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Home Page > Law > Internet Law > Copyright Registration in India

Copyright Registration in India

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Posted: Mar 26, 2009 |Comments: 0
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Copyright registration in India provides the creator of wide range of materials like art, literature, music, films and broadcasts, sound recordings, official creations and any other services or material the economic right to let them control the use of their materials in several ways by issuing or making copies to the public, broadcasting or using on-line and performing in public. Additionally copyright registration India also offers moral right to the creator of specific kinds of materials and also to object to its mutilation or its distortion. The materials that are protected by India copyrights law are called as work.

However India Copyrights do not protect titles, names or ideas. The main purpose of copyright registration in India is to let copyright registrants gain economic rewards for their efforts and thereby encourage further creativity and development of new materials that benefit the country. There are several professional corporate legal lawyers India who can help you register copyright over your material or work. However the copyright material should often be the outcome of creative skill or investment and without protection and also significant labour as it would generally be easy for other to exploit material without even paying your creativity. However there are also exceptions to India copyrights so that some minor uses might not result in copyright infringements. The copyright registration service India would automatically protect copyright material if it is properly and lawfully registered offering you all the rights to own your material. Therefore make sure to choose the right copyright attorney India who can lawfully and successfully complete copyrights filing India.

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Harpreet Oberoi
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Harpreet Oberoi is author of Jotwani.com. Jotwani Associates provides copyright registration in India, copyright filing, copyright protection, copyrights drafting and more in India copyrights law.

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Harpreet Oberoi is author of Jotwani.com. Jotwani Associates provides copyright registration in India, copyright filing, copyright protection, copyrights drafting and more in India copyrights law.

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Be the first to comment - What do you think?  Posted by - February 10, 2011 at 5:11 pm

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Why Copyright Your Work?


by PugnoM

Why Copyright Your Work?

Why Copyright Your Work?


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Home Page > Law > Copyright > Why Copyright Your Work?

Why Copyright Your Work?

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Posted: Jul 13, 2010 |Comments: 0
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Let me tell you a story about copyright.  Last week, I had a woman and we’ll call her Jennifer, give me a call and she said, “Kevin, I think I’ve got a copyright infringement action, can you help me?”  And I said, sure, let’s talk about it.

And what she told me was that she had contracted to write an article for a magazine and in that contract was a thousand dollar fee, five hundred she get paid on contract and five hundred she get paid when the article published.  So she wrote the articles, submitted it and it was denied.  So get 0.00 for the original manuscript for the original part of the contract and then she just went about her business.  A couple of months later, she was at the bookstore, pulled the magazine down off the shelf and there’s her article.  And so she was upset about that and gave me a call.

Well, the first thing I asked her was—did she register her copyright and she said, no.  And this happens a lot and so what happens next is something that hopefully as a creative individual, you never get involved in.  We have to talk about the difference between having a righteous beef and the economic justification in enforcing that righteous beef because in her situation, when the contract is there and she has not registered the copyright before the infringement happens, basically what we’re talking about is a difference in remedy and the remedy for an unregistered copyright infringement, although she is protected by a copyright law, the remedies are different.

In this situation, she’s limited to one—an injunction which is basically a court order to make it stop or go to jail.  These are usually handled when there is an ongoing infringement, so if somebody was continually publishing greeting cards relative to one that used the image of something that you did or if there were books being published that infringe your copyright and that was constantly happening or music or any of those things, the injunction makes it stop.

Now, in her situation, the magazine that already had been published, it’s not going to be published again, so making it stop doesn’t do her a lot of good.  The other thing is what we call actual damages.  Now, actual damages are just what they say.  What harm really occurred here?  Now in her situation, when we—we could definitely litigate and sue over this thing, but when we spent thousands and thousands of dollars to get through Federal courts and get all the way to a Judge or a jury saying, “Yup!  That’s an infringement.”  She would be limited to her actual damages and in this case, those actual damages are going to be all of 0.00.  What they owe her on the backside of the contract and in this situation, she’d have to pay for her own attorney’s fees.

Now, if she would’ve registered that copyright before the infringement which caused all of .00 and you can do it online at copyright.gov, it’ll talk you only about twenty minutes for .00.  If she would’ve done that, then the difference would be that on the table are statutory damages, which are anywhere from 0.00 all the way up to a hundred and fifty thousand dollars per infringement so you don’t have to be limited to just her five hundred dollars and number two, attorney’s fees are on the table.

Now, what this means in practice is that she won’t have to pay thousands and thousands of dollars and be limited to just the contract amount of her infringement situation and she’s going to be made whole by the interning fees.  So what happens is in this scenario, it makes sense for her to engage in an attorney to send a letter saying that you guys have infringed the copyright action here.  You are open to some significant damages of statutory damages and you’re going to have to pay attorney’s fees and why don’t we settle this right now for say ten thousand dollars and in that situation, the other side—this magazine would’ve taken the article and the letter and the draft to their in-house attorney or to their attorneys and said, what’s our situation and those attorneys would have done an analysis and in this case, we’ll assume that there was an infringement going on and come back and say, yeah, you shouldn’t have done that.  We need to pay off the attorney’s fees here before they get out of hand and we need to pay off some demand of at least what the difference in the contract was because we could get dinged for that plus some additional damages.

So the key factor here is that if something is worth anything to you in terms of if you would be upset if somebody stole it and infringed upon it, you need to spend the .00, go to copyright.gov and register that content right away and do it for everything.

Now a lot of people will say, “Well, I can’t afford to register everything that I have for .00 a pop.”  That’s fine, the choice is yours, but if it’s not worth .00 to you, it’s probably not going to be worth at least ten times that to enforce your copyright action.

So anyway, with that, I’ll leave you to your thoughts, but remember, .00 at copyright.gov is the best creative insurance policy an individual can have.  Thanks.

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For more leading edge tips, videos, and and much more FREE information about legal issues that will dramatically impact your business, visit my YouTube Channel http://www.youtube.com/user/MrKevinHouchin or my blog at http://www.houchinlaw.com/ – Plain language presented by a top attorney who identifies with your needs and whose primary goal is to be of service.

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For more leading edge tips, videos, and and much more FREE information about legal issues that will dramatically impact your business, visit my YouTube Channel http://www.youtube.com/user/MrKevinHouchin or my blog at http://www.houchinlaw.com/ – Plain language presented by a top attorney who identifies with your needs and whose primary goal is to be of service.

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Be the first to comment - What do you think?  Posted by - January 28, 2011 at 6:12 pm

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A Master Revision: We Describe the 1976 Copyright Act


by gruntzooki

A Master Revision: We Describe the 1976 Copyright Act

A Master Revision: We Describe the 1976 Copyright Act


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Home Page > Law > A Master Revision: We Describe the 1976 Copyright Act

A Master Revision: We Describe the 1976 Copyright Act

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Posted: Oct 14, 2009 |Comments: 0
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In 1976, the Copyright Act was not only revised, it was overhauled. The 1976 revision of the Copyright Act now forms the foundation for copyright protection under United States law. It solidified the common law doctrine of fair use and greatly enhanced the protections granted original works.

In section 102 of the Act, copyright protection is available for “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” The key change from the prior law is that works no longer have to be published to enjoy copyright protection, and one need not affix the copyright mark (the “circle C”) to one’s work to trigger federal protection. Previous controlling law condemned original works to the public domain if the notice of copyright was not properly included. State copyright protections were made all but superfluous by the federal revisions passed by Congress in 1976.

The 1976 revision granted five (5) exclusive rights to copyright holders: the right to reproduce (copy), the right to create derivative works from the original, the right to commercialize the work, the right to perform the work publicly (if relevant), and the right to display the work publicly (if relevant). In 1995 the right to perform a sound recording by means of digital audio was added.

The doctrine of fair use was finally codified in the 1976 revision of the Copyright Act. Common law, which was well settled on fair use, was finally made black letter law. Section 106 denotes that the doctrine explicitly applies to any use of copyrighted work for news reporting, criticism, research, scholarship or teaching. Despite this definitive list, the fair use defense is not exclusively limited to just these activities. The Act provides a four prong factor test to determine whether fair use has occurred:

1) the purpose and character of the use (for instance, whether it is commercial or educational);
2) the nature of the copyrighted work (how creative is the work);
3) the amount and substantiality of the portion of the original work used; and,
4) the effect of the use upon the original work in the market (or potential market). Like copyright protection generally in 1976, the fair use defense was later extended to unpublished works as well.

The previous term of protection for copyrighted works was greatly expanded by the 1976 revision. Before, copyright protection existed for a term of 28 years, with an optional extension of an additional 28 years. Thus, your total protection for copyrighted works was capped at 56 years. As of the 1976 revisions, protections were granted to the originator of the work for his life plus fifty years. A flat 75 year term was enacted for anonymous or pseudonymous works, and works made for hire. More copyright protections were added by the Sonny Bono Copyright Term Extension Act in 1998. Protection now extends to 70 years after the originator’s death, and 95 years for works made for hire.

Copyright transfers were greatly clarified by the 1976 revision of the Copyright Act. The courts had muddied the presumption that the transfer of a copy of a work carried with it the presumption that the creative rights were transferred as well. That is now definitively not the case. Section 204 of the 1976 revision fully details the procedure for transferring ownership of a copyrighted work. A copyright holder must sign a written statement of conveyance expressly transferring his or her ownership of the copyright to the recipient. Otherwise, there has been no transfer of the original work to the recipient.

Under the Act, one does not have to register your work with the Copyright Office in order to enjoy copyright protection; however, an action for infringement cannot be pursued until one registers with the Copyright Office, a process that can take up to six months. To register one’s work, the Act requires one copy and the requisite fees be deposited with the Office. Two copies are required if the work is published.

The 1976 revision of the Copyright Act greatly simplified the law and expanded protections for original works. It is always good to find an attorney familiar with copyright law and the Act’s revisions if you are interested in protecting your original work.

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Nathan Moore is a copyright attorney based in Nashville, Tennessee. He has assisted numerous individuals and businesses in obtaining federal copyright protection. You can learn more about his copyright practice by going to his website. He is also a Nashville defense lawyer with an avid litigation practice.

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A Recipe for Disaster: Why a magazine is in hot water over a half-baked response to alleged copyright infringement – By Aaron Kelly the Arizona Internet Lawyer

It was the e-mail heard ’round the world. When the editor of Cooks Source Magazine responded to a concerned author’s e-mail about alleged copyright infringement with the suggestion that everything on the Internet was the “public domain,” it made headlines throughout the world and became an instant meme. Monica Gaudio, who in an interview with us describes herself as “an amateur medieval enthusiast, nerd, and foodie,” had originally published an article on the website Godecookery.com, entitled, “A Tale of Two Tarts,” about the history of apple pie. That was in 2005. However, last month, one of Gaudio’s friends contacted her to ask how Gaudio had gotten published in Cooks Source Magazine, a monthly New England food publication. Gaudio was equally intrigued, since she not only had never gave permission for the article to be published but had never even heard of the magazine before.

It was when the perplexed author contacted the managing editor of the magazine, Judith Griggs that she found out what had happened: The magazine had simply decided to use Gaudio’s article without asking permission after it found it online. Shortly after contacting Griggs, Gaudio received a phone call from the editor was told to use a Gmail account to talk to her. Apparently, someone forgot that e-mails are a form of writing that can be used in Court.

After a few e-mails back and forth, Gaudio was asked what she wanted from the magazine, to which she replied she simply wanted a public apology on Facebook (Cooks Source has a Facebook page), an apology in the magazine itself, and a donation of 0 for the Columbia School of Journalism. Although she requested a donation to the Columbia School of Journalism, she said, “I am not a journalism student-I picked the CSJ because they were the first reputable journalism school that came up when I did a Google search for “Journalism School Donation.” I wanted to find a school that allowed for online donations, to make things easier. ” What would happen next would set off a worldwide reaction and furor against Cooks Source Magazine and its editorial body.

In response to Gaudio’s simple requests, the editor of Cooks replied with the now infamous e-mail “honestly Monica, the web is considered “public domain” and you should be happy we just didn’t “lift” your whole article and put someone else’s name on it!”. Griggs went on to criticize Gaudio’s work, despite the fact that she ultimately thought it good enough to publish in her widely distributed magazine, by telling Gaudio that, “you as a professional should know that the article we used written by you was in very bad need of editing, and is much better now than was originally.”

The final blow to any perception the public may have had of the magazine’s ethical standards came when Griggs told Gaudio that Gaudio had taken the time to edit the article, and therefore “you should compensate me!”. That’s right, not only had the magazine “lifted” the article but they now suggested that Gaudio should pay them. This behavior is right on par with someone stealing your car, driving it around town and adding a few new parts and a paint job, and then coming back to you and saying “hey, I know I took your car without your permission but I added some sweet flames and rims to it….you should pay me for it”. This laughable proposition has opened the Magazine and its editors up to a slew of negative comments and mockery, creating internet memes (“But Honestly Monica…”) and forums dedicated to lashing out against the idea that the internet is a “public domain”. Copyright laws are no joke, and must be taken seriously or else the ramifications can be serious. In fact, when we asked whether Gaudio is planning on pursuing civil litigation Gaudio responded, “I hate to be cagey but – we’ll see.”. It should be noted, however, that Gaudio’s LiveJournal states that, “I have found a very nice attorney who is working with me.”

No matter what happens to Gaudio or Cook’s magazine, one thing is for certain the Internet is not a “public domain”. Despite what has happened Gaudio is still in good spirits and hopefully what has happened will serve as a lesson on copyrights. “Perhaps this will become a warning for others,” said Gaudio. “Don’t do it. You may get caught and the Internet will be mad at you.”

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Copyright Infringement and the Internet

A Recipe for Disaster: Why a magazine is in hot water over a half-baked response to alleged copyright infringement – By Aaron Kelly the Arizona Internet Lawyer It was the e-mail heard ’round the world. When the editor of Cooks Source Magazine responded to a concerned author’s e-mail about alleged copyright infringement with the suggestion that everything on the Internet was the “public domain,” it made headlines throughout the world and bec…

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Los Angeles Copyright, Patent Attorney Referral 661-310-7999

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Our litigation attorneys pursue intellectual property disputes in the United States, China, and throughout the world. They represent patent holders, trademark owners, and other businesses in lawsuits at home and abroad

Intellectual property is extremely difficult to create. On the Internet, however, theft of copyrighted material and trademark infringement is as simple as right-clicking on a picture.

Now more than ever, businesses and artists must be vigilant and protect their copyrights because it is so easy for other people to steal your creative efforts. An experienced and savvy trial lawyer can help you protect your rights.

Securing Your Intellectual Property Rights

Careful planning and protection of intellectual property assets often prevents costly litigation down the line. Your lawyer will help you take steps to properly register and protect your trademarks and copyrights with the appropriate federal or state authority.

If you have employees or hire independent contractors, you lawyer will help you make sure you have the proper work-for-hire agreements in place to ensure that you own the intellectual property created at your direction. This often arises in the context of website development and creation deals.

Finally, to obtain trade secret status, the law requires the implementation of certain business procedures and practices. Our copyright attorneys are experienced in advising businesses on implementing such procedures for the protection of trade secrets.

Protecting Your Intellectual Property Through Litigation

Our copyright attorneys represent both defendants and plaintiffs in a multitude of copyright and trademark infringement cases across the United States, including.

Entertainment law. Our members represent screenwriters, musicians and music publishing companies in copyright infringement cases. I represent entertainment companies in high-stakes copyright royalty cases involving both music and television rights. Software development. Our members have gained a particular niche by representing companies and individuals in various trade secret and infringement cases relating to proprietary software and the ownership of such software. Copyright Infringement. Our members have represented both plaintiffs and defendants in cutting-edge copyright infringement cases involving sales of pirated goods on the Internet and ownership of proprietary computer source code. In addition, they  have significant experience in traditional forms of infringement relating to film, music, television and literature. Finally, our members have served as a trial lawyers in a number of cases relating to products and goods originating overseas. Trademark Infringement. Trademark law is extremely complex and technical. Our members have served as trial attorney in a number of trademark infringement suits relating to domain names and counterfeit goods illegally imported and sold in the United States.

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Be the first to comment - What do you think?  Posted by - at 9:12 am

Categories: Copyright Lawyer   Tags: , , , , ,

The United States Music Copyright Laws?

Question by NekoDoodle: The United States Music Copyright Laws?
So growing up and all I was under the impression that only one copy per purchase could be played at a time.
Example; You don’t play “bought once two copies” Sexy Sadie at location A and location B at the same time.

But, not sure anymore. Is it alright to download music if you can’t find it sung by that person anywhere else? Is it alright if you plan on buying it later? Is it alright if you have a (movie, game, tv-show ETC.) where that song is featured? Can you rip songs from a cd, and then give said CD to someone else?

Could someone explain the FBI-Anti piracy warning in /my/ language? As in make it understandable from average-person to average-person, not lawyer to average-person.

This is all hypothetical and I’m just confused.

Best answer:

Answer by ron_mexico
The RIAA has a website dealing specifically with piracy questions. The website is obviously skewed towards the music industry, but it does a pretty job of explaining the complex laws in lay terms.

I suggest you start with that website first to look for answers to your questions. I link to the website below.
http://www.riaa.com/physicalpiracy.php?content_selector=piracy_online_the_law

Know better? Leave your own answer in the comments!

Be the first to comment - What do you think?  Posted by - January 17, 2011 at 5:16 pm

Categories: Copyright Lawyer   Tags: , , , ,

Copyright Infringement – Software Piracy Questions?


by gruntzooki

Question by Jenna: Copyright Infringement – Software Piracy Questions?
Hey Guys,

I have a few concerns and questions that I need answered. I have Googled the laws extensively but would like some human perspective.

I have a friend who downloaded software from Vuze.com. The software is a language software and the torrent he downloaded contained files from a bunch of different languages offered by the company. My friend can burn the files onto a DVD and the DVD can be used on any computer. There is no installation required or anything like that. He has posted the software for sale or trade in various cities on Craigslist.com. Originally he was posting the listings and including the name of the software. Soon after he received a cease and desist letter from company demanding that he remove the listings and stop. After that, my friend decided to post the listings but this time not include the actual name of the company. In the postings he does not write the actual name of the software, but rather posts listings such as “language learning software for sale or trade”. Since then he hasn’t received anymore notices from the company. Once my friend receives emails from people who are interested he informs them of the name of the software and arranges to mail them the software. He later received payment via mail or PayPal. Like I said, I looked up all the technical legal punishments such as $ 250,000 fines, etc. I need your input on a few different questions.

1. Does the fact that the name of the software isn’t publicly advertised matter at all?

2. How exactly are people usually caught? I’ve read that the FBI investigates these matters, but is that typical? Are they doing it on their own or are they asked to by the companies?

3. If caught, what is a realistic punishment? I have seen people sent to prison, but in the story I read the defendant had made millions off of the pirated software and had cars, etc. seized. Could you really go to prison?

4. If you are found guilty in civil court and are demanded to pay an astronomical figure in the hundreds of thousands, what do you do? Would you be forced to claim bankruptcy? Are you allowed to claim bankruptcy since theres no practical means for obtaining that kind of money?

5. Would you have any further warnings or would your house just get raided in an attempt to look for evidence?

6. What kind of lawyer would you need to defend yourself and how much would it cost? What could they do to help you?

Obviously this is a serious matter and your advice is greatly appreciated. I am aware of the laws and have looked up as much as I can but I value your personal input and would like to hear opinions on what would happen realistically.

Thank you for your time.

Best answer:

Answer by BigD
1. No. Not at all. He is still selling someone else’s work, that is stealing.

2. I have no idea how people are caught. Probably be being stupid and posting their crimes on craigslist.

3. Jail and a huge penalty. A woman stealing World of Warcraft software just has an $ 88 BILLION judgment against her.

4. I don’t know about bankruptcy. Maybe, but you will lose just about everything you own, plus, it isn’t the civil side you have to worry about, but the criminal – jail time.

5. No.

6. Criminal lawyer. I have no idea what they would cost.

Give your answer to this question below!

2 comments - What do you think?  Posted by - January 15, 2011 at 2:13 am

Categories: Copyright Lawyer   Tags: , , , ,

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