KULKARNI ASSOCIATES ADVOCATE & IP ATTORNEYS

Copyrights

The intellectual spectrum is expanding due to the opening of new competitive markets and the limitless territory of the internet.

This economy has created innumerable forms of copyright material, and has extended the capacity of copyright laws to technologies that were not foreseen when the copyright laws first came into existence.

Copyright covers:

Literary works including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine readable medium

Dramatics include recitation and choreographic works Musical works include only graphical notation of musical works

Artistic works include paintings, sculptures, drawings, engraving designs and photographs

Our Services include:

  1. Preparing, Filing & Registration of Copyright Applications
  2. Assignment, Transfer & License of Rights
  3. Due-Diligence Searches
  4. Strategic Advice for Copyright Protection
  5. Prosecution

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Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings.

Exhaustive lists of works covered by copyright are usually not to be found in legislation. Nonetheless, broadly speaking, works commonly protected by copyright throughout the world include:

  • Literary works such as novels, poems, plays, reference works, newspaper articles;
  • Computer programs, databases;
  • Ffilms, musical compositions, and choreography;
  • Artistic works such as paintings, drawings, photographs, and sculpture;
  • Architecture; and
  • Advertisements, maps, and technical drawings.

Copyright protection extends only to expressions, and not to ideas, procedures, methods of operation or mathematical concepts as such. Copyright may or may not be available for a number of objects such as titles, slogans, or logos, depending on whether they contain sufficient authorship.

There are two types of rights under copyright:

  • Economic rights, which allow the rights owner to derive financial reward from the use of his works by others; and
  • Moral rights, which protect the non-economic interests of the author. Most copyright laws state that the rights owner has the economic right to authorize or prevent certain uses in relation to a work or, in some cases, to receive remuneration for the use of his work (such as through collective management). The economic rights owner of a work can prohibit or authorize:
  • It's reproduction in various forms, such as printed publication or sound recording;
  • It's public performance, such as in a play or musical work;
  • It's recording, for example, in the form of compact discs or DVDs;
  • It's broadcasting, by radio, cable or satellite;
  • It's translation into other languages; and
  • It's adaptation, such as a novel into a film screenplay.

Examples of widely recognized moral rights include the right to claim authorship of a work and the right to oppose changes to a work that could harm the creator's reputation.

  • Author/Creator
  • Author/Creator’s heirs if the creator is dead (living family)
  • Creators of a joint work automatically share copyright ownership unless there is a contrary agreement. (e.g., If two students write an original story together, they share the copyright.)
  • Anyone to whom the author/creator has given or assigned his or her copyright (e.g., an employer if the copyrighted work is created under a "work made for hire" agreement, a publisher or record company if the copyrighted work is given in exchange for a publishing or recording contract). Usually this means that the author/creator has given up his or her own copyright in the work.

Yes. Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ has also to be supplied along with the application for registration of copyright for software products.

A web-site contains several works such as literary works, artistic works (photographs etc.), sound recordings, video clips, cinematograph films and broadcastings and computer software too. Therefore, a separate application has to be filed for registration of all these works.

Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.