Lexlevel Services - Expert Copyright Consultants to Protect Your Creative Work
The Copyright Act, 1957 came into effect from January 1958 and has been amended five times since then to bring in conformity with two WIPO internet treaties, i.e., the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty.
Lexlevel Services is your expert Copyright consultant in India. We provide specialized advice and services related to copyright law to bridge the gap between author, creator, etc., and provide you with the correct legal framework, enforcing your exclusive rights and proper exploitation of copyrighted works. We assist individuals, businesses, and organizations in understanding and managing their copyright-related issues.
What is copyright and why it is important?
According to the Copyrights Act 1957, a copyright is a form of protection given by the state to authors and creators of original works such as literary, dramatic, musical, artistic, and certain other forms both published and unpublished, things which are not ‘works’ that also include sound recordings, films and broadcast. The Copyright Act of 1957 provides legal remedies regarding copyright infringement. Legal key aspects to be considered are –
- The Copyright Act 1957 applies only to original works with a creativity that qualifies for protection for copyright.
- Its formal registration is not required but it can serve as prima facie evidence for legal framework regarding original work.
- Copyright protection varies depending on the work of the creator.
- The Copyright Act recognizes the moral right to prevent infringement or mutilation of work that will harm the original work of the creator and his reputation.
Why You Need a Copyright Consultant?
You will need a copyright consultantin India for several reasons and it is particularly important if you are involved in creating, distributing or using intellectual property. We can help you in various ways such as:
a) Protection of Intellectual Property
i) Copyright Consultants in India will provide you with expert guidance and help you with the protection of your Intellectual property rights!
ii) We have specialized knowledge in copyright laws, which can be complex and vary by jurisdiction. They can help ensure that your creations, whether books, music, software, or artwork, are properly protected under copyright law.
iii) We help you create a legal framework of the work which automatically serves as prima facie evidence in court and streamlines enforcement actions in case of infringement of work.
b) Registration of Copyright works
i) Copyright consultant in India aids creators regarding registration of original work with the Copyright Office of India to ensure proper compliance with the requirements.
ii) We help you ensure that no one can use your work without your permission.
iii) Copyright Licensing and Agreements are one of the major roles of copyright consultants in India as it allow to commercialization of creators’ work and include key legal terms.
c) Preventing Copyright Infringement
i) A copyright consultant can review your use of third-party content to determine whether it falls under fair use or requires a license and helps you protect yourself from any fines or damages.
ii) Consultants assist in digital copyright protection of creators’ work under the Information Technology Act 2000 and handling unauthorized uploads and downloads of content concerning online piracy.
iii) Consultants help you navigate potential copyright issues, ensuring you stay compliant with the law when distributing, reproducing, or modifying copyrighted material.
d) Enforcing Copyright and handling Infringement
i) We can help you track your work and if others are using your work without your permission.
ii) Cease and Desist Letters: Through these letters, we will help you stop any unauthorized use.
iii) We will provide you with litigation and legal support.
- Copyright consultants in India also assist in registering with societies like the Indian Performing Right Society (IPRS) and the Pornographic Performance Limited (PPL) in the case of music, broadcasting, sound recording, and publishing.
- We can also help you with Copyright strategy, Digital Copyrights, and consultation to navigate you smoothly from the complex legal reforms.
Types of Copyright Services in India
Lexlevel Services offers various Copyright Services to help creators and businesses protect, manage, and enforce their intellectual property rights. We provide the following services:
a) Copyright Registration
We ensure proper documentation and compliance with necessary formalities. We help in preparing and filing copyright applications with the Indian Copyright Office and assist in the process with any objections or queries.
b) Copyright Advisory and Consultation
Lexlevel Services offers strategic, practical, and legally sound advice on copyright-related matters including protection, transfer agreements, licensing and infringement.
c) Copyright Infringement
Copyright consultants in India like Lexlevel Services help in identifying unauthorized use of your creative work, send cease and desist notices, and provide litigation and legal support.
d) Copyright Licensing services
Lexlevel Services will help you draft accurate license agreements to grant rights and negotiate terms for your benefit for royalties, usage rights, scope of license, etc.
e) Copyright Enforcement Services
We can help you with Anti-Piracy measures, and Digital Millenium Copyright Act takedown measures from online platforms, ensuring legal action and enforcement.
f) Copyright Tracking and Portfolio Management
We will help you with renewals and transfers of rights.
g) Digital Copyright Services and Audit
We can help creators protect their digital content and audit existing works to identify gaps in copyrighted works.
Copyright Registration Process in India
Chapter VI of the Copyright Rules, 1956, sets out the procedure for the registration of a work as follows:
- Application for registration is to be made on Form
- IV (Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules which can be submitted online or offline;
- Separate applications should be made for registration of each work, including a No Objection certificate if applicable during submission;
- Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules;
- The applications should be signed by the applicant or the advocate in whose favor a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.
- After filing, a 30-day waiting period is observed for any objections. If an objection is raised, the Copyright Office will notify the parties for hearings.
- Once registered, a Copyright Registration Certificate is issued to the applicant, confirming legal protection for the work.
Complexities of Copyright Registration and Enforcement
Complexities arises for copyright registration and enforcement due to procedural, technological, digital and administrative factors along with evolving digital protection need for intellectual property.
- One of the primary challenges faced in copyright law is difficulty in protecting functional aspects of creative work particularly in aspect of software and database as it can lead to significant gap in protection, especially in digital environment where collaborative and open-source models are prevalent.
- Under Indian law, copyright registration is not mandatory for protection but it is essential as it serves as prima facie evidence in court of law in purpose of work infringement.
- Determining ownership claim is a most complex issue regarding cases like joint authorship, commissioned works as in these work multiple contributors are involved.
- One of the greatest complexity lies in digital piracy as various illegal websites, streaming platforms, file sharing networks has made it difficult to prevent the unauthorized distribution of work through digital medias.
- The emergence of new technologies such as blockchain, present both opportunities and challenges for copyright enforcement as blockchain technology could facilitate new form of rights potentially streamline the process however the transition to the new system is fraught with legal uncertainties.
Avoiding common mistakes and ensuring a smooth process.
Various common mistakes can be avoided by hiring a copyright expert and copyright consultant like Lexlevel Services to ensure smooth process –
- Incomplete or incorrect application forms like incorrect listing of author and claimant, not providing complete description of work and omitting necessary supplement documents.
- Failing to deposit the required copies of the work with copyright office as being the integral part of registration.
- Incorrect information on ownership (entity holding the right) and authorship (creator of work).
- Overestimating scope of copyright protection as it differs from trademark and patents.
- Delaying in registration affect the legal and ownership claim of the work.
- Failure to renew or update registration can lead to lapse in copyright protection.
Why Choose Our Copyright Consultancy – Lexlevel Services
By Choosing Lexlevel Services as your Copyright Consultant, who is not only knowledgeable and experiences but also proactive in securing and maximizing the value of your intellectual property, ensuring our client’s long-term success and peace of mind.
a) Expert Knowledge and a team of professionals
We have a highly skilled team of copyright lawyers who will provide exceptional legal services tailored to your needs. We stay regularly updated on legal amendments and nuances both in Indian and International law.
b) Comprehensive service offerings
We provide tailored end-to-end solutions for your copyright-related matters.
c) Experience with Complex High-value cases
Our team of expert lawyers has vast experience in handling all types of cases.
d) Strategic Licensing and Monetizing
We help clients monetize their copyrights by drafting robust licensing agreements, ensuring you receive maximum financial benefit while retaining control over your work.
e) Personalized Client Attention
Each client is assigned a dedicated consultant, ensuring personalized attention and swift responses to all inquiries and concerns.
f) Cost-Effective Solutions
We offer competitive pricing without compromising on quality, making us an accessible option for individuals, startups, and large corporations alike.
Benefits of Hiring a Copyright Consultant in India
Hiring a copyright consultant like Lexlevel Services provides expert guidance on navigating complex copyright laws, ensuring your intellectual property is properly protected and monetized. We would streamline the registration process, help prevent and address copyright infringement maximize the value of your work through licensing agreements, and ensure end-to-end compliance with legal frameworks. With personalized strategies and international protection, copyright consultants like Lexlevel Services save you time and legal costs, allowing you to focus on your creative or business endeavors while safeguarding your rights.
Conclusion
Hiring a copyright consultant in India like Lexlevel Services offers essential services to navigate the complexities of copyright law, enforce rights, and maximize commercial potential. We would help you at every step like registration, infringement protection, licensing, portfolio management, and international copyright enforcement. By ensuring legal compliance and proactively addressing digital and traditional copyright issues, they help businesses and creators maximize the value of their intellectual property. With their support, you avoid legal pitfalls, swiftly address infringement, and strategically protect your work in a competitive and global marketplace. Whether you’re a creator, business, or organization, having a copyright consultant on board helps safeguard your work, manage risks, and unlock new opportunities for monetization and growth.
Frequently Asked Questions
What is the process for registering a copyright in India?
To apply for registration, you need to submit Form IV, which includes both a Statement of Particulars and a Statement of Further Particulars, as outlined in the first schedule of the Rules. Keep in mind, a separate application is required for each work you wish to register. Along with each application, you must include the appropriate fee as listed in the second schedule of the Rules. The applicant or their authorized advocate, who has a valid Vakalatnama or Power of Attorney, must sign the application. Be sure to attach the Power of Attorney, which should be signed by the applicant and accepted by the advocate.
How long does it take to obtain a copyright registration?
After you have submitted your application and a diary number is assigned, there is a statutory wait of 30 days wherein all potential objections at the Copyright Office are supposed to have been advanced. In the event of an objection, the Registrar of Copyrights shall afford the parties the opportunity to be heard, following which he shall adjudicate whether or not to register the work. The application is taken for examination by the examiners if no objections arise. If any discrepancy arises during the examination, the applicant is usually given 45 days to remove them. Therefore, it may take around 2 to 3 months for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key for speedy disposal the matter.
What are the costs involved in copyright registration and enforcement?
For an application for registration or copyright in a Literary, Dramatic, Musical or Artistic, Cinematograph Film, Sound Recording can range from INR 3000 to INR 25,000. Depending on the jurisdiction, product, time etc.
Can a copyright consultant help with resolving copyright disputes?
Yes, Lexlevel services offers expert copyright consultancy in India who ensures to resolve each copyright conflicts and hand-holds the client from Registration to issuance of certificate.