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NOTE ON COPYRIGHT

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What is Copyright

"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.

Why Copyright registration is essential?

Copyright registration of the work is highly recommended; as registration is helpful in an infringement suit. As per the Copyright Act, the Register of copyrights (where the details of the work are entered on registration) is prima facie evidence in all courts.

Who owns Copyright in a work?

In India, the first owner of copyright in a work is the author. If the work is done in course of employment then employee is the first owner, unless there is an agreement to the contrary. Where the work includes material from different owners, or for example is a translation of an original work, several owners may each have copyright in the final work. No objection certificate or relevant transfer documents to be obtained from the employees or appointed designers.

 

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