How to get copyright in India - To obtain a copyright, there are two requisites: A copyright work should be a literary, musical, dramatic or artistic work in a tangible form.The work should be original. To get your copyright protection in India visit https://www.intepat.com/ip-services/copyright-registration-india/

1. COPYRIGHT PROTECTION
IN INDIA
DEMYSTIFYING COPYRIGHTS
FOR THE AAM AADMI
Angela Dsouza
contact@intepat.com www.intepat.com

2. WHAT IS MEANT BY
COPYRIGHT?
A copyright is the
protection granted to
any literary, dramatic,
artistic or musical
work so as to
prevent it from
unauthorized use and
also to reward the
creator for his/her
work. www.intepat.com

3. WHAT ARE THE REQUISITES FOR
ANY WORK TO OBTAIN A
COPYRIGHT PROTECTION?
To obtain a copyright,
there are two
requisites:
a) The work should be a
literary, musical,
dramatic or artistic
work in a tangible
form.
b) The work should be
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4. ORIGINAL? WHAT IS
THAT?
A copyright mandates that the
work be original. However absolute
originality is not a requisite. It has
been held, through several judicial
decisions, that there should be
a minimum threshold of
creativity for the work to be
original. This was articulated very
well in DB Modak v. Eastern Book
Company.
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5. CAN IDEAS BE COPYRIGHTED?
An idea cannot be copyrighted
unless it is reduced to a
tangible form. Only an
expression of the idea in any
tangible form warrants for a
copyright protection.
Copyrighting ideas would result
in hampering of the free flow
of ideas.
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6. WHO HOLDS THE COPYRIGHT
OVER THE WORK?
This depends on the circumstances
under which the work was
created. Ordinarily the copyright
is held by the creator of the
work. However in case the work is
commissioned by someone or is
done in the course of employment,
then the work belongs to the
person who commissioned the work
or the employer, as the case may
be.
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7. WHAT RIGHTS DOES A
COPYRIGHT CONFER?
A copyright is known as a bundle of rights. Holding a
copyright vests the holder with various rights including:
• The right to reproduce the work in any material form.
• The right to issue copies of the work to the public.
• To perform the work in public.
To make a cinematographic film of the work.
• To make a translation or adaptation of the work.
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8. IS THE © SYMBOL NECESSARY
TO HAVE COPYRIGHT
PROTECTION?There is absolutely no requisite to
display a copyright symbol or
register any work to acquire a
copyright protection. A work is
protected from the moment it is
created and the owner does not
forfeit his/her copyright if he/she
fails to use the copyright symbol.
In fact, the Copyright Act has no
provisions for the registration of a
work.
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9. DOES HOLDING A COPYRIGHT
GRANT ABSOLUTE
PROTECTI0N?
No. One cannot copy your
work but they can definitely
use it. Such use is subject to
S 52 of the Copyright Act and
is termed as fair use. Using
your work for criticism or
review, personal research etc
would be deemed to be fair
use and hence not an
infringement of your copyright.
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10. REMEDIES FOR COPYRIGHT
INFRINGEMENT
In the event of infringement, both
civil and criminal remedies are
available.
In case of civil remedies, you would
be able to claim for injunction,
damages or accounts of profit. On
the other hand, in case of criminal
remedies, the infringer shall be
punished for a term not less than six
months and which may extend to six
years. Also he/she would have to pay
a fine not less than fifty thousand
rupees which may extend to two lakh
rupees.
A subsequent offence would invite a
higher punishment.
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11. Intepat IP Services Private Limited
No:8, 1st Floor, 15th Cross,
100 Feet Ring Road, JP Nagar 6th Phase
Bangalore – 560078, India
Email: contact@intepat.com Web: www.intepat.com Tel: 080-42173649