#copyright website

Covers the duration of copyright, ownership rights of lyricists, composers, singers, and producers, and highlights the benefits of copyright registration.

Introduction

Imagine you compose music distribution and discover that someone has used your song in their video or movie without your permission.It is natural to feel angry in such a situation. Additionally, despite the song receiving numerous views, you didn't receive any royalties because you didn't have the legal rights to your creation. This is where copyright becomes relevant. Copyright law in India is like a shield that protects your creative works, including music. Understanding how copyright works is essential whether you're a songwriter, composer, singer, or producer. In this article, we will walk you through the process of obtaining a copyright and shed light on the ownership rights of different contributors to a song.

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I. Copyright Protection for Musical Creations

A. What Does Copyright Cover? Music Copyright protection in India extends to various musical creations, including original songs, lyrics, melodies, and even sound recordings. As a creator, you have exclusive rights over your work, such as controlling who can reproduce, distribute, perform, or adapt your music.

B. How Long Does Copyright Last? The duration of music copyright protection depends on the type of work. For songs and other creative works, copyright lasts for the author's lifetime plus sixty years from the year of their death or sixty years from the date of publication, whichever is later. As for sound recordings, they enjoy copyright protection for sixty years from the year following their publication. Performer's rights, which cover singers' performances, last for fifty years from the year of the performance.

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II. Ownership Rights in a Song

A song is a collaborative effort, often involving individuals with unique contributions. Let's break down the ownership rights in a song:

A. Lyricist's Copyright The lyricist holds the copyright for the literary work. They have the exclusive right to reproduce, distribute, adapt, and publicly perform their written masterpiece.

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B. Composer's Copyright The composer owns the copyright for the musical composition. They have the exclusive right to reproduce, perform, adapt, and Free music distribution with the world.

C. Singer's Performer's Rights The singer performing a song has exclusive rights to make recordings of their performances, distribute them, and protect their recordings from unauthorized use. It's important to note that the performer's rights don't override the rights of the song's lyricist and composer.

D. Producer's Copyright The producer plays a vital role in recording and distributing the song. They hold the music copyright for the sound recording, giving them the exclusive right to reproduce, distribute, communicate, and make the recorded music available to the public.

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III. Registration Process & Importance

A. The Importance of Registering Copyright

Copyright protection provides significant benefits and reinforces the protection of your creative efforts. As an artist, you are entitled to collect royalties for your works, and it's crucial to take steps to protect your creations. For independent artists, it is recommended to be associated with a copyright society relevant to their artistic output and conduct research to ensure their rights are adequately protected. ‍

Please note that copyright laws can be complex and vary from country to country, so artists should consider seeking professional advice from a qualified lawyer who specialises in intellectual property matters to fully understand their rights and the appropriate steps to take:

1. Solid Evidence of Ownership: It provides concrete evidence of your ownership over the musical composition or sound recording by creating an official record making it easier to prove your ownership.

2. Enhanced Legal Protection: It strengthens your legal position and provides additional avenues for protection. In the event of litigation, copyright registration can significantly strengthen your case and increase your chances of success.

3. Deterrent Effect: The act of registering acts as a deterrent to potential infringers. They are more likely to respect your rights and seek proper permissions before using your music. It conveys that you are serious about protecting your creative endeavors.

4. Access to Legal Remedies: It grants you access to a wide range of legal remedies and options in case of infringement. It allows you to seek statutory damages and attorney's fees in litigation, which can be crucial in recovering damages.

5. Global Protection: It can also facilitate international protection of your musical creations. Under certain international treaties, copyright registration in your home country may serve as a basis for seeking protection in other countries.

6. Licensing and Commercial Opportunities: It provides a clear framework for negotiating and entering into licensing agreements with third parties, such as music distribution services, publishers, streaming platforms, or film production companies. Registering your copyright increases the perceived value of your music and enhances your ability to monetise your creative works.

‍

In summary, registering your copyright offers the substantial advantages mentioned above. Considering these benefits, it is highly recommended to register your copyright to maximise the protection and value of your musical creations.

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B. Steps to Register Copyright

1. Complete Form XIV: To initiate the copyright registration process, you must fill out Form XIV. Provide accurate and comprehensive information about your musical work in the form.

2. Submit the Application: Once you have filled out the form, submit it to the Registrar of Copyrights along with the required fee. This fee covers the processing and registration of your copyright. If your song involves multiple authors, you must obtain a No Objection Certificate (NOC) from them, acknowledging your right to register the copyright.

3. Choose the Application Submission Method: You have two options for submitting your copyright application:

   a. Physical Submission: You can send your application physically by post to the Registrar of Copyrights. Ensure to follow the guidelines provided by the copyright office and include all necessary documents.

   b. Online Submission: Alternatively, you can submit your application online through the official copyright website of the Government of India. This method offers convenience and saves time. 

4. Notify Interested Parties: It is important to notify any individuals who claim an interest in your copyright. This notification ensures that all parties involved know your intent to register the copyright and can raise objections if necessary.

5. Application Review: After receiving your copyright application, the Registrar will review its contents and verify the provided information. The Registrar ensures that the application adheres to the requirements specified in the Copyright Act and related regulations.

6. Objection Process: If no objections are raised within thirty days of filing the application, the Registrar will proceed with the registration process and enter your copyright details in the Register. However, in case of any objections, the Registrar will conduct an inquiry to allow all concerned parties to present their arguments and evidence.

7. Registrar's Decision: Based on the inquiry and considering the arguments presented by the parties involved, the Registrar will decide to accept or reject the copyright application. The Registrar's decision aims to ensure fairness and protect the rights of all parties concerned.

8. Completion of Registration: Once the Registrar approves your application and signs the entry of your copyright in the Register, the registration process is considered complete. You will receive a certificate of copyright registration, which serves as official documentation of your copyright ownership.

By following these steps and registering your copyright, you enhance the legal protection of your musical creations and establish a solid foundation for any potential legal actions against copyright infringement.

‍

IV. Disclaimer

The information provided in this article is for informational purposes only and does not constitute legal or professional advice. It's always a good idea to consult with a qualified legal professional for specific guidance and assistance regarding copyright matters.

‍

Conclusion

Introduction

Imagine you compose music distribution and discover that someone has used your song in their video or movie without your permission.It is natural to feel angry in such a situation. Additionally, despite the song receiving numerous views, you didn't receive any royalties because you didn't have the legal rights to your creation. This is where copyright becomes relevant. Copyright law in India is like a shield that protects your creative works, including music. Understanding how copyright works is essential whether you're a songwriter, composer, singer, or producer. In this article, we will walk you through the process of obtaining a copyright and shed light on the ownership rights of different contributors to a song.

A. What Does Copyright Cover? Music Copyright protection in India extends to various musical creations, including original songs, lyrics, melodies, and even sound recordings. As a creator, you have exclusive rights over your work, such as controlling who can reproduce, distribute, perform, or adapt your music.

B. How Long Does Copyright Last? The duration of music copyright protection depends on the type of work. For songs and other creative works, copyright lasts for the author's lifetime plus sixty years from the year of their death or sixty years from the date of publication, whichever is later. As for sound recordings, they enjoy copyright protection for sixty years from the year following their publication. Performer's rights, which cover singers' performances, last for fifty years from the year of the performance.

‍

II. Ownership Rights in a Song

A song is a collaborative effort, often involving individuals with unique contributions. Let's break down the ownership rights in a song:

A. Lyricist's Copyright The lyricist holds the copyright for the literary work. They have the exclusive right to reproduce, distribute, adapt, and publicly perform their written masterpiece.

‍

B. Composer's Copyright The composer owns the copyright for the musical composition. They have the exclusive right to reproduce, perform, adapt, and Free music distribution with the world.

C. Singer's Performer's Rights The singer performing a song has exclusive rights to make recordings of their performances, distribute them, and protect their recordings from unauthorized use. It's important to note that the performer's rights don't override the rights of the song's lyricist and composer.

D. Producer's Copyright The producer plays a vital role in recording and distributing the song. They hold the music copyright for the sound recording, giving them the exclusive right to reproduce, distribute, communicate, and make the recorded music available to the public.

‍

III. Registration Process & Importance

A. The Importance of Registering Copyright

Copyright protection provides significant benefits and reinforces the protection of your creative efforts. As an artist, you are entitled to collect royalties for your works, and it's crucial to take steps to protect your creations. For independent artists, it is recommended to be associated with a copyright society relevant to their artistic output and conduct research to ensure their rights are adequately protected. ‍

Please note that copyright laws can be complex and vary from country to country, so artists should consider seeking professional advice from a qualified lawyer who specialises in intellectual property matters to fully understand their rights and the appropriate steps to take:

1. Solid Evidence of Ownership: It provides concrete evidence of your ownership over the musical composition or sound recording by creating an official record making it easier to prove your ownership.

2. Enhanced Legal Protection: It strengthens your legal position and provides additional avenues for protection. In the event of litigation, copyright registration can significantly strengthen your case and increase your chances of success.

3. Deterrent Effect: The act of registering acts as a deterrent to potential infringers. They are more likely to respect your rights and seek proper permissions before using your music. It conveys that you are serious about protecting your creative endeavors.

4. Access to Legal Remedies: It grants you access to a wide range of legal remedies and options in case of infringement. It allows you to seek statutory damages and attorney's fees in litigation, which can be crucial in recovering damages.

5. Global Protection: It can also facilitate international protection of your musical creations. Under certain international treaties, copyright registration in your home country may serve as a basis for seeking protection in other countries.

6. Licensing and Commercial Opportunities: It provides a clear framework for negotiating and entering into licensing agreements with third parties, such as music distribution services, publishers, streaming platforms, or film production companies. Registering your copyright increases the perceived value of your music and enhances your ability to monetise your creative works.

‍

In summary, registering your copyright offers the substantial advantages mentioned above. Considering these benefits, it is highly recommended to register your copyright to maximise the protection and value of your musical creations.

‍

B. Steps to Register Copyright

1. Complete Form XIV: To initiate the copyright registration process, you must fill out Form XIV. Provide accurate and comprehensive information about your musical work in the form.

2. Submit the Application: Once you have filled out the form, submit it to the Registrar of Copyrights along with the required fee. This fee covers the processing and registration of your copyright. If your song involves multiple authors, you must obtain a No Objection Certificate (NOC) from them, acknowledging your right to register the copyright.

3. Choose the Application Submission Method: You have two options for submitting your copyright application:

   a. Physical Submission: You can send your application physically by post to the Registrar of Copyrights. Ensure to follow the guidelines provided by the copyright office and include all necessary documents.

   b. Online Submission: Alternatively, you can submit your application online through the official copyright website of the Government of India. This method offers convenience and saves time. 

4. Notify Interested Parties: It is important to notify any individuals who claim an interest in your copyright. This notification ensures that all parties involved know your intent to register the copyright and can raise objections if necessary.

5. Application Review: After receiving your copyright application, the Registrar will review its contents and verify the provided information. The Registrar ensures that the application adheres to the requirements specified in the Copyright Act and related regulations.

6. Objection Process: If no objections are raised within thirty days of filing the application, the Registrar will proceed with the registration process and enter your copyright details in the Register. However, in case of any objections, the Registrar will conduct an inquiry to allow all concerned parties to present their arguments and evidence.

7. Registrar's Decision: Based on the inquiry and considering the arguments presented by the parties involved, the Registrar will decide to accept or reject the copyright application. The Registrar's decision aims to ensure fairness and protect the rights of all parties concerned.

8. Completion of Registration: Once the Registrar approves your application and signs the entry of your copyright in the Register, the registration process is considered complete. You will receive a certificate of copyright registration, which serves as official documentation of your copyright ownership.

By following these steps and registering your copyright, you enhance the legal protection of your musical creations and establish a solid foundation for any potential legal actions against copyright infringement.

‍

IV. Disclaimer

The information provided in this article is for informational purposes only and does not constitute legal or professional advice. It's always a good idea to consult with a qualified legal professional for specific guidance and assistance regarding copyright matters.

‍

Conclusion

Understanding the Copyright Law and registering your copyright can effectively safeguard your music. It strengthens your legal protection, providing undeniable evidence of ownership and making it easier to fight infringement. Own your art and enjoy the benefits that come with it!

The most common challenge creators face nowadays is a copyright infringement issue. Back in the previous years, i.e., the non-internet century, stealing or distributing someone else’s work wasn’t as easy as it is today. However, with the boom of the internet and digital age, it has become common for artists, writers, and others who publish their work online to find the same on unauthorized sites, ads, etc. DMCA is what came into the light to regulate digital media and deal with copyright challenges and issues the digital world faces.

What is DMCA?

DMCA or Digital Millennium Copyright Act is the result of a collaboration between legislators, consumer advocates, and media companies. By the mid to late 1990s, peer-to-peer file-sharing along with several other digital technologies had expedited widespread illegal access to copyrighted material. In response to this, several firms and organizations lobbied for a formal approach that could aid the copyright holders to assert their ownership rights over material illegally posted on third-party websites, and thus, have the same removed promptly. As a result of their request, a law known as DMCA was enacted in 1998 by the US government and signed by President Bill Clinton on October 28th of the same year. Alongside looking into different sorts of Copyright Infringement concerns on the digital surface, DMCA aims to balance the interests of copyright owners as well as users and reinforces penalties for offenders. DMCA, in its original form, was criticized by many scientists who believed that this would disrupt the growing IT industry. Although the Act/law was made to undergo various revisions to incorporate several exceptions following worldwide criticism, still, many countries prefer the versions of their Copyright Law, not DMCA.

What is DMCA Takedown Notice?

A DMCA takedown notice refers to the official notification to the company, ISP (internet service provider), search engine, or web host informing that they are hosting or linking to the material which infringes on a copyright. The website or company at the receiving end of this notice should promptly take down the material in question because if they don’t do so, then the ISP could forcibly remove it. Copyright content which you can prevent from infringement by sending a DMCA takedown notice encompasses:

·         Pictures posted on businesses’ official sites,

·         Written texts like books, poetry, blogs, etc.,

·         Artwork, images, photos, paintings, etc.,

·         Songs, music, or other audio files,

·         Digital software,

·         Videos.

Now, when you are aware of what is DMCA and DMCA notice, you hopefully be interested in knowing how to write this legal notice, where to send it, and more. So, get ready as this article has brought everything for you!

Is DMCA Notice Applies Only to Registered Work?

No, it is not essential to register your work before writing a DMCA takedown request. Content in tangible form turns into your Intellectual Property (IP) as soon as you create it, and DMCA is intended to ensure the protection of such IPs. Hence, you can send the DMCA notice even if your content isn’t registered. Most people post images, videos, or written content online without any registration with the copyright office, but still, they hold the exclusive rights over these materials and can send DMCA notices for any unlawful use of the same. Copyright Registration is required if you want to file a copyright infringement lawsuit. Otherwise, DMCA takedown requests work well for the protection of any unregistered material.

How to Write DMCA Takedown Notice?

In general, there is no official template to create a DMCA notice. Nevertheless, there are some specific requisites that each DMCA notice should include to be valid. Apart from providing details like the URL of site hosting copyrighted material, statistics of the infringed content, etc., identifying suspected copyright infringement, you (writer) must:

·         List all the details of the Copyright Website, i.e., original site or content.

·         State that the notice is written and filed in good faith that violation of your content had taken place.

·         Make a statement that under penalty of perjury all the information provided in the notice is correct.

·         Provide your contact information as it is a legal notice.

·         Finish it off with your electronic or physical signature.

To ensure the success of your takedown notice, you must include all the necessary details, disclosures, statements, along with formatting them accordingly. If you find it complicated or are unsure of the process, then take help from a certified IP Attorney as he/she will well handle it for you.

Where or Whom to Send DMCA Takedown Notice?

You can send your DMCA notice to almost every source involved in publishing the violated content. Nonetheless, it is better to proceed in a step-wise way. Start by providing the website’s owner (infringer) with an email asking to take your content down. People often respond to such emails positively and remove the copyrighted material from their site to avoid possible legal consequences. However, if the owner ignores your mail, then you can send a signed DMCA notice to their hosting provider. The hosting provider, if finds your request legitimate, it will immediately either take down the infringed material or disable access to the infringer’s website. You can also file your DMCA request with Google. It will help you by making the search engine to disable the infringing webpage from getting further exposure, in addition to, negatively impacting its SEO ranking.

Wrapping Up

In the present era where everything is turning digital, your content online matters a lot and can benefit you in several ways. On the other hand, if it gets infringed, you can face losses like low rankings on SERPs (Search Engine Results Pages), less traffic to your website, and more. So, don’t let this happen and ensure getting more and more benefits by preventing others from making profits out of the image, text, etc., that you have prepared with lots of effort. In addition to DMCA, there are many approaches to ensure the protection of your IP. You can go for any, but before proceeding, it is imperative to attain complete and precise information, which can easily be obtained by consulting either an experienced Intellectual Property Law Firm or a skilled attorney. 

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The Delhi High Court (HC) has recently restrained Prasar Bharati from infringing the trademark of Dish TV. Justice Rajiv Sahai Endlaw has passed an interim order in which he said that during the suit’s pendency, the public service broadcaster was restrained from continuing Trademark Infringement of the mark “Dish” of Dish TV India Ltd for its DTH (Direct to Home) service. He ordered the defendant to stop using any mark, including the word DISH, whether it is DD FREE DISH or other.

The Judge expressed his disappointment and said he was dismayed that a famous public sector enterprise is infringing another’s trademark and on being objected, refused to act reasonably.

The High Court continued by saying that at least now the officials responsible for conducting the business of Prasar Bharati are expected to pay attention to the matter and take call, whether it is worth opposing the case or not. Prasar Bharati has three months to bring up a new name in front of its subscribers and customers.

Senior advocate Sandeep Sethi and lawyer Sudeep Singh representing Dish TV have filed the case for a permanent order to restrain the defendant from offering its services by adopting a name, including DISH.

On the other side, Prasar Bharati refuted the case saying that DD Free Dish is quite different from DISH TV, and thus holds no possibility of misleading anyone. Moreover, DISH is a general word that describes equipment, which functions by receiving signals from satellite and no DTH platform can work without Dish Antenna.

The court disagreed with the argument of the defendant and continued that although the mark of Prasar Bharati holds the word ”DD”, which in all senses is associated with Doordarshan, there is no assurance that the same cannot confuse the consumers. Though a bit similar yet the mark can break the connection or fade the identity, which is there in the consumers’ minds. It is possible for the subscribers and consumers to come across a misconception that the complainant, in association with Doordarshan, is offering certain channels for free. Apart from this, such association can result in several opinions that uplift the consumers’ desire for getting the plaintiff’s services for free, thus raising issues for complainant.

On 16thJuly 2019, the Delhi High Court (HC) restrained India’s largest public broadcasting agency, Prasar Bharati from infringing the trademark ‘Dish’ of Dish TV.

Justice Rajiv Sahai Endlaw through an interim order revealed that it is unexpected of the public sector enterprise infringing the mark of another company, and hence, the defendant was restrained from using the word Dish of Dish TV India Ltd for its DTH (Direct to Home) service.

Expressing his disappointment, the judge came up with many points, such as:

He was dismayed on coming across such a case where a public service enterprise is indulged in Trademark Infringement.

More disappointing is that the defendant refused to act reasonably when the plaintiff objected and asked it to stop.

The Court continued saying that at least now the executives responsible for managing the business of Prasar Bharati will consider the matter and think; whether it is worthwhile to oppose the case or not. The defendant has three months to come up with a new name for its service.

Advocate Sandeep Sethi and Sudeep Singh were representing Dish TV. They filed the case for the permanent restraining of the defendant’s act of adopting any name, including DISH to offer its services.

Prasar Bharati, on the other hand, refuted all the charges by saying that DD Free Dish and Dish TV are not similar. Hence, there are no possibilities that its mark creates confusion. Besides, DISH is a generic word, which describes the equipment that functions on getting signals from a satellite.  One noticeable thing is that Dish Antenna is the prime need of every DTH (Direct to Home) platform.

The Court continued that it doesn’t agree with the defendant’s argument and then proceeded by saying, the “DD” word, which is associated with Doordarshan, shows a difference in the marks of the two companies. But, the same fact does not ensure that it cannot mislead the consumers. Using a mark similar (no doubt a little bit) to that of the plaintiff can leave the consumers or subscribers with many misconceptions. The customers may think that the plaintiff, in association with Doordarshan, is available with certain free channels. Such thoughts can then increase the customers’ desire for getting certain services for free, and thus upsurge the service providers’ concerns.