What is a Copyright?

Copyright is concerned with original literary, musical or artistic works. These include computer software; any drawing, map, chart or plan; photographs and films; architectural works; sculptures; sound recordings; TV and radio broadcasts etc...

Did you know that?
Copyright protection provides benefits in the form of economic rights which entitle the creators to control use of their literary and artistic material in a number of ways, such as by making copies, issuing copies to the public, performing in public, broadcasting and use on-line and to obtain an appropriate economic reward. Copyright also gives moral rights to be identified as the creator of certain kinds of material, and to object to distortion or mutilation of it.

Without copyright protection, it would often be very easy for others to exploit material without paying the creator.

Copyright is about the right to copy. Copyright is a legal term describing rights given to creators for their original literary and artistic works which allow them to control their subsequent use. It is important to recognize that copyright is not a monopoly. Two people could completely independently create identical items. Provided there is no copying, there is no infringement and both can hold copyright in their respective works. How do I obtain copyright-protection?

The creators of such works automatically acquire rights, which mean that they can control their further use. The only absolute requirement is that the work is original, i.e. not copied from somewhere else and has required original intellectual effort by the author. Ownership normally rests with the creator but there can be situations e.g. employment contracts etc. which affect this. In general, copyright protection lasts until 70 years after the death of the owner.

Related Rights to copyright:
A field of rights related to copyright has rapidly developed over the last 50 years. These related rights grew up around copyrighted works. They provide similar protection, although often more limited and of shorter duration. They cover a range of rights, which have been derived from copyright principles and are granted to e.g. performing artists, producers of sound recordings, broadcasting organizations in their radio and television programs, and creators/owners of databases.

How to obtain copyright?
Basically the act of creating a work also creates the copyright, which then subsists in the physical expression of the work. There is no formal registration process required in order to obtain protection. However, some national laws allow for registration of works and in certain countries registration can serve as prima facie evidence in court in case of infringement. You should therefore check with the competent office in your country.


Copyrights applications
Copyrights assignment, licensing and transfer
Copyrights Infringement and validity advice.
Copyrights Specific agreements.
Copyrights Litigation: opposition, rectification, appeals, and civil suits for infringement.
Copyrights Anti-piracy measures.

New technologies have radically increased the speed of distribution of protected materials and forever altered the boundaries of traditional copyright law. With the click of a mouse, a thousand-page book can be transmitted around the world within seconds, and a copyrighted work can be posted on a website for millions to see, copy, and download to their very own PC. Not only have the media changed but the works needing protection have changed just as dramatically. Now databases, computer programs, and even the designs of semiconductor chips require special IP protection.

As science and the marketplace have evolved, we have expanded our copyright practice in response. The scope of what we protect covers computer programs, databases, audio recordings, film and video productions, and technical and architectural designs as well as books, music, and motion pictures. We assist our clients with registering copyrights, expediting applications, recording documents, performing title searches, and proceeding in all phases of litigation. Frequently we render opinions on copyrightability, fair use, infringement, ownership and title, estate planning, notice, security interests, foreign protection, and litigation. We also assist clients in drafting and negotiating commercial agreements involving copyrighted works, including licensing, development, and distribution agreements.

We bring special expertise to the field of computer software, where we are adept at evaluating the strengths and weaknesses of copyright and patent protection to determine the most appropriate and durable method of protecting clients' valuable works. We also counsel clients on the protection of mask works (semiconductor chips) and assist them in registering their mask works.

Whether the issue is enforcing clients' copyrights or protecting them from infringement claims, our team can draw upon decades of litigation experience in courts throughout the country. We represent many clients before the Indian Copyright Office and frequently serve as expert witnesses.

If you require more information, please contact us, we are available any time. Quick Contact