Copyright is the legal process of safeguarding any form of intellectual or artistic creations from illegal imitation or usage. Grounded on the Copyright Act, 1957, the creators/producers of any original works like literature, music, cinematography, sound records, can look after their intellectual properties. Following the latest amendment, computer-related programming, content, a database can also be protected by obtaining a copyright license.
Copyrights to logos, software, art work, books, periodicals, magazines, videos, music, databases, advertisements, cinematography films & video games
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Cinematography film
Sound recording
Musical work & Sound recording
Artistic work like paintings, photographs
Original literary others
Books
Computer programs
Website
Broadcasts on Radio and Television
Published editions
Databases
Advertisements
To register before the Copyright Act, some basic details of the creator like Name, Address & Nationality are mandatory.
For submitting copyright registration on any sort of artistic work, the applicant must get a clear copyright search certificate from the trademark office on a prior basis.
A candidate registering for copyright should put forward his/her work in a soft copy format in JPEG, JPG, or GIF format. Copyright registration for computer programs, database requires 4 CDs or DVDs of that particular computer programs.
The candidate must sign the power of attorney rightfully if you are registering copyright through any advocate or legal firm.
Basis | Copyright | Trademark | Patent |
---|---|---|---|
Meaning | It is a helpful legal security aid for the creator/producer on any of their original artwork such as literature, music composition, sound recording, cinematography, or computer programs. Copyright ensures the entire Economic & Ethical authority of the creator on his/her intellectual properties. | Trademark legally preserves any particular word, symbol, or designs that make a business entity distinctive among its competitors. | It is a form of intellectual property that guards the invention of any inventor for a limited period of time. Through a patent, the inventor/owner can legally exclude others from reproducing, using or selling a particular invention. |
Protection is given for | Original artistic works like written text, composed music, recorded sounds, paintings, choreography, motion pictures, cinematography, computer programming & databases etc. | Any word, logo, color, font, design that differentiate products, the identity of any particular party from others. | Features of shape, configuration, pattern, and ornament, the form of lines, colour or blend thereof applied to each article. |
Significance | Expression of Ideas | Identification of brand | Invention |
Govern by | Indian Copyright Act, 1957 | Trade Marks Act, 1999 | Indian Patent Act, 1970 |
Requirements of Registration | The work must be original, creative and must be able of fixing in the tangible form. | The marks needs to be unique. | The design needs to be original and must be referred to the article by any industrial process. |
Exclusions | Others are not permitted copy the work without the permission of the creator. | Stop others from using the same logo/symbol. | Stop others from using the invention without the permission. |
Validity Term | The validity time in copyright is 60 years. | The validity time in trademark is 10 years. | The validity time in patent is 20 years. |
Rights Provided | The right to be the owner of the original artworks and excludes others from illegal copying, distributing and reproducing of the copyrighted intellectual properties. | Rights to apply the mark, design, color, font and stop every illegal usage of the same by any third person. | Right to stop others from producing, selling using or importing the patented invention. |