Guide to Copyright and Trademark

In this blog, learn about the A to Z of copyright, types of copyrights and the difference between copyright and trademark.

Introduction – Guide to Copyright and Trademark

In general terms, ‘copyright’ refers to the ‘right to copy’ that is solely available to the creator or author. Any other individual who duplicates the author’s or creator’s original work will be charged with Copyright Infringement under the provisions of the Copyright Act of 1957. The Act of 1957 ensures that authors’ rights to their inventions are protected. Creativity is the cornerstone of growth in any civilised society, and no civilised culture can afford to neglect it. Additionally, innovation is critical to a society’s social and economic progress. In this article guide to copyright and trademark explains how to obtain them, types and much more.

How to Obtain a Copyrights? 

Any interested person can register their copyrights under Section 45 of the Copyrights Act of 1957. If the copyright is registered, the certificate can be used as proof in court in the event of a disagreement about creation. Copyrights registration protects the original version from being duplicated or replicated. However, copyright protection does not require a notice of protection or copyright registration in India because it is merely a factual record. To show their registration, the copyrights owner might use the symbol ‘©. However, if you still wish to register for the record, follow the steps below.

Registration Process 

•  You need to submit your application on Form XIV
•  Each piece requires 6 hard copies and 3 soft copies of the work, as well as its application
•  The owner must apply, sign it, and have a lawyer co-sign it
• The fee will be paid to the copyrights registration according to the rules
• After receiving the calendar number, the applicant must wait 30 days to see if the work has been refused. If there is an objection, the officer will summon the parties and conduct a hearing. The examiner’s decision is final. He can approve or reject the request
•  If there is no objection, the application file will be reviewed and registered.

Types and Rights Associated with Copyright 

The following are the exclusive Performer’s Rights Copyright India associated with various types of works protected by Copyrights.

Literary works 

The term “literary work” refers to a computer program that includes textbooks or dissertations, fiction, research dissertations, plays, tables, scripts, biography, editorials, dissertations, and computer databases. These are original or original literary works. The copyright of literary works (excluding computer programs) is related to the exclusive copyright act literary work. 

•  To duplicate the work 
•  Issuing a public copy of the work 
•  Public work performance 
•  Communicate your work to the public 
•  Make recordings and film films related to your work 
•  Preparing to translate the work 
•  Make specific changes to your work

Dramatic works

Dramatic works are also a form of literary work. Theatrical productions include readings, choreography, silent film entertainment, landscape arrangements, acting arrangements, or acting based on the written work of the set. However, the cinematographic film is not included. 

In the case of copyrights in a drama work, copyrights are the exclusive right to recreate the work, distribute a public copy of the material, make the work publicly available, and incorporate the work into the film. It also includes, alterations of the work in some way or to complete the translation of the text of the movie film.

Also know: Public Performance License Cost

Artistic Works 

Sculptures, paintings, caricatures, graphics, lithographs, etchings, drawings, plans, photographs, figures, building models, tables, buildings, maps, moulds, and casts of sculpture are all works of art under Article 2 of the Copyright Act. Protected by rights 1957. 

In the case of copyrights of a work of art, copyright means recreating the work, distributing a public copy of the material, presenting the work to the audience, and incorporating the work into a film for that purpose. It is also used to record any changes in the work – Artistic Work Copyright

Musical Works 

A musical work is a separate work with its copyrights. There are no sounds or lyrics in the Musical Works. Though sound recordings are dependent on musical works, the protection of musical works necessitates the filing of a separate application with the Copyright Office for the registration of such musical works. The author of a sound recording is not required to ask the author of a Musical Work for permission. A Musical Work doesn’t need to be written down to enjoy copyright protection.

The term ‘copyright’ means the exclusive right to a musical work to reproduce the work, distribute public copies of the material, publish the work, publish it to the audience, and record or make a film. Connecting to work to make changes to the work to translate the work. 

Cinematograph Films – Copyright in Cinematographic Films India

Cinematograph film is a work of visual recording combined with sound recording created using digital or similar technology, including video film. It also includes visual records created on any medium and stored in any way. Recorded works, including videos and visual elements, are considered cinematic works for film definition.  In the case of movie copyright, copyright refers to the exclusive right to publicly disseminate the movie film for sale or rent a copy of the movie, or to offer to sell or rent a copy. 

Sound Recordings – Copyright for Music in India

All recordings, regardless of storage medium, are called recordings. This includes songs with or without music, including singer voices, recorded speeches or audio, or podcasts. If the recording also contains music, the consent of the composer of the song is required to protect the copyright of the recording.  The term ‘copyright’ means the exclusive right in the case of recordings.  A copy of a recording intended for sale or rental or offer for sale to create another recording that represents it. Or to make rentals and recordings open to the public.

Difference between Copyright and Trademark 

Copyright and trademarks are two different forms of protected works that serve different purposes. While copyright protects creative work and is immediately in place after you generate it, a trademark protects a company’s name, logo, or slogan and requires registration.

What Is Not Included in the Type of Works Protected by Copyright?

• Ideas, Methods and Systems

Ideas, methods, and systems do not fall under the 1957 Copyright Act for Copyrights Protection. Examples of ideas, methods, and systems include the construction or creation of objects, engineering or scientific methods, engineering or scientific discoveries, mathematical concepts, business processes or operations, algorithms, formulas, or other processes, concepts, or. Includes working methods.

• Commonly Known or Generic Information

Substances or products that appear to have no known authorship or are in the public domain fall into the public information category. Examples of such publicly known information include height and weight charts, standard calendars, tape measures and rulers, phone books, and tables or lists obtained from public sources. for example. The phrase “sky is blue” falls into the above categories because it has no recognised origin or ownership associated with it.

• Names, Titles, Short Phrases, or Expressions 

Creative slogans, product descriptions, titles of works, pseudonyms, and company names that someone has come up with for their business are all names, titles, short phrases, or examples of phrases. The above names, titles, short phrases, or phrases are not protected by copyright law of 1957 but may be protected by trademarks related to your business under trademark law of 1999. B. Goods and services.

• Choreographic Works 

The choreographed work, whether original or not, is not protected by copyright unless an annotation or videotape is created. The same applies to speeches that were not recorded before or after they were made, and other types of performances.

• Fashion 

Copyrights does not protect fashion such as dresses, shirts and other clothing. Even though copyrights protects works of art and architectural designs, fashion is all about accessories and clothing that are considered useful or valuable products under copyright law: https://copyright.gov.in/. However, while it is possible to protect the copyright of a specific fabric design, it is not possible to protect the copyrights of the entire costume. Also, note that Indian design may be the type of work that is copyrighted in certain forms.

Guide to Copyright and Trademark – Conclusion 

The Copyright Act of 1957,  protects the hard work or efforts of designers, musicians, writers, artists, architects, dramatics, and makers of cinematograph films, computer software, and sound recordings, fosters a creative environment for them, encouraging them to create or generate more and motivating others to do the same. The creator’s invention, on the other hand, cannot be claimed for generations as it would be detrimental to social fairness. As a result, in India, a term of life, author or creator, in addition to 60 years, is used to determine the period for Copyright protection. It may last for a different amount of time in different countries.

Read More:

• Intellectual Property: Trademark vs Copyright
• Trademarks, Copyrights & Patents – How Do They Differ?
• Trademark Clearance Certificate for Copyrights