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09
May
17
Types of Copyright in India

Copyright is an exclusive right to any author/creator on his/her particular original work. It is form of intellectual property. Copyright entities may Literary, Dramatic, Musical notation, Software, Artistic and Copyright. It is a form of intellectual property is a legitimate idea which refers to form of protection conferred to the creator of original work. It contains expression and moral value of right and economy. Economic rights include the right to copy or publication a work or any substantial part of asset. It is a life time intellectual property.

Copyright of Literary Work

Books or Literary Work can also be copyrighted as soon as author pen down the book. It is an imperative for author with book stores mushrooming all over the place and online stores taking over the market. It prevents the stores, both online and physical, from buying or publishing copies. Books subsist itself as a copyright but still copyright registration builds an extra layer of protection. Many people might raise a question why to copyright a literary.

In case you write a story and save it on the system’s hard drive. In that case you do not have legal ownership towards the story written by you. But It is possible that I have got the same idea to write a story and co-incidentally it match with your story. Therefore to make full piece of right on the matter whether it is story, poem, book or any other literary you need to have a copyright of it. Copyright will make it your intellectual property.         

Copyright of Cinematography

Visual production of any moving object with sound is termed as cinematographic film. It needs a lot of hard work to produce cinema. Many people are associated in making films. Producer of cinema can claim copyright over it. There are certain rights provided to the producer of the film

  • To sell or resell it, to give it on hire
  • To make a copy, photograph or produce it in parts.
  • It also makes sure that the producer is the only one who has a right over taking the film to the public. However, the sound recording in the movie are not covered by the copyright of the movie.
  • Also the artistes the movie are not protected by the copyright of the film. 

People must remember that a cinematograph film can only be an adaptation of a particular literary work provided the copyright holder of the work has given his consent.

Copyright of Painting

Painting is an Artistic work which can be copyrighted. Artists or people working for an artistic work can copyright their creativity or abstract so that nobody steals their workpiece. Suppose you buy an original painting, artistic physical object etc. In that case you ‘own only the artwork’, not the copyright to it. Copyright of an object cannot be owned unless the artist signed over their copyright to the buyer. Buyers do not have the right to reproduce it and exploit it commercially. There have been laws made in many countries that follow the principle of ‘Work for Hire’ means that the work you created is an artwork of an employee of a company so the work actually belongs to the company. In case of freelancers, copyright remains with the artist. Basically this situation evolves more often when you produce original artwork for businesses and corporations.

Copyright of a Software

Copyright of Software is an extension of copyright law to machine-readable software. There are many of the legal principles and policy debates concerning software copyright to have close parallels in other domains of copyright law,

In India there are a number of distinctive issues that arise with software.

Software Developers uses Software Copyright and proprietary software companies to prevent the unauthorized copying of their software. Free and open source licenses also rely on copyright law to enforce their terms. Copyright licenses impose a duty on licensees to share their modifications to the work with the user or copy owner under some circumstances. No such duty would apply had the software in question been in the public domain.

 

Points of copyright to keep in Mind while remixing a song

Music notation can be copyrighted since Musician produce a unique Music by their hard work. People may copy or mix it to make their own song or music. In case you are making mash-up of your personal playlist, then your remix song could be costlier for you if a copyright holder sues you for infringement. Since, Remix songs are simply mixture and not the original work.

There certain issues faced in copyright of music

  • Reproduce work in any form,
  • Issue copy of the work;
  • Perform the work in public;
  • Make any films;
  • Sound recording in the work;
  • Translation of that work.

Read more copyright of music

There are certain points which should be kept in mind by making alteration without the previous consent of the owner.

 

08
May
17
Importance of Copyright over Trademark

We often confuse between copyright & trademark yet they have a few purposes of contrast which should be clarified before further registration. We need appropriate information about what the most ideal ways we can secure our ideas are. Knowing there are heaps of potential outcomes of your ideas being stolen by others in the market when you have something new and crisp that can undoubtedly make your business achieve the main, an appropriate comprehension of these terms appear to be fundamental. To start with the fundamental actuality must be clear in your mind that a copyright and a trademark secure are very unique.

What is a Trademark?

Trademark offers identity to a brand; it is a recognizable sign, word, outline or an expression which is utilized to distinguish the products or administrations of a dealer from those of others. A trademark helps in securing the brand name from being utilized or abused by the contenders; it also helps prevent confusion and manipulation of consumers, who come to associate with quality and attributes of a distinct brand in particular. A trademark is mostly located on the label, a voucher, or on the product itself.

What is a Copyright?

'A copyright can mean a law that gives you property rights for things you have made, be it a work of art, a photograph, a poem or a novel. The copyright law awards you possession with a various rights like:

  • The right to reproduce the work
  • The right to distribute copies
  • Right to display the work publically anywhere
  • And the right to prepare a derivative work

Advantages of Copyright over Trademark

  1. A copyright is automatic whereas a trademark has to be registered in order to get real protection.
  2. A copyright holder can keep or prevent others from utilizing his/her work while the trademark holder can't or may not keep others from utilizing the check publically.
  3. A Trademark is protected by both federal and state laws whereas in case of copyright, the laws are federal
  4. Copyrights can protect your work for the term of your life in addition to an additional 70 years. In the event of trademark, it is restricted to 10 years and has to be renewed after every 10 years
  5. Online infringement of copyright can be immediately taken care of under the Digital Millennium Copyright Act, however, this is not the situation with trademarks since it has a long legal process, both government, and state.

There are similarities between the two that have a tendency to confuse individuals:-

  • Both Trademark and Copyright gives the rights to the owner to prevent others from using their work
  • Both are protected with complex laws
  • They can exist all the while in some mark or design, even in shapes, colours or sizes.

Conclusion

Individuals totally makes trick of themselves by blending the two and may even wind up losing the market they as of now have. One ought to know how he can ensure protect his assets or respond to someone for claiming infringement. Another reason is that one who has the information can easily take advantage of those who don’t. Utilizing the distinction can help one in taking great business choices regarding product launches or for social media strategy.

05
May
17
Important facts of Copyright

Copyright registration

Copyright is an intellectual property. It recognizes the exclusive rights of the creator over an original work. Objective of Copyright is to protect the territorial rights. Copyright is mainly for the artistic work like Music, manuscript, fashion, designs, film and portrait. It is also for objects like books, software, brochures etc.

Copyright is basically reservation of moment you create your original work. Copyright registration is an added advantage. Copyright also protects the unnecessary disputes and are considered as “admissible evidence” in the court of law. Copyright has a lifetime right.

Need of Copyright Registrar

Copyright registrar is the head of a Copyright office. It serves as an office of record. Copyright Minister is controlled by the Ministry of Human Resource Development, Government of India. He/She is also in charge of implementation of Copyright Act. It is also the place where claims to copyright are registered and documents related to copyright are recorded. It furnishes information about the provisions of the copyright law and the procedures for making registration.

Copyright protection

Copyright protection is a form of monopoly that arises automatically at the moment author fixes the work in a tangible form. The object with copyright reserve an exclusive right. Copyright protection insurance policy can also avail by registering your work with the registrar of the copyright. It is conferred on all Original literary, dramatic, musical cinematography and sound recording works. Copyright Protection creates a public record of the work and you can then sue anyone for copyright infringement.

Copyright Infringement

Copyright Infringement is a term used for copyright protected work without permission. Copyright laws provide us a safeguard against theft of our creative works. In the case of new age of copyright, a new work is a derivative of some copyright work. There are mainly two types of assumption of infringement can be classified as primary infringement and secondary infringement.

Mainly primary infringement means that the original piece of work has been copied and the secondary infringement means that the original piece of work has either been pirated (books, etc.) or has been imported. In case of internet when someone swipes your picture/song/video from the internet and uses it for their own purposes, it is a copyright infringement.  

Copyright to Book

Books can also be copyrighted as soon as author pen down the book. It is imperative to copyright a book with bookstores mushrooming all over the place and online stores taking over the market. It prevents the stores, both online and physical, from buying a copy and publishing it copies.

Copyright for Sound recording and Film

Audio track and video can be copyrighted mainly it is recommended that you get an NOC from all the people involved in its making. Copyright also protects you from any objections thereafter. There are rules and regulations defined for the copyright on sound recording and cinematography copyright registration.

14
Feb
17
International IP Laws

International Intellectual property law is a combination of multilateral and bilateral agreements. These laws are important for the protection of trademark, copyright, and patent. Since, past few years there has been a revolutionary appeal towards technology, domain name, databases, software, and traditional knowledge. Protecting intellectual property is an important task which aims to provide legal security. International laws have been spread in all over the world for the promotion of assets and IP rights. All over the world, each country is having its own legislations according to which different countries have different IPR protection.

IP law basically deals with the rules for the security of legal rights, inventions, designs, and artistic works. Intangible assets are under full control. Purposely this law gives an incentive to people to develop creative works that benefit society. The Law has given many protection measures by ensuring that they can profit from their works without fear of misappropriation by others.

Protection against infringement

Unauthorized use of any intellectual property is known as infringement. Owners should take some steps to protect against infringement. These steps are taken to put the world on notice that their rights exist. Notice helps to determine infringement by making visible to those who might inadvertently violate. Legal benefits are triggered which puts the owner in a position.

Patent numbers are assigned by the owners to protect their invention. Patent pending is a status which also provides the copyright before the patent has been awarded. Addition in government database takes place by placing the appropriate symbol.    

What is WIPO?

World Intellectual Property Organization (WIPO) is an organization to protect and promote intellectual property throughout the world. United Nations is the parent organization of WIPO. The main responsibility of WIPO is to promote Intellectual property law and facilitate the transfer of technology. This is related to industrial property to the developing countries in order to accelerate economic, social and cultural development, subject to the competence.  

08
Feb
17
Difference between Copyright and Patent

Copyright and Patent seems to be similar but they are different. Both of them have its different importance in business. People sometimes get confused by the term used by some intellectual property. We can say that both of them are from the same family of intellectual property. 

There are some points which can help to differentiate between Copyright registration and Patent.

Point of View

Ideas coming in mind cannot be copyrighted. A person owns an asset with legal evidence and public notice of ownership. An individual can take this matter to court for infringement of copyright provided one has the papers in place. Whereas Patent is a right, granted by the government, to exclude others from making, using, or selling your invention.

Protection

Copyright is an idea which means a form of protection conferred to the creator of original work, which excludes others from using the work. Whereas Patent defines proprietary rights endowed to the inventor in which making, utilizing or trading of the invention is excluded.

Values

Copyright contains moral values or expression of right and economy. Economic rights include the right to copy or publication a work or any substantial part of asset. Moral rights include the right to the integrity of the work and the right to be listed as its author (though this is subject to certain limitations).The patent is a moral idea for Inventors and designers for filing patents. A patent protects inventions with a new or improved function.

Product

Sometimes a product can come into one or more of these categories. The code of the software will be protected by a copyright, whereas the functional expression of the idea will be protected by a patent.

Copyrights reserve the creative work of the artist. It also protects the ornamental design of products which can overlap whereas Patents are closely associated with things and processes that are useful in the real world. These two legal protections overlap when functional objects of distinct objects embody a distinctive or pleasing visual appearance.

 

Complexity

Protecting an intellectual property is a very complex process that evolves with each step of the life cycle. During its innovation, research, or development. A single product can have a patentable feature, whereas a creative angle protected by copyright and a source of the product that is trademarked.

Mostly probably patents are closely associated with things and processes that are useful in the real world. But copyrights protect expressive arts such as novels, fine and graphic arts, music, phonorecords, photography, software, video, cinema, and choreography.It is possible to get a patent on technologies used in the arts.

Registration

A copyright is automatically registered does not require any formality. But in the patent, there are some formalities which are needed to be fulfilled.

Excluding people

Copyright excludes others from copying or trading the product and patent excludes others from manufacturing or using the product.

Act

Copyright follow Indian Copyright Act, 1957 and patent follow Indian Patent Act, 2005

Time Period

Copyright is valid for the lifetime whereas Patent is provided for the limited period of time.

20
Oct
16
Sound Trademark in India

Any musical note, with or sans words can be trademarked in India. The practice of trademarking sound is popular in the West, particularly in the United States and with each passing day, the practice is picking up in India as well. Trademark Act in India provides for protection of graphical representation of sound and also those sounds which are in the form of musical notes. Once the sound as acquired distinctive sign, it is eligible to be trademarked. For a common consumer, the sound should be distinctive enough for him to relate that to a particular good service. There is no particular law which states that sound marks be excluded from registration but instances of registering a sound mark is rare, particularly in India.

There are certain clauses which how one can apply for sound mark registration.

First and foremost, the applicant must mention that the application is for sound mark registration. Otherwise in all likelihood, it will be considered a word or at best a device mark.

There must be a graphical representation of sound mark divided by measures and showing, clef, musical notes and rest all other nuances. The registration of a sound mark very well depends on whether it has become distinctive or not. The application must prove it with substantial evidence that the consumer will be able to perceive the sound as something exclusively related with a particular service.

Now that we know about what requires to be done to register a sound mark, let us also know about what all sounds cannot be registered according to the Trademark Act of India

  • All those simple pieces of music comprising just one or two notes
  • Common songs used as chimes
  • All forms of popular music already in use in entertainment industry and other services
  • Nursery rhymes for children cannot be marked for products and services aimed at children
  • Music which isclosely associated with a particular region or country for a unique set of goods or services native to that area.

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