Copyright is a unique kind of intellectual property. The right which a person acquired in a work, which is the result of his intellectual labour, is called his copyright. The primary objective of copyright law is to protect the fruits of a man’s work, labour, skill or test from being taken away by other people. Copyright means the exclusive right to do or authorise other(s) to do certain acts in relation to:

»   literary, dramatic or musical works;

»   artistic work;

»  cinematograph film;

»  sound recording.

The term of copyright varies according to the nature of work. The term is normally for 60 years from the beginning of the calender year next following the year in which the work is published except in few cases.

Exclusive rights

The rights which an author of a work has by virtue of creating the work are summarized as hereunder:

  • to produce copies or reproductions of the work and to sell those copies (including, typically, electronic copies)
  • to import or export the work
  • to create derivative works (works that adapt the original work)
  • to perform or display the work publicly
  • to sell, hire or cede these rights to others
  • to make any translation of the work
  • to transmit or display by radio or video.

The phrase “exclusive right” means that only the copyright holder is free to exercise those rights, and others are prohibited from using the work without the holder’s permission. Copyright is sometimes called a “negative right”, as it serves to prohibit others from exploiting the work of the author for their own benefit without the consent or licence of the author. It does not confer any positive right on the author himself.

Copyright does not prohibit all copying or replication, but permits some copying and distribution without permission of the copyright holder or payment to same.

A copyright, or aspects of it (e.g. reproduction alone, all but moral rights), may be assigned or transferred from one party to another. For example, an author of a book will often sign an agreement for publication and distribution of his books with a publication house, in which the author will agree to transfer all copyright in exchange for royalties and other considerations.

QUALIFICATION FOR SUBSISTENCE OF COPYRIGHT

The words TM or ® can be used when you use your trademark on your goods or for advertisements with respect to your goods or services. The proper manner to display either symbol is immediately following the mark in superscript style.

TM : While TM can be used with any common law usage of a mark. A TM usually is used in connection with an unregistered mark, to inform potential infringers that a term, slogan, logo or other indicator is being claimed as a trademark. Use of the TM symbol does not guarantee that the owner’s mark will be protected under trademark laws. The owner may continue to use TM should registration of the mark be refused.

® : may only be used by the owner of a mark following registration with the relevant national authority. The symbol ® is a notice of registered ownership used in many countries or regions to advise the public that a trademark is registered and to provide constructive notice of the legal ownership status of the mark with which it is used. The ® symbol should be used only in connection with registered trademarks.

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starting from Rs. 12499

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Copyright registration for logos, books, periodicals and magazines

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starting from Rs. 14499

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Copyright registration for logos, books, periodicals, magazines,videos, audio recording, cinematography films with trademark registration