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Copyright Registration in India

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Overview of Copyright Law in India:

Copyright law, a branch of intellectual property rights, safeguards original works of authorship encompassing literary, dramatic, musical, and artistic creations. These include poetry, novels, photographs, paintings, speeches, movies, songs, software source code, binary executable files, websites, mobile applications, and architectural designs.

Registration with the Intellectual Property Rights (IPR) Authority is pivotal in ensuring that creative works are not unlawfully replicated without the author or creator's consent. This authorization empowers the creator to levy charges for copying, modifying, or deriving from their work. For instance, utilizing an image from Shutterstock without proper acquisition constitutes a breach of Shutterstock's copyright, potentially leading to legal repercussions.

Registering one's work aims at asserting and safeguarding ownership rights while also facilitating potential earnings through licensing to others for use.

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Features of a Private Limited Company (PLC)

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Basic Requirements
  • A.Minimum of 2 Directors and 2 Shareholders (share subscribers).
  • B.All Directors must have a Director Identification Number (DIN).
Limitations
  • A.Maximum of 15 Directors.
  • B.Up to 200 Shareholders (members).
Corporate Shareholding
  • A.orporations can be shareholders.
Compliance Obligations
  • A.Annual Statutory Audit required, conducted by a practicing Chartered Accountant (CA).
  • B.Annual filing with the Registrar of Companies (ROC) is mandatory.
Taxation
  • A.Income tax is charged at 22% on net profit.
Startup Eligibility
  • A.Can apply for Startup Recognition, subject to meeting specific terms and conditions.
Investment and Funding
  • A.Ideal structure for attracting external investments.
  • B.Capable of offering Employee Stock Ownership Plans (ESOP) to employees.
Legal and Liability
  • A.Functions as a separate legal entity with limited liability for its members.

Benefits of Copyright Registration in India

01
Establishing Ownership: Copyright registration publicly records the ownership by the copyright holder
03
Legal Recourse: Enables the copyright owner to initiate legal proceedings against infringers in court.
05
Preservation of Rights: Timely registration allows for presenting valid evidence in court regarding the copyright's validity and facts stated in the certificate.
07
Statutory Damages: Swift registration permits the copyright owner to claim statutory damages in a high court if infringement occurs after registration.
02
Usage Rights: Copyright grants the right to use, re-use, reproduce, and sell copies of the work, facilitating import/export of the entire or partial content.
04
Derivative Works: Owners are empowered to create derivative works and publicly exhibit them
06
Economic Incentives: Copyright facilitates the transmission and display of work via various mediums like radio or video, fostering economic activity.
08
Moral Rights: Copyright enables creators to be identified as the authors of their work (paternity right) and object to any distortion or mutilation of their work.
08
Economic Stability: Ensures economic stability for creators by allowing reproduction of their work in various forms as deemed necessary.

What all things are Protected under a Copyright?

01
Literary Works: This category covers written materials such as books, computer programs, and website content.
03
Dramatic Works: Includes scripts for films, stage dramas, and accompanying tunes.
05
Artistic Works: Encompasses paintings, pictures, graphics, and sculptures.
07
Musical Works: This category covers both the musical composition and the accompanying lyrics.
02
Recorded Sounds: Refers to audio recordings of music, speeches, or any other sounds.
04
Published Editions: Covers the layout, typography, and overall presentation of published works.
06
Movies, Films, and Telefilms: Protects cinematographic works, including motion pictures and television films.
08
Broadcasts: Includes radio and television broadcasts, ensuring protection for the content aired.
08
Performances: Encompasses live performances of dramatic, musical, or artistic works, providing protection for performers' rights.

How to check copyright application status

Open Copyright Govt. Website

http://copyright.gov.in/ is Copyright Registrar Website in India. Click on 'Status of the Application" or "http://copyright.gov.in/frmStatusGenUser.aspx"

Enter Diary No.

Put the Diary number ( Application acknowlegement number) and Submit

Find Status

You can find the updated status.

Features of a Private Limited Company (PLC)

What is copyright?
  • A.• Copyright is a form of intellectual property law that grants exclusive rights to creators of original works, allowing them to control the use and distribution of their creations.
What kinds of works are protected by copyright?
  • B.• Copyright protects various types of creative works, including literary works (books, articles), artistic works (paintings, sculptures), musical compositions, films, and computer programs, among others.
Do I need to register my work to have copyright protection?
  • A.• No, copyright protection is automatic upon the creation of a work. However, registration with the relevant copyright office can provide additional legal benefits and evidential support in case of infringement
How long does copyright protection last?
  • A.• The duration of copyright protection varies depending on the type of work and the country's laws. Generally, it lasts for the life of the author plus a certain number of years after their death.
Can I use copyrighted material without permission?
  • A.• Generally, you need permission from the copyright owner to use their work. However, there are exceptions such as fair use or fair dealing, which allow limited use of copyrighted material for purposes such as criticism, commentary, or education
What is the difference between copyright and trademark?
  • A.• Copyright protects original works of authorship, while trademarks protect symbols, names, and slogans used to identify goods or services.
Can I copyright an idea?
  • A.• No, copyright protects the expression of ideas, not the ideas themselves. To be protected by copyright, an idea must be fixed in a tangible form of expression.
Can I sell or transfer my copyright to someone else?
  • A.• Yes, copyright is a property right, and like other forms of property, it can be sold, transferred, or licensed to others.
What is the difference between copyright infringement and plagiarism?
  • A.Copyright infringement involves the unauthorized use of copyrighted material, while plagiarism involves the unauthorized use of someone else's ideas, words, or work without proper attribution.
How do I enforce my copyright if it's infringed?
  • A.If your copyright is infringed, you can take legal action against the infringer, which may include sending a cease-and-desist letter, filing a lawsuit, or seeking damages for the infringement.

Our Service Coverage

After Company incorporation, you will receive below documents

  • Company Certificate of Incorporation
  • Memorandum of Association & Article of Association (MOA & AOA)
  • PAN Card and TAN Allotment
  • EPF & ESI Registration
  • Digital Signatures (Class 2)
  • Directors Identification Number (DIN)
  • Assist in Bank A/c Opening
  • Professional Tax Registration (in Maharashtra Only)
  • GST Registration (Optional)
Service List
Navneet K Arora & Co LLP

Effects India, where professionalism meets excellence. Established in 1995, we have built a reputation for delivering comprehensive consultancy services across diverse industries. Our team comprises dedicated professionals including Company Secretaries, Chartered Accountants, Advocates, Solicitors, Management Professionals, and IT Experts, all committed to providing top-notch solutions tailored to your business needs.

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