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Advertisement and Copyright Protection in India

Online Legal India LogoBy Online Legal India Published On 23 Dec 2020 Updated On 15 Jan 2022 Category Copyright

The entire sales operation works in Advertisement. Its role is to bring together a seller and buyer. It is important to remember that potential customers are careful with their money.

Well having said that any effective customer communication is an essential part of any business. If properly used, advertising can contribute to development and growth in any business. Badly used, it can lead to a costly mistake.

Are Advertisements Copyrightable?

To protect any creation under the Act advertisements like all other creative work must satisfy the following four conditions:

1) Original-it must not be copied from another.

2) The work must not have been commonplace that is, in the public domain.

3) The work must be a form of expression and not a mere idea-there is no copyright in ideas.

4) The work must involve labour, skill and capital.

According to section 13 of the Copyright Act, 1957 copyright subsists in certain classes of work. They are:

a) Original literary, dramatic, musical and artistic works;

b) Cinematographic films and

c) Sound recording.

Although any advertisement has various components involving literary, artistic, dramatic, musical skills each of which may be protected under the classes of work mentioned in section 13 of the Copyright Act, 1957. The protection was given upon satisfaction of the four above-mentioned conditions.

 

 

Copyright Registration Process for Advertisements

  1. Discuss a copyright expert: about the category of Copyright registration.
  2. Filling the Application
  3. Examination of application: it is scrutinized by an examiner of authority.
  4. In case of an objection: filed the authorities send out letters to the concerned parties.
  5. Registration: Once everything is cleared from the side of registrar's end the applicant received and owner of that copyright can legally exercise all rights of copyright.
  6. Required information for the registration of copyright
  • Personal Information: - Name, address, and nationality of the applicant. Nature of the applicant whether he is owner and representative of that particular application.
  • Nature of Work: - Class & description, the title of the work. The language of the work should be mention in the application.
  • Date of Publication: - If the possible date of publication in interval magazines should be mention.

How can we help you?

You can protect your Database safely with Online Legal India™. So, nobody can duplicate your Database. Copyright Registration protects in a unique of vesting exclusive rights to the author/ creator. We would assist you to document all the legal frameworks and would be at your service 24*7.


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