Logo Copyright for Goods
Businesses use both copyright and trademark protections to safeguard their logos. The Copyright Act only protects original and creative works, and in the case of logos, at least one of these elements may be missing. Additionally, names and colors are not protected by copyright, which can further complicate matters for brands.
However, logos that exhibit significant artistic creativity can qualify for copyright protection. Furthermore, logos that meet specific criteria may be protected by both trademark and copyright. This dual protection ensures that competitors cannot use similar designs to confuse customers, and the logo cannot be copied in any form.
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Copyright Registration in India – An Overview
Logos are a crucial element of marketing, representing a company through pictorial or graphic design that people can easily associate with. Therefore, it is essential to have a distinctive logo that sets a brand apart from its competition and creates a unique identity. However, there is some ambiguity surrounding the protection of logos – are they protected by copyright or trademark?
In most cases, businesses use both copyright and trademark protections to safeguard their logos. The Copyright Act only protects original and creative works, and in the case of logos, at least one of these elements may be missing. Additionally, names and colors are not protected by copyright, which can further complicate matters for brands.
However, logos that exhibit significant artistic creativity can qualify for copyright protection. Furthermore, logos that meet specific criteria may be protected by both trademark and copyright. This dual protection ensures that competitors cannot use similar designs to confuse customers, and the logo cannot be copied in any form.
What Can Be Protected by Online Copyright Registration?
Copyright is a type of intellectual property law that offers protection to original works of authorship such as literary, dramatic, musical, and artistic works, including novels, poetry, films, songs, software, and architecture. However, copyright does not extend to facts, ideas, systems, or methods of operation, although it may safeguard the way these things are expressed.
There are nine categories of works that are eligible for copyright protection:
Books: Copyright registration is critical for literary works to protect the author’s legal rights, particularly given the ease with which content is altered, transferred, and replicated in our digital age.
Software: Copyright registration in India for software protects programmers, coders, and developers from unauthorised use of their work by third-party individuals or companies.
Scripts: Copyrighting a creative work, such as a script, prevents people from engaging in unauthorized use of your work, such as copying, publishing, transmitting, exhibiting, distributing, modifying, and displaying other people’s original creative expressions.
Lyrics: Copyright protects the lyrics of a song as soon as they are written, and online copyright registration of lyrics provides constructive notice of the song’s copyright protection.
Websites: Copyright rights only extend to the elements of a website that you created as the author, including text, computer programmes, compilations, photographs, paintings, diagrams, and works incorporating music.
Apps: Copyright registration of software protects early designs of creativity, including software code, graphics, and models used to create mobile applications and other computer software.
Videos: Copyright registration for video serves as clear evidence in any copyright infringement lawsuit, making it easier to collect damages in such a situation.
Songs: Obtaining copyright protection for your song is crucial, particularly if you are a new musician who may not have the resources to fight if your song is misused or pirated.
Music: Copyright registration is essential for asserting your rights in a copyright infringement claim, particularly if you have composed a song or symphony, as it establishes your legal claim to the work and grants you exclusive rights.
Rights held by copyright owners:
To fully understand the remedies for infringement, it is crucial to first understand the rights held by copyright owners. Owners of valid copyrights are entitled to:
- Publicly display the work that has been published
Create the piece in a tangible medium - Prevent the creation, replication, performance, or publication of any translations of the work
- Create necessary adaptations and distribute the content via broadcast, radio, or cable
- Additionally, the first author of the work has the following exclusive rights:
Duplicate the work
Create derivative works using the source material
Publicly perform the work after it has been distributed
Showcase the artwork in a professional context
Seek redress if the work’s copyright is being used without permission.
Furthermore, the following rights belong solely to the copyright owner, and can only be transferred to another party with their consent:
No one may duplicate or reproduce a work protected by copyright in India, in whole or in part, without the owner’s permission
The creator has the sole right to adapt and use their work however they see fit (e.g., turn a book into a movie)
Public communication rights: The sole right to broadcast their original works to the general public
Owners of artistic and musical works have the sole right to public performances of their creations
The right of attribution or paternity suggests that the owner or creator may assert sole authorship over their creative production, meaning they can claim responsibility for it
The owner has the legal right to sue if their creation is misrepresented or altered without their permission
Right of distribution: The sole right to make their work available in any format they choose (through selling, reproducing, leasing, lending, renting, or transferring).
Documents Required
Documents required for copyright registration in india is listed below
Personal details:
Name, address, and nationality of the applicant
Name, address, and nationality of the author of the work
Nature of the applicant’s interest in the copyright – whether the applicant is the author of the work or the representative of the author
Copies of the original work
ID proof of the owner and incorporation certificate if it is for business
Nature of the work:
Class & description of the work
Title of the work
Language of the work
Date of publication – publication in internal magazines, like a company magazine or a research paper submitted to a professor does not count as publication.
Documents:
Three copies of your work
Authorisation letter (we will send you)