Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity.
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses.
Ideas, procedures, methods of operation or mathematical concepts cannot be copyrighted.
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. To get the protection of copyright the work should be original.
Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
You can file the copyright registration application with the help of the IPR attorney. It benefits you to get the copyright application filled properly.
The Legal Desk has a team of well-versed IPR attorneys who will assist you and consult you for the copyright registration.
Both published and unpublished work can be registered.
A computer programme or software can be registered under the Copyright Act as a “literary Work” it includes: computer programmes, source code, object code, tables, compilations and also includes computer database.
Website as a whole is not subject to copyright protection. You can get the protection for the component parts of the website separately; e.g. digital files: compute database, computer programmes (literary work), charts, photographs, paintings (artistic work), musical notes etc. (musical work). It is very important to note that the Applicant is required to submit a separate application for each component work appearing on website.
After you file your application and receive diary number there is a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim. In case any objection is filed, the Registrar of Copyrights after giving an opportunity of hearing to both the parties, may decide to register the work or otherwise. If no objection is filed the application is examined by the examiners. If any discrepancy is found the applicant will be given 45 days’ time to remove the same. Therefore, it may take around 2 to 3 months’ time for registration of any work in the normal course.
An App is a complete self-contained computer programme, which is designed to perform a specific task. Therefore the App can be register under the copyright Act as literary work. It may be register as the computer programme. It is important to note that the registration will cover any screen displays generated by that programme, provided that screen display is submitted by the Applicant. Mere snapshots of screen displays of app are not eligible for copyright protection.