Copyright

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“Copyright” is a form of intellectual property protection granted to the creators of original works of authorship such as literary works (including computer programmes, tables and compilations), dramatic, musical and artistic works, cinematographic films and sound recordings.

Shop and Establishment Act is one of the most important State Government regulations which governs the functioning of businesses engaged within its Jurisdiction.

The Shop and Establishment license is a primary proof of existence of business in a specified jurisdiction.

Different types of work covered under copyright

  • • Dramatic and musical work (i.e. Drama, Skit, Play, Movie etc.)
  • • Artistic work (i.e. Logo, monogram, design etc.)
  • • Software / Computer Programme
  • • Work of Architecture
  • • Cinematograph Film
  • • Sound Recording (i.e. A Cassette or a Record)
  • • Web site, Web Contents, Home Page.

The term of copyright registration period varies according to the nature of work and whether the author is a natural or legal person (e.g.: Company).

  • • In the case of literary, dramatic, musical or artistic work (other than a photograph), when published during the lifetime of the author, copyright subsists during the lifetime of the author, plus sixty years.
  • • In the case of photographs, cinematograph films and sounds recordings; the term is sixty years from the date of publication.
  • • When the first owner of copyright is the government or a public undertaking, the term of copyright is sixty years from the date of publication.

The remedies available to the owner for copyright infringement Courts are empowered to grant the following relief in case of infringement of copyright:

  • • Temporary and permanent injunction (Prohibition to continue the act of infringement).
  • • Impounding and destruction of all infringing copies.
  • • Actual monetary damages plus the infringer’s profits.
  • • Statutory Costs - Court charges and reasonable attorneys’ fees.
  • • The Court trying any offence, under the Copyright Act may, whether the alleged offender is convicted or not, order that all copies of the work in the possession of the alleged offender, which appear to be infringing copies be delivered up to the owner of copyright.
  • • In addition to civil remedy, the Copyright Act enables the owner of a copyright to take criminal proceedings against the infringer.
  • • The offence of infringement of copyright is punishable with imprisonment which may extend from a minimum period of six months to a maximum period of three years and a fine of Rs 50,000 to Rs 2 lakh.

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Ip Juris Legem

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