ADVOCATES FOR COPYRIGHTS
Advocate Saravvanan Rajendran Law associates is the top leading copyright law firm in Chennai, India. Intellectual property rights lawyers strive to provide cost effective methods of resolving your issues. In fact, Corporate Lawyers in this office provide quality representation and services for all to company clients.
Copyrights law is being governed by copyright Act and Copyright Rules in India
What is copyright ?
This corporate Law office gives copyrights to intellectual property creator. Firstly, the intellectual property can be in the form of literature, drama, music and art work. Moreover, It can also be cinema and sound recordings. When one creates such original work, the copyright comes into existence.
Rights of intellectual property owners
Right to reproduce of their work
Right to communicate their work to people
Rights to alter and translate their work
A person who is an original author or rightful owner or assignee can register for copyrights. Registration of copyright is not mandatory. In the event of disputes, copyright certificate serves as evidence in court. It is always advisable to apply for copyright registration
Copyright infringement means use of intellectual property without the permission of its creator. There are some exemptions to copy right infringement. It may be like use of intellectual property (IP) for research, review or criticism. IP used for Classroom teaching is also not copyright infringement.
Details and documents for copyright registration
The following information is necessary at the time of applying for copyright – name, address, applicant’s and author’s nationality, nature of interest, work title, author’s declaration, language of work, published or unpublished work, publisher name, year in which published, power of attorney and so on.
Procedure of Copyright registration
File Form XIV (copyright application) along with fee. The payment of fees is through demand draft, postal order or online payment.
After which a diary number gets allotted.
You need to send by registered post the following. They are Copies of Form XIV, statement of particular and statement of further details. You need to send the same to every person who has interest or disputes the applicant.
You need to wait for a period of 30 days for objection. If any objection gets filed, both the parties receive letter. The registrar of copyright after receiving requisite reply from parties conducts hearing. After hearing if application gets rejected, the applicant receives a rejection letter.
When there is no objection, registrar of copyrights examines your application for discrepancies. In case of discrepancies or extra document, the applicant receives a discrepancy letter.
Within 30 days you need to respond to discrepancy letter. You also need to submit extra documents.
When all formalities get satisfied, the registrar issues copyrights certificate.
Time Line of Copyright registration
As a general rule copyrights is valid for 60 years. The copyright time line of literature like drama, music commences after author’s death. In case of cinema, sound records etc. the time line commences from publication date.
What is copyright infringement?
Copyright law gives exclusive right to the copyright holder. The copyright holder has rights like reproduction, distribution, performance or do derivation. The use of copyright protected work without permission is copyright infringement.
What are the popular forms of Copyright Infringement?
The following are some of the most common kinds of copyright infringement:
· Selling or hiring copyrighted work without the creators’ permission.
· Giving permission to perform copyright infringed work at any place.
· Distribution of work that is copyright infringed.
· Exhibiting in public about copyright infringed work.
· Importing copyright infringed works
Any person or business doing above is liable for prosecution under copyrights law.
Who can lay claim on the Copyright Ownership?
The author’s name published on literature, drama, music or art gets presumed as the author. He gets recognition as copyright owner. Unless if you can prove it otherwise.
What are the remedies for Copyright Infringement?
You can take legal action when there is copyright infringement of your work. The owner can file a civil law suit. He can claim remedies like injunctions, damages and accounts. Metropolitan or Judicial Magistrate and above can conduct the trial for copyright infringement.
Artificial judicial person like company, LLP etc. can commit copyright infringement offence. All concerned officers of the judicial person is liable for the offence.
Can Copyright Infringement undergo Criminal Prosecution?
copyright infringement committed with intent is a criminal copyright infringement. The least punishment is 6 months imprisonment and find of INR 50,000 for first time offence. In case of second and later offence least of 1 year imprisonment and a fine of INR 1 lakh gets slapped.
Is Copyright Infringement a Cognizable Offence?
In Cognizable offence a police officer can an arrest without a warrant. The police officer can start investigation with or without court order. The police officer has to be sub inspector and above the post. Then only he can conduct arrest and investigation. The police officer has authority to confiscate copies and plates used for copying. He can produce the same to the Magistrate during trial.
Yes, copyright infringement is a cognizable offence.
Top advocates for copyright issues in Chennai
Corporate advocates in this law firm are specialists in handling copy right infringement cases. The expert lawyers here strive to get court orders for injunctions and compensation for copyright infringement. Kindly call the senior corporate attorneys and fix up an appointment for consultation. Above all, these legal consultants assure to get to the bottom of your issue and suggest suitable legal solutions. Contact the best corporate attorney Today!