GlowWell Consultancy | Patent, IPR, Legal

Copyright gives the creators of a wide range of material, such as literature, art, music, sound recordings, films and broadcasts, economic rights enabling them to control use of their material in a number of ways, such as by making copies, issuing copies to the public, performing in public, broadcasting and use on-line. It also gives moral rights to be identified as the creator of certain kinds of material, and to object to distortion or mutilation of it. (Material protected by copyright is termed a "work".)
The purpose of copyright is to allow creators to gain economic rewards for their efforts and so encourage future creativity and the development of new material which benefits us all. Copyright material is usually the result of creative skill and/or significant labour and/or investment, and without protection, it would often be very easy for others to exploit material without paying the creator.
Most uses of copyright material therefore require permission from the copyright owner. However there are exceptions to copyright, so that some minor uses may not infringe copyright.

Frequently Asked Questions about Copyrights:

What is a copyright?

Copyright is a form of intellectual property protection granted under the Indian Copyright Act 1957, to the creators of original works of authorship such as literary, dramatic, musical, artistic, and certain other intellectual works The copyright vests in original work in whatever form it may be and in India it is not mandatory but useful in courts where civil and/or criminal proceedings can be taken to protect it.

What are the rights available through copyright protection ?

Copyright owners have the exclusive rights to do or authorise the doing of any of the following in respect of a work :
- to reproduce the work in any material form including the storing of it in any medium by electronic means
- to issue copies of the work to the public not being copies already in publication
- to perform the work in public, or communicate it to the public
- to make any translation or adaptation of the work
- to sell or give on hire, or offer for sale or hire a copy (in case of a computer software), regardless of whether such copy has been sold or given on hire on earlier occasions.
- copyright confers a number of rights, some or all of which can be granted to others either exclusively or non-exclusively.

What are the requirements for filing the copyright application in India?

- For filing the copyright application in India, following are the requirements :
- Full Name, Address and Nationality of Applicant & that of the author
- The year & country of first publication of the work
- List of countries where the work has been published and the year of publication
- The year & the country of last publication
- Six copies of the work
- Power of Attorney
In case of labels, which can be used as trademark, firstly clear copyright search certificate has to be received from the trademark registry & only thereafter, application for copyright can be filed in the copyright office

What is the procedure for the grant of copyright in India?

Following steps are involved for the grant of copyright in India :
The application with complete details is filed
Thereafter, the application is examined and objections, if any, are raised thereto.
The certificate is issued by the copyright office after the objections, if any, are removed to the satisfaction of the department

What is the time taken for the grant of copyright in India?

The process of obtaining the certificate of copyright in India takes about 12 months

Is it compulsory for me to register my work with Copyright Office to get copyright protection?

It is not necessary under the Indian Copyright Act to register with the Copyright Office to get copyright protection. Registration of the work is however highly recommended because such registration is helpful in an infringement suit. As per the Copyright Act, the register of copyrights (where the details of the work are entered on registration) is prima facie evidence of the particulars entered therein. The documents purporting to be copies of any entries therein, or extracts from the register which are certified by the Registrar of copyrights and with the seal of the copyright office, are admissible as evidence in all courts without proof or production of the original. India is a member of both Berne and Universal Conventions and Indian law extends protection to all copyrighted works originating from any of the convention countries. However, in case of infringement of copyright, during court proceedings, copyright registration with the government of India serves as an advantage.

How can GLOW WELL help me in getting copyright protection ?

We, at GLOW WELL, offer complete services for the protection of copyright and combating infringement. We will assist you in the process of filing your application for copyright. Please make an enquiry online by clicking here stating your requirements.

What are the costs involved for trademark registration?

Please make an enquiry online by clicking here and we will tell you the costs involved. If you have any further queries, please do not hesitate to send us an e-mail at enquiry@glowwell.in , patna@glowwell.com