Are you thinking about copyrighting your creation? If yes, read this blog to know how you can protect your copyright.
How to Protect Copyright: Content creators are mushrooming in recent times across every part of the world and becoming the owner of their content. Books, digital materials, music, art forms, literary, dramas, cinematographic works, and any creative work requires the protection of copyright. Performance Rights in Copyright Law in India cover the expression of the ideas, or information of the creators, thereby the creator inherits the ownership of the same.
With the rising production of digital content and creations online, the value of copyright law becomes more valuable to the creators and thereby yields benefits including earning through their work, either while distributing the copies or broadcasting the content via third parties. Therefore this article aims to elaborate on the copyright basics for the new creators. Please read on to know more about copyrights and their effects on protection against piracy.
Copyright – Where Does it Apply?
Copyright Law protects the expression of the idea, which might be in the form of music, artistry, literature, sound, or films. However, copyright law doesn’t cover mere idea, which has not yet been expressed to the world.
For instance, Books, Novels, Novellas, or any other form of literature constrain book stores or any firm from copying or selling the item without legal permission from the author. In this case, the copyright law covers, the book, idea or story inside the book, characters, and intellectual property of the author.
Therefore copyright gives the sole permission and authority to the creator and lets the creator a right to ownership, reproduction, and communication or distribution to the public, or translation of the work across the languages.
Copyright- Importance
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Protection against piracy
Copyright emphasizes protection and prevents the public or associations from using the entity illegally or misusing the ownership of the entity. The copyright law also prohibits the duplication of work or distribution to the public without prior agreement with the creator. Such activities would be considered unlawful and would be regarded as Copyright Infringement by the Court.
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Legal protection
The owner of the entity or the creator will exercise full ownership or legal protection of the entity. This factor ensures the development of creativity and encourages innovation and thereby improving the economic value of the creators across the country.
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Royalty
The owner of the product can enjoy the royalty made out of that entity when the work is translated or altered. The remuneration of the translated work is given to the owner. For instance, the software development company or music directors create their product by investing a large amount of money and time to create software solutions or music, without having to worry about it being copied or misused. The copyright law also ensures the company or the creator yields the benefits completely.
Documents Required for Registering a Copyright
Online copyright protection for newbies across India has eased the entire process of registration which can be assessed remotely.
- Documents that prove the particulars of the applicant such as Identity card, address proof, and nationality of the creator.
- Disclosure of the creator that states the interest of the applicant, includes the author’s no-objection certificate if the applicant is not the author himself.
- Copies of the work, either digital or non-digital
- Incorporation certificate if the work is related to business.
- Document stating the nature of the work
- Language of the work
- Publication date of work
- Photograph of the author
Rights Exercised by the Authorized Creator
The creator who has acquired the Copyright license has the exclusive rights that extend the protection across the economic, legal, and social interests of the owner. The copyright law offers the rights to the owner that includes:
- Reproduction of the content
- Right to the adaption of the content
- Right to distribute to the public or communicate or broadcast it
- Right to perform for the public
- Right to paternity
- Right for integrity
Validity of the Copyright
Across India, the copyright law holds higher value and thereby can be exercised for a longer period, where it holds the validity period of over 70 years for the artistic works, which is considered a huge benefit for the creators, as the application procedure is comparatively simpler for its benefits.
If the creators seek copyright for the unpublished works, the validity still expands to the span of the life of the author and 70 years from the time of registration.
How to Apply for Copyright for Your Work?
Step 1: Registration
The creator has to apply for registration and fill up the details on form IV which comes with an application fee. Registration can be done for published work or work that is yet to be published.
If the work is already published, the registrar would expect to submit 3 copies of the published work with the application form.
If the work is yet to be published, the creator is expected to submit the manuscript copy along with the application.
Step2: Examination of the application
The authorities will start to evaluate the application and consider any objections that might arise against the application. If the authorities find any difference of opinion, the authorities give information about the discrepancy to the creator and wait for a hearing from the creator.
The creator is expected to file the legal reverts within due time. Some contents or entities might not comply with the regulations related to the copyright, which might get rejected during the examination, and thereby a letter of rejection is sent out to the applicant.
If the application fulfills the criteria, then the applicant can proceed with their application.
Step 3: Moves to further scrutiny
The examiner evaluates the application, where the application might contain any discrepancy, or can acquire approval straight away. In another case, the application might get rejected here, which might not be moved further for registration.
Step 4: Registration
The applicant receives copyright permission and can enjoy the rights of copyright. This approval gives the creator exclusive and complete rights towards the creative work.
Click here to know more about Copyright in Sound Recording India.
Infringement of Copyright Law
Stringent laws related to copyright are exercised across India and would demand the illegal user to pay a fine not less than INR 50,000 and issue imprisonment of at least 6 months to 3 years. Therefore the value of copyright law holds weight across India and protects creators effectively.
Conclusion
Creativity leads to progress in society and enables the economic development of the country. Protecting creators against piracy encourages and gives purpose and recognition for their hard work and efforts. Although applying for copyright comes with a long registration procedure that might take around 12 months, it enables the creator to exercise their rights for a longer period, even after their death.
Copyright also enables the creator to make a legal move easier if their work is copied or altered without their consent. Going through a long registration process can be overwhelming and drain your time, seeking the help of legal authorities here make them move faster. Specialized legal professionals at Vakilsearch are renowned for their accuracy and pace in delivering copyright legalization.
