Biswajit Sarkar, Advocates - IP AttorneysAn IP Law firm with global practices
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Practice

Copyright

Protecting creative and technical work, and making sure the people who create it can prove, license and enforce their rights.

Overview

Copyright arises automatically on creation, but proving ownership is a different matter. Registration with the Copyright Office provides prima facie evidence of the particulars entered, and clear written assignments settle who owns what.

The firm acts for authors, artists, publishers, software developers, advertising agencies and institutions, including the pro bono work for the Missionaries of Charity described among its landmark cases.

What we do

Services

  • Copyright Registration

    Registration gives legal proof of ownership and protects creative works against unauthorised use. Our legal team protects all kinds of literary works, artistic and graphic works, musical works, sound and video recordings and films.

  • Software and Mobile Apps

    Software and mobile applications are protected in India under the Copyright Act, 1957. The application is filed with the applicant's and author's details, extracts of the source code and, where required, a no-objection certificate from the author. After a 30-day period for objections and examination, registration is completed. Our legal team handles the whole process until the registration certificate is issued.

  • Assignments and Licensing

    Copyright owners can earn from their works through assignment or licensing. An assignment transfers ownership, while a licence lets others use the work for a set period. Our legal team prepares these agreements, covering who owns the rights, how the work may be used, for how long and for what payment, so that the owner's rights are upheld and disputes are avoided.

  • Artistic Works in Logos

    The artistic work in a trade mark or logo can also be protected by copyright registration. Our legal team obtains the required search certificate under Section 45(1) or a no-objection certificate from the Trade Marks Registry, and prepares and files the application before the Copyright Office.

  • Infringement and Piracy

    Copyright owners can take legal action against unauthorised copying, use or distribution of their work. Our legal team drafts legal notices, files suits to stop infringement and claim damages, and initiates criminal complaints against piracy and counterfeiting.

  • Online Takedown

    Online piracy erodes the value of digital media and proprietary content. When unauthorised use is found online, evidence is collected and a notice is sent to the website or platform asking for removal. Our legal team runs statutory notice-and-takedown procedures to remove infringing software, digital courses, media files and other works from websites, cloud servers, social media and e-commerce marketplaces, and follows up with further legal action where necessary.

Our approach

How a matter progresses

The usual course of a copyright matter in India, from first instructions to a final outcome.

  1. Ownership review

    We confirm who the author and first owner are, and put written assignments in place where the work was commissioned or made by others.

  2. Application

    We file the application with a statement of particulars and copies of the work. Artistic works used on goods also need a search certificate from the Trade Marks Registry.

  3. Waiting period

    The Copyright Office allows 30 days for any person to object before the application is taken up for examination.

  4. Examination and hearing

    We answer any discrepancy letter from the Copyright Office and represent you at a hearing if an objection is raised.

  5. Registration and use

    The work is entered in the Register of Copyrights. We then document licences and assignments and act against infringement.

Questions

FAQs

General information only. For advice on your circumstances, please speak to an attorney.

Is registration required for copyright protection?
No. Copyright subsists from the moment an original work is created and fixed. Registration is optional, but the entries in the Register of Copyrights are prima facie evidence of the particulars recorded, which is valuable in a dispute.
Who owns copyright in work created by an employee?
Subject to any agreement to the contrary, the employer is generally the first owner of copyright in work made by an employee in the course of employment. Commissioned work by independent contractors requires a written assignment.
Can software be protected by copyright?
Yes. Computer programmes are protected as literary works under the Copyright Act, 1957, and the source code can be registered with the Copyright Office.

Further reading

From our blog

Articles by the firm's attorneys on copyright.

All articles

Official sources

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