Copyrights India
Copyright is the most pervasive, inclusive and freely accessible intellectual property right. One may go so far as to call it the ‘people’s right’, for the contemporaneous and automatic protection it affords to all original creations.
The Indian Copyright Act protects original literary, dramatic, musical and artistic works, cinematograph films, sound recordings and much more besides. Copyright registration is not mandatory for protection, but is recommended for certain kinds of works for their better enforcement. India is a signatory to several international treaties including the Berne Convention; copyright protections are thus equally available to works created by foreign nationals in Convention countries.
Lately, copyright legislation and copyright common law have appeared to tug at divergent trends with legislation seeking to secure greater rights for the right holder and courts interpreting a less onerous and restrictive exclusivity arising from copyright. Regardless, protecting and enforcing copyright in this digital century is presenting, and will continue to pose, ever more complex challenges for rights holders and will require a rethink of business models.
The firm caters to all stakeholders of the creative communities including individual artists and authors, rights managers, publishers, IT companies, producers and broadcasters, etc. We have played a pivotal role in the development of copyright jurisprudence in the country including landmark cases on moral rights, fair dealing, compulsory licensing, copyright in characters and assisting in the formation of collecting societies.
Our services include copyright prosecution and registration, licensing and assignment, contract negotiation and drafting, due diligence, clearances and regulatory compliances, dispute resolution and enforcement. In addition to the above services, we have created specialized teams for the areas of Arts and Antiquities, Media and Entertainment and IT and E-Commerce.