Team Legistify | Legistify

Team Legistify
Answered on 17 Feb 2020

You may do so unless the youtube channel owner files a Copyright claim against your website. It is advised to obtain proper permissions from the content creator before using it on your website.Read More

Posted on 04 Jan 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Where to file an application for registration of copyright for a work? The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at 4th Floor Jeevan Deep Building , New Delhi- 110 001. The applications for registration of works can be filled at the counter provided at the Copyright Office from 2.30 P.M. to 4.30. P.M. from Monday to Friday. The applications are also accepted by post. On-line registration through “E-filing facility “ has been provided from 14th February 2014, which facilitates the applicants to file applications at the time and place chosen by them. Procedure Application for registration is to be made on https://www.legistify.com/consul...] The fee is either in the form of Demand Draft,Indian Postal Order favoring "Registrar Of Copyright Payable At New Delhi" or through E payment Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically. Fee for Registration: Please go to the link www.copyright.gov.in In case the Application is Rejected As per the Principles of Natural Justice' (i.e audi altram paltram) no one can be punished without being heard. As per the rule 27 of the Copyright Rules, 1958 no application is rejected without giving an opportunity to be heard. The applicant himself or his/her pleader may appear in the hearing. As per section 72 of the Copyright Act, 1957 any person aggrieved by the final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Copyright Board. For Consultation visit us at https://www.legistify.com/consul... Read More

Posted on 20 Jul 2017 | 2 Answers

Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 21 Dec 2019

Technically, it is the head of the company and not someone like you who should be liable for copyright infringement. Consult an IPR lawyer near you who can guide you properly.Read More

Posted on 27 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 07 Dec 2019

While both offer intellectual property protection, they protect different types of assets. Copyright is geared toward literary and artistic works, such as books and videos. A Trademark protects items that help define a company brand, such as its logo.Read More

Posted on 10 Nov 2019 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 02 Nov 2019

The suit for infringement of copyright should be filed before the District Court having jurisdiction or before the High Court having original jurisdiction. Consult a Copyright lawyer in India to file your infringement case. ALSO READ: Copyright Infringement Remedies In IndiaRead More

Posted on 20 Oct 2019 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 27 Aug 2019

To be eligible for Software Copyright, the software must be original and, the creator must have used his/her skills and knowledge to create a unique software. A programme that can only create multiplication tables or algorithms is not eligible for Software Copyright in India. Any programme that has a technical effect cannot be copyrighted in India. Another eligibility criterion for obtaining Software Copyright in India is that the software must be filed published in India. If the work is first published anywhere outside India, the author must be an Indian citizen. The Copyright Act, 1957 grants Software Copyright and deals with the registration, infringement and rights under Software Copyright. However, if the software has a technical effect, a Patent can be obtained for the same under the Indian Patent Act, 1970. Rights Given To Author By Software Copyright In India Once the Software Copyright is done for a computer or mobile programme, the author/creator gets the following Intellectual Property Rights: Right to reproduce the work in any form and store it in any electronic form. Right to issue copies to the public. Right to display the software in public. Right to translate the work. Right to create any adaptation of the work. Right to sell or give on hire, or offer for sale or hire a copy of the computer program. However, the rights given under Software Copyright in India are limited in case the copy or adaption of the programme is done by an authorised person to utilise the software for the purpose it was created for, or to make backup copies to protect the software from loss or damage. A person who has written an original programme becomes the author of the software and the owner of Software Copyright. When the software is created by a team of individuals, all the creators become the owners of Software Copyright. Process Of Software Copyright Registration In India Software Copyright Registration in India is done with the Copyright Office. An application for Software Copyright must be filed with 3 copies of the published or unpublished work. The Software Copyright application is filed along with the prescribed fees. A diary number is allotted to the applicant, after which, the application is kept open for 1 month to receive any objections against the Software Copyright. After one month, the Software Copyright registration is granted and a notice of Copyright can be placed on the copies of such software. The Notice of Copyright can be displayed in the form of the © symbol, the year of first publication and the name of the owner of such Software Copyright.Read More

Posted on 19 Aug 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 23 Aug 2019

An author typically enters into a publishing contract in order to assign to the publisher the author's exclusive right to make copies of his or her original work of authorship. When an author is considering this kind of contract, he or she should try to retain as many rights inherent in copyright as possible. Another right author should be concerned with is the editing right. Numerous authors have signed publishing contracts with publishing houses, only to see their works transformed by the publishing house into something they would not have written. The right to control the cover art for a book is a right the author will rarely be able to retain. If you believe that the publisher has violated such agreement, you can file a copyright infringement suit against them with the help of an IPR lawyer in India.Read More

Posted on 12 Aug 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 11 Jul 2019

In India, violation of copyright occurs:- 1.When copyrighted work is sold or hired without authority to do so. 2.When copyrighted work is displayed or performed publicly. 3.When Infringed copies are distributed for trade and personal gains. 4.Public exhibition of infringed copies by way of trade prejudicial to the owner. 5.When Infringed copies are imported into India. READ: Copyright Laws in India For more clarification, you can consult our expert IPR lawyer in India who will help and advice you regarding your issue.Read More

Posted on 09 Jul 2019 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 19 Jun 2019

With respect to your query, the legal opinion is as under:- (1) Please note that a trademark can be registered in country or internationally., Kindly check in the register of the trademark in India or USA or Internationally if the questioned trademark is registered or not. (2) The prior user of a trademark is given preference irrespective of later registration. (3) You can also collect evidence with complete information as to who is the prior user. (4) Based on the result of aforesaid advise, you may proceed with the registration.Read More

Posted on 18 Jun 2019 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 16 Jun 2019

With respect to your query, the legal opinion is as under: (1) Non Disclosure Agreement is a contract through which parties to contract agree not to disclose information covered by the agreement, typically used to protect any type of confidential and proprietary information or trade secrets. The provision of Contract Act applies to NDA. (2) Trade secrets are protected without registration, that is, trade secrets are protected without any procedural formalities, Consequently, a trade secret can be protected for an unlimited period of time. (3) There are, however, some conditions for the information to be considered a trade secret. these conditions vary from country to country, some general standards exist which are referred to in Art. 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement):- (a) The information must be secret (i.e. it is not generally known among, or readily accessible to, circles that normally deal with the kind of information in question). (b) It must have commercial value because it is a secret. (c) It must have been subject to reasonable steps by the rightful holder of the information to keep it secret (e.g., through confidentiality agreements).Read More

Posted on 14 Jun 2019 | 1 Answer