Filing and prosecution of applications for registration of copyright under the Copyright Act 1957, including for literary, artistic, musical, dramatic, cinematographic and software works.
Copyright subsists in original literary, dramatic, musical, artistic and cinematographic works the moment they are created in a tangible form. Registration is not a condition for copyright protection, but it constitutes prima facie evidence of ownership in proceedings, and is often required in commercial transactions and enforcement actions.
The Copyright Act 1957 grants the owner of copyright a bundle of exclusive rights including reproduction, communication to the public, translation, adaptation and the right to authorise others to exercise these rights.
LexWiser advises on the classification of works, ownership and assignment of rights (including by employees and independent contractors), and registration with the Copyright Office.
Engagements in this area generally involve some or all of the following work. The actual scope is set out in the engagement letter once the matter is understood.
Discussion of the work to be registered, the parties involved in its creation, and the rights to be claimed.
Collection of copies of the work, particulars of authorship, and any prior assignments or licences.
Electronic filing of Form XIV with the Copyright Office, payment of the prescribed government fee, and submission of two copies of the work.
After a mandatory thirty-day waiting period, the application is examined. Any objections are addressed through a written response.
On satisfaction of requirements, the Copyright Office issues a Registration Certificate and enters particulars in the Register of Copyrights.
The Copyright Office observes a mandatory thirty-day waiting period to invite objections from third parties, after which the application is examined. Total processing time is typically six to twelve months.
In the absence of a written assignment, copyright in commissioned work generally vests in the author and not the person commissioning the work. Written assignments should be in place for all commissioned creative work.
Copyright in works created in the course of employment generally vests in the employer, subject to any contrary agreement. The employment terms should address copyright ownership expressly.
Computer programs are protected as literary works. Source code is typically filed in part (the first and last ten pages) to balance disclosure with confidentiality.
Copyright in most works subsists for the lifetime of the author plus sixty years. Specific categories of work (cinematographic films, sound recordings, photographs) have separate terms.
No. Copyright subsists automatically on creation of an original work in a tangible form. Registration is not a condition of protection but provides prima facie evidence of ownership and is frequently required for enforcement and commercial transactions.
Yes. A computer program is protected as a literary work under the Copyright Act. The Copyright Office permits filing of partial source code to preserve confidentiality.
Indian copyright is recognised in countries that are signatories to the Berne Convention and the WIPO Copyright Treaty, of which India is a member, on the basis of national treatment.
Yes. Copyright may be assigned in whole or in part, or licensed exclusively or non-exclusively. Assignments must be in writing and signed by the assignor or his duly authorised agent.
For literary, dramatic, musical and artistic works, copyright subsists for the lifetime of the author plus sixty years. For cinematographic films, sound recordings and photographs, it subsists for sixty years from the year of publication.
Every engagement begins with a confidential consultation. Schedule one to understand the scope, approach and fees for your specific matter.
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