How can a Copyright be secured?
It is automatically secured upon creation of the authorship work. It is important to note that creation occurs when the work is fixed for the very first time in form of a phone record or copy.
A copy essentially refers to a material object where the work of an author can be visually perceived or read directly or by using a device or machine.
For how long does the protection last?
A Copyright in India, other than photographs shall be vested with the author till his / her lifetime and 60 years after the demise of the author. However in case of transfer of Copyrights ( in case if not published, reproduced by the original author) the Copyrights would remain for a period of 60 years from the performance of acts related to transfer of these rights to any other person.
Cinematographic films, works like Computer Programs, photographs etc, are protected under Copyrights act for a period of 60 years from the year in which the work is made available for public, of course with the due consent of the owner of the Copyright or published work or merely 60 years from the end of the year in which such work was made.
Similarly recordings of sound are given protection under Copyrights act for 60 years from the end of the year in which the recording is first published
CAN A COPYRIGHT BE TRANSFERRED?
If you are the owner of a particular Copyright, you can transfer the exclusive rights or any subdivision of the rights to another party. However, the transfer can only be valid if it is done in writing and also carries your signature or your authorized agent’s signature.
The right can also be transferred through a legal process and can be bequeathed by will and/or passed as private property. This is as far as intestate succession and administration of intestate estate is concerned.
We at Bizrights IP can assist you in transferring the Copyright Rights.
WHAT DOES COPYRIGHT REGISTRATION INVOLVE?
Copyright registration is principally a legal formality whose intention is to make a record of the primary facts about a specific Copyright available for the public.
WHAT ARE THE ADVANTAGES OF REGISTERING A COPYRIGHT?
There are several advantages. They include:
- It establishes a record of your claim.
- Registration allows you to file an infringement suit in a court of law if/when necessary.
- If it is done within three (3) months after publishing the work or just before infringement, the court may award you attorneys’ fees as well as statutory damages if you file a case before a judge. If registration had not been done beforehand and someone is found guilty of infringing your rights, the court may only award you estimated profits and general damages.
If you would like to enjoy the aforementioned benefits, then you ought to get in touch with Bizrights IP.
Bizrights IP has a team of experts who are conversant with everything that pertains to Copyright protection. If you need any assistance, we can help you with that.