Copyright Portfolio

Copyright is a legal right granted to creators of literary, dramatic, musical and artistic works, as well as producers of cinematograph films and sound recordings. It encompasses a bundle of rights which include rights of reproduction, communication to the public, adaptation and translation of the work. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity.

Copyright Law offers protection to original “expressions” and not “ideas”. Originality is attributed to a work when the author applies intellectual labour. Further, in India, copyright vests in the author of a work only once the work is put in a tangible form. As per Copyright Act, 1957 copyright subsists in the following classes of work – original literary, dramatic, musical and artistic works, cinematograph films, sound recording.

It is pertinent to note that copyright comes into existence as soon as a work is created and no formal registration is required to obtain copyright. However, it is advisable to register copyright as the Certificate of Registration serves as a concrete evidence of ownership of work and the date of its creation, which can be crucial in preserving and defending intellectual property rights. In addition, since India is a signatory to International Conventions, for example, the Berne Convention, copyright protections are equally accorded to works created by foreign nationals in Convention countries.

Protection Prerequisites

• Originality – The term “original” does not demand original or inventive thought, but only that the work should not be copied but should originate from author. However, exercise of efforts on the part of the author should not be trivial in nature and thus should not be a mere exercise of the mechanical function of copying the work of another. Variation must be substantial in nature than merely trivial.
• Copyrightable Authorship and Subject Matter – For a work to qualify as a copyrightable subject matter under literary class, it must have literary expression in the form of text, notes or symbols. It can be expressed in the form of a book, novel, magazine, catalogue, computer programmes, tables, compilation, translation or adaptation of a preexisting work etc. Titles, single word, titles, two or three sentences, slogans, certificates, blank forms, websites, mathematical formulas, recipe, layout, flowcharts, are not eligible for copyright protection.
• Created/Expressed in a tangible form– To qualify for copyright protection, the work must be “fixed” in a tangible/physical medium which means the creative work written down, recorded, or saved in a physical or digital format.

Filing Requirements:

Following documents and details are required for the purpose of Copyright Registration:

• Application for registration is to be made on Form XIV (Including Application/Declaration Form, Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule of the Rules.
• Separate applications should be made for registration of each work.
• Each application should be accompanied by the requisite fee.
• The applications should be signed by the Applicant.
• Power of Attorney
• 2 identical copies of the work
• In case of a Computer Programme, the Source Code and Object Code of the creation in machine readable format
• Details of title and language of the work
• Details of name, address and nationality of the applicant
• No Objection Certificate in certain cases

Copyright violations

Copyright violations or infringement occur when someone intentionally or unintentionally copies or reproduces the creative work of another without obtaining the author’s prior consent, permission, or authorization, as outlined in the copyright law. This includes situations where the copying is done in violation of a contract, license, or assignment agreement with the original author. There are two types of infringement:

1. Primary infringement: This refers to the direct reproduction, distribution, or display of the copyrighted work without authorization.
2. Secondary infringement: This occurs when someone facilitates or contributes to the primary infringement by providing means or services that enable others to infringe on the copyright. Examples include supplying equipment or services used for reproduction or distribution purposes.

Our Services

We at Khurana & Khurana cater to the needs of various stakeholders like individuals, industries, rights managers, publishers, IT companies, producers and broadcasters, At Khurana and Khurana, we offer comprehensive services encompassing all aspects of Copyright  Registrations. With the necessary expertise and know-how, our team of advocates and attorneys provides

• Assistance with Filing and Prosecuting Applications to register Copyright
• Advising on Agreements for the Licensing, Sale or Purchase of Copyrighted material
• Handling Cancellations of Copyright
• Representing clients before the Copyright Office and the High Courts in connection to the Copyright
• Conducting Due Diligence Investigations to ensure clients are not in breach of third party rights, including but not limited to software licenses
• Strong capabilities in enforcing copyright – litigating civil and criminal suits and pursuing administrative remedies before various courts and tribunals in India
• Assisting with search and seizure operations
• Guiding clients on issues of customs records and parallel importation
• Expertise in analysing overlapping IP rights
• Drafting take-down notices
• Managing Online Content

The process of copyright registration may be time-consuming but is crucial for safeguarding intellectual property, and hence it is highly recommended. Once registered, it significantly simplifies the process of defending author’s creation by proving ownership in court, specically in case of infringement. Under the Copyright Act of 1957, adequate compensation in the form of damages and provisions for injunctive relief against infringing publications are provided. At Khurana and Khurana, in addition to handling prosecution, we have exemplary IP attorneys in India with extensive experience in managing contentious matters and protecting copyrights through enforcement actions, including infringement, opposition proceedings, invalidations, cancellations, and anti-counterfeiting measures.