAY BE OWNED BY THE AUTHOR’S EMPLOYER OR IT MAY BE OWNED BY ANOTHER PERSON WHO HAS GOT THE OWNERSHIP BY ASSIGNMENT.
RIGHTS OF THE COPYRIGHT OWNER:-
Copyright is a process through which the owner can protect his /her work. According to the copy right act the owner/ author of the copyright have some special rights.BHARAT REGISTRATION. COM is the place where you will get the copyright registration within the affordable price; we are having the best attorneys who will provide the COPYRIGHT REGISTRATION in a professional way. If you want to discuss regarding the copyright registration and about the procedure in detail please call us
TERM OF COPY RIGHT –
> The term of copy right in published literary, dramatic, musical and artistic work. In respect of the published literary, dramatic, musical and artistic works, the duration is lifetime of the author plus 60 years after his death. In case of a work of joint authorship, the period of sixty years will commence after the death of author who dies last.> The term of anonymous and pseudonymous works – The anonymous work is that work which does not have any author’s name appended. The pseudonymous work is a work which acknowledge as the work of a fictitious character / person by keeping the real identity of the author confidential. In this case the term of the copyright is 60 years of publication. > Term of posthumous work A posthumous work is a work which is published after the death of the author. In this case the term of the copy right is 60 years of publication. > The term of copy right in photographs In this case the term of the copy right is 60 years from its publication. > The term of copy right in cinematography films In this case the term of the copyright is 60 years from the publication. > The term of copy right in sound recordings In this case the term of copyright is 60 years from its publication. > he term of copyright in government work In this case the term of copyright is 60 years from its publication. > The term of copyright in works of public undertakings In this case the term of copyright is 60 years from its publication. > Term of the copyright in works of the international organizations In this case the term of copyright is 60 years from its publication. In the case of broadcast reproduction it will subsist until 25 years from the year of broadcasting and in the case of performer’s rights, it will subsist for 50 years. > THE PROCEDURE FOR REGISTRATION IS AS FOLLOWS: a) Application for registration is to be made on Form XIV (Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules; b) Separate applications should be made for registration of each work; c) Each application should be accompanied by the requisite fee prescribed. d) The applications should be signed by the applicant. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed, if applicable.
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