A copyright disclaimer ensures the fair use of creative content, as defined under section 107 of the Copyright Act of 1976, preventing copyright infringement while informing consumers of their rights. Copyrighted works include literary and artistic creations, requiring specific criteria to be recognized, such as originality and fixation. The process for establishing a copyright ownership includes formal documentation and serves various benefits, including legal protection and the ability to monetize the work.

1. Copyright Disclaimer

2. What is a Copyright Disclaimer?
As per Section 107 of the Copyright Act 1976, a
copyright disclaimer is a notice that ensures or
asks for the fair use of content. Content, in this
context, can refer to ideas, videos, comments,
journalistic reports, scholarship research and
even reviews. Fair use refers to the legal
processes validated as per the enactment rules
of the copyright. Copyright protection helps
content creators project their ideas and
content, and disclaimers help consumers be
aware of such protection, helping prevent any
infringement.

3. Terms Related to Copyright
DisclaimerCopyright:
Copyright is the legal procedure using which individuals or
companies get to protect their creative and unique ideas.
In fact, several types of content, including poems, plays,
films, books and artwork come under copyright protection.
Due to the rise in use of technology, copyright protection
for website content has been on the rise in recent years.
Disclaimer:
A disclaimer details the liabilities attached to any product
or service, and helps inform consumers regarding the
hazards posed by them. It details all the risks accurately,
while a few specifically mention that the list of risks is not
exhaustive, and then include an additional Notice of Risk.

4. What is Copyright Infringement?
Infringement is anything that results in content that is copyright protected to get copied
or stolen or used without proper steps being taken. Copyright protection guarantees that
the original content creators retain full authority and get credit for their work. Without
such protection, people would have the freedom to use, copy, steal and replicate all
content in as many ways as they require. Infringement occurs under the following
circumstances;
1. Making of illegal copies for sale or promotion without permission
2. Involvement in the importing od copies of such material
3. Involvement in jobs that profit from engaging in such copyright infringement
4. Circulation of copyrighted materials resulting in damages to the original content
creator
5. Involvement in any activity that harms, compromises or inconveniences the original
creator

5. What Comes Under Copyright
Protection?
Here’s a look at what all items can be
brought under Copyright Protection;
● Literary works, like books, novels
and research papers
● Songs and musical soundtracks
● Computer software and
applications
● Dramatic works, plays, and scripts
● Sound recordings
● Cinematographic films
● Musical works
● Artistic works, like paintings,
graphic art and art comics

6. Copyright Disclaimer Requirements:
1. The work in question must be constant and recorded
or fixed in that state. For instance, to copyright a song,
it needs to be noted down as a musical score so that
there is a document proving its constant nature. On
the other hand, videos of the song being played live
cannot be copyrighted.
2. Only the expression of a creative content may be
copyrighted, and not the idea itself. This clause goes
hand in hand with fixation or requirement to be
constant. The idea must be physically expressed or
manifested.
3. The work must be original, creative and unique.
Therefore, you cannot copyright direct samples,
paragraphs or titles from other people’s original work.

7. Copyright Disclaimer Process:
● First and foremost, decide whether you want your work to be
copyright protected.
● If so, associate your work with a visually perceptible symbol,
such as © and ℗ symbol.
● Also incorporate the work Copyright or Corp to make sure that
consumers are aware that your work is under copyright
protection.
● Make note of the year of your work’s publishing and
registration.
● Mention and declare the name of the holder of the copyright.
● Once all of this is done, attach a copy of the copyright notice
onto your website, video or physical store.
● In some cases, you can also add a Statement of Rights which
allows consumers to understand what all rights you have over
your work.

8. Documents Needed for RCMC
To put up a copyright disclaimer, you need
a registered copyright. The documents
needed to apply for that is as follows;
● 2 Copies of work
● DD of the amount, as per the work
● NOC from the original creator,
publisher, photographer if the person
applying is different
● Power of Attorney, if an attorney is
applying for the copyright

9. Benefits of Copyright Disclaimer
1. Works as a Public Declaration of your
ownership
2. Serves as a marketing collateral
3. Strengthens legal proceedings in times of
litigation for copyright infringement
4. Helps preserve your right to control and
authority over your work
5. Can act like a legacy, as copyright protection
lasts for as long as over seventy years
6. Ability to sue people who illegally copy,
distribute, sell and profit form your work
7. Allows you to make money in the form of
license fees, penalties and fines
8. Makes it easier to license your work
9. Serves as an ironclad legal assurance

10. Why Vakilsearch?
● We provide quality service at the most affordable prices
● Have over 4,00,000 satisfied clients and the number only grows
● Truly digital services that make things easy for both you and us
● We offer advice on how to apply, and handle all the paperwork
● Constant updates until the registration is complete
● Most cost-effective solution
● Trusted service provider with over 1200 positive reviews
● Access to reliable professionals from our team of experts
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