Legal Question in Entertainment Law in India

1.For a script/screenplay to be registered (as in protected by copyright or other laws of the Kind) in India, what are the pros&cons; of different legal ways available in India?

2.What are the fees & detailed procedure of registering it through association of writers?

3. What are the fees& detailed pricedure of registering through copyright office?

4. Which one would be a better protection out of the two(if any one) and why?

5. Will this protect all over the world? Or there is a different association from which it has to be registered?


Asked on 10/14/15, 6:47 am

1 Answer from Attorneys

Vivek Mapara Vivek N. Mapara

1) Copyright subsists as soon as the work is created and given a material form. Registration of Copyright is not compulsory or mandatory for the purpose of enforcement of copyright. Registration of Copyright is Optional. The registration of Copyright only raises an presumption that the person shown in the register of copyright is the actual author. This presumption is not conclusive, and it can be rebutted by evidence, but where contrary evidence is not forthcoming or it is not sufficient, then entries in Copyright Register is Conclusive to establish the fact that person shown in the Register, is only the rightful owner.

2) There is Film Makers Association I believe in Mumbai, which is Copyright Society of screenplay and scrips. You can contact the society directly.

3) You have to register your copyright, under the Category of Original literary, dramatic Work, with the Registrar of Copyright, New Delhi. If you are not aware about the procedure, or law, then hire and attorney to register your copyright. The total cost of Copyright filing is Rs. 500 + Attorney Fees.

4) Register the Copyright with the office of Registrar.

5) There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country. Many countries offer protection to foreign works under certain conditions, however this differs from Country to Country.

I hope the aforesaid clarifies your query. Should you have any further question, you can contact me on my email or on my website.

Regards

Vivek N Mapara

vnmlaws.com

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Answered on 10/14/15, 8:47 am


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