Copyright in India: Law & Procedure

Legislation

The Indian law of copyrigts is enshrined in the Copyright Act, 1957. The Act seeks to provide for the registration of copyrights in India. The object of copyright law is to encourage authors, artists and composers to create original works by rewarding them with exclusive right for a fixed period to reproduce the works for commercial exploitation.

What is Copyright

Copyright in India: Law & Procedure

COPYRIGHT is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.

Copyright is the legal protection given to the creator of an original literary or artistic work. It is the exclusive right granted by the law to creator of such original work, to do, authorize, or prohibit certain acts in relation to such work, thereby protecting and rewarding creativity.

Copyrights subsist in following class of works:

a) Original literary, musical, dramatic and artistic works.

b) Cinematograph films

c) Sound recordings

The rights vary according to the class of work. Copyright also subsists in translations, abridgements or compilations of such works, provided the permission of the Copyright holder is obtained. Computer programmes are considered as literary works and are protected under the Copyright Act. There is no copyright in an idea.

Rights conferred by registration

In general, registration is voluntary. Copyright exists from the moment the work is created. Under Indian law, registration is not required either for acquiring copyright or for enforcing it in an infringement action. However, registration has evidentiary value in a court of law with reference to dispute relating to ownership of copyright.

Author of copyright

Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright, unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher. In cases of works made for hire, the provider of the work is considered to be the author.

Filing and Prosecuting Copyright Applications

An application for copyright on Form-IV accompanied by four copies of the work is to be made on Form IV ( Including Statement of Particulars and Statement of Further Particulars) along with the prescribed fee at Copyright Office of the Department of Education, New Delhi. The Copyright Office initially provides a filing number and filing date and issues a filing receipt. Thereafter the application is formally examined by the Office. Defects will be communicated to the applicant. Once the application is found to be in order it is accepted and the Copyright Office issues the registration certificate.

Duration of registration

The duration granted for works of copyright varies depending on the type of work. Literary or musical works or artistic works, other than photographs, have a life span, which extends for the life of the author and 60 years from the end of the year in which the author dies. However, if the work has not been published, performed, or offered for sale or broadcast during the life of the author, the copyright protection shall continue for a period of 60 years from the end of the year in which any of these acts are done relating to the work.

Cinematograph films, photographs and computer programs are protected for 60 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or published, or, failing such an event, for 60 years from the end of the year in which the work is made. Sound recordings are protected for 60 years from the end of the year in which the recording is first published.

In the case of anonymous or pseudonymous works, the copyright is for 60 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or from the end of the year in which it is reasonable to presume that the author died, which ever term is shorter.

Use of the "©" symbol

Anyone who claims copyrights in a work can use copyright notice to alert the public of the claim. It is not necessary to have a registration to use the designations though it is highly advisable to incorporate a copyright notice like the symbol, etter "c" in a circle or the word "Copyright" followed by name of copyright owner and year of first publication. For example, © ipfirmsdirectory 1999.

Remedies For Infringement

It is the sole responsibility of the owner to see that his copyright is not being infringed upon by someone else. It is the owner's duty to file a suit of infringement against the infringer. The reliefs which may be usually awarded in such a suit are -

i. Injunctons whether interim or final.

ii. Damages.

Criminal action also can be taken on the basis of copyright registration. The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.

International copyright protection

India is a member of both Berne and Universal Conventions and Indian law extends protection to all copyrighted works originating from any of the convention countries. Foreign works first published in a country which is a member of either of the Conventions would be accorded the same copyright protection in India as Indian works without undergoing any formalities, on the assumption that the home country accords reciprocity to Indian works.

Copyright in India: Law & Procedure
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P.M.George Kutty, Attorney at Law of http://www.pmgip.com

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Six Basic Needs of Children, Adolescents and Adults

It doesn't matter what stage of life you are in, everyone has the same basic needs. These needs are physical, emotional, social, intellectual, spiritual, and creative. When all of these needs are satisfied, you'll discover that your life is brimming with joy and good feelings. You'll find your self-esteem at its highest peak whenever you are fulfilled within your daily life and activities.

Physical Needs: These needs are the basics. The need for air, water, sleep, exercise, and sex.

Emotional Needs: This is the need for praise, love, trust, security, feeling OK inside, and self-fulfilled.

Six Basic Needs of Children, Adolescents and Adults

Social Needs: This is the need for companionship and friendship. This is usually gained from a peer group.

Intellectual Needs: This is the need for challenging thoughts, reading, learning something new, and mind stimulation.

Spiritual Needs: This is the quiet need inside that wants to know and believe in a higher spiritual power than ourselves. This need increases our awareness and sensitivity to the greater aspects of life.

Creative Needs: This is the need to express yourself in any manner you desire. This can include the arts, dancing, acting, and writing - almost anything that allows you to feel imaginative and inspired.

All of the above needs are usually a part of every human's life. All of us want to have these needs met in life. Having these needs met increases our enjoyment of living and creates a healthy body and soul. So how do parents fulfill these needs in their growing children? The first way is to become aware that the needs of a child are the same as yours. Being empathetic to your child at all times creates a bond that nurtures the needs of your child. For example, whenever your child wants to create or make something, allow your attention to center on your child and give him whatever you think will help to inspire your child's creativity.

My children loved to create drawings on large pieces of paper. I helped them do this by supplying them with the all the paper, crayons, paint, brushes, etc. necessary to stimulate their minds. Then I let them go to it! It was exciting to watch my child create a masterpiece of their imagination. Their artwork was sweet, beautiful and full of ingenuity. I then posted the artwork all around the house to show to their siblings and guests. As a parent, it was my goal to communicate with my child that I truly understood and valued his desires and feelings to be creative. I empowered my child to become all that he can be at that moment. This process immediately shows your child that his opinions and thoughts are valued.

By empowering your child, you are allowing your child to take ownership of their feelings, take responsibility for their behavior, make decisions that help them grow, follow through with commitments and most importantly, to become aware of the needs and feelings of others. You are giving your child the chance to experience success and understand his own uniqueness. It's rewarding for a child, adolescent and adult to have recognition and respect. By empowering yourself, as well as your child, you are fostering basic needs that truly make you glow inside and out.

At different times in our lives, we are capable of doing certain things. Stay tuned to where your child's capabilities are during his childhood and supply the above needs according to his stage in life. In fact, developmental stages continue right into old age. When a child's needs are met, his discomforts and fears are quickly removed and he finds that his life is truly a safe and fun place to be. This feeling leads to a child that learns to trust his environment and each successive stage of development.

Know that meeting these six needs in your child's life is not hard to do at any stage. Getting involved in your child's exploration of his life doesn't take money, but it does take thoughtfulness and time. Providing these needs throughout your child's lifetime allows your child to go through his stages of life with a healthy regard for himself and for society. It encourages your child's autonomy and capacity to do more with is his lifetime. Who can ask for more?

Copyright © 2006 by Linda Milo and Empowering Parents Now. All rights reserved.

Six Basic Needs of Children, Adolescents and Adults
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Linda Milo, The Parent-Child Connection Coach, specializes in helping mothers and fathers turn their parenting challenges into a more livable, more workable, and more enjoyable family life. Her FREE better parenting newsletter covers specific, proven, and immediately usable methods for overcoming the most common parenting challenges. Visit http://www.empoweringparentsnow.com to subscribe to her FREE newsletter, and you’ll also receive her FREE Special Report.

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How to Patent, Trademark, And Copyright a Clothing Line

Intellectual property applicable to a new Clothing Line design may include trademark protection, copyright, and/or a patent(s):

Trademark protection
For the name, logo, or graphic that identifies and distinguishes your line from others. You can and should use TM next to or in close proximity to your mark upon initial use. TM simply means that you claim a common law right to the mark, which by virtue of your use you have a right to claim.

Use of ® is strictly prohibited until your application is completely approved and your mark is registered at the United States Trademark Office. In fact, improper use of ® is illegal and can be punishable by law. In addition, improper use can adversely affect trademark rights and registerability of a mark.

How to Patent, Trademark, And Copyright a Clothing Line

NOTE: The trademark must be used consistently to identify the clothing line verses some short phrase, slogan and/or graphic printed on a garment or T-shirt for the purpose of making a statement. First step is to identify your mark, its goods or service description, and learn common mistakes in selecting a mark, see Trademark Information and Trademark Goods Services Description. Second step is to perform a Trademark Search, see Trademark Search Instructions on How to Perform a Search as part of the Inventor Start Kit.

Copyright
If you have a drawing or a pattern showing the design of your garment or a photograph of garment these can be the basis of a copyright application. As a reminder, you should always include a copyright notice on all copies of your work (garment design), fixed on paper or in an electronic form, such as © 200_ Full Name/Company Name. ALL RIGHTS RESERVED.

Note: If multiple authors are contributing to a work (garment) and a single person or entity desires to own the collective work then the parties must transfer their rights to the single person or entity via an assignment/work-made-for-hire agreement; otherwise, each contributor is owed a ratable share of the profits realized from use, license or sale of the work.

Design Patent
If your garment design is a new and non-obvious garment design (article of manufacture) it may qualify for protection under a design patent.

How to Patent, Trademark, And Copyright a Clothing Line
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Mat Grell, U.S. Patent Attorney - Founder of The Inventor Start Kit, a simple step-by-step process that helps inventors protect their ideas and get them to the marketplace... to hopefully make millions! Visit Mat's site: http://www.inventorstartkit.com

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