Copyright Lawyer
The scope of copyright protection extends to expression but not ideas. Copyright protects how an idea is expressed—the specific words of a book, the melody and lyrics of a song, the visual elements of a film. It doesn't protect the underlying ideas themselves. Anyone can write a book about the same subject, compose music in the same style, or make a film about similar themes without infringing copyright. This distinction between idea and expression is fundamental but often misunderstood. Copyright owners sometimes believe their rights extend further than they do. Accused infringers sometimes think similarity in theme means they didn't infringe. Understanding what copyright actually protects versus what it doesn't is critical to both enforcement and defense.
Copyright registration provides evidentiary benefits though it's not required for protection. The Copyright Office registers copyrights in literary, artistic, musical, cinematographic, and sound recording works. Registration creates prima facie evidence of copyright validity and ownership, shifting the burden to anyone challenging the copyright to prove it's invalid. This makes enforcement easier because the copyright owner doesn't need to prove work's originality or ownership if registration exists. Despite these benefits, many creators don't register copyrights. They might not know registration is possible, might think automatic protection is sufficient, or might not want to spend money on registration. This creates problems when enforcement becomes necessary and proof of ownership is contested.
Work-for-hire and commissioned works create ownership questions that often lead to disputes. When employees create works during employment, generally the employer owns copyright under work-for-hire doctrine. When independent contractors or freelancers create works on commission, copyright ownership depends on contractual terms. If the contract doesn't clearly address copyright, disputes arise about whether the commissioner or creator owns rights. Photographers commissioned to take photographs, designers creating logos, software developers writing custom code, and writers creating marketing content all face potential copyright disputes if ownership wasn't clearly established upfront. Copyright lawyers advising clients should ensure contracts explicitly address copyright ownership for all commissioned works.
Copyright infringement occurs when someone exercises exclusive rights without authorization. Copying a book, distributing pirated music or films, performing copyrighted works without license, or creating derivative works based on copyrighted originals all constitute infringement. The internet has made infringement easier and enforcement harder. Infringing content spreads instantly across websites and social media. Copies are digital and perfect. Infringers hide behind anonymity. Copyright holders use takedown notices under safe harbor provisions to remove infringing content from platforms. But new infringing uploads appear constantly. Effective enforcement requires combining legal action against major infringers with technological measures limiting unauthorized access and distribution.
Fair use and fair dealing provide limited exceptions to copyright protection. Using copyrighted works for criticism, review, news reporting, research, or education might constitute fair use not requiring permission. The determination depends on purpose of use, nature of copyrighted work, amount used, and effect on market value. These exceptions reflect the balance between copyright holders' rights and public interest in using copyrighted works for legitimate purposes. But fair use boundaries are unclear and contested. Copyright owners claim uses infringe that users claim are fair use. Courts must balance competing interests case by case. This uncertainty means even legitimate uses face infringement threats, while infringers sometimes hide behind false fair use claims.
Licensing arrangements allow copyright holders to profit from their works without directly exploiting them. Authors license publishing rights to publishers. Musicians license performance and mechanical rights to labels and streaming platforms. Filmmakers license distribution rights to distributors. Software developers license use rights to customers. These licenses specify what rights are granted, for what term, in what territory, and what royalties the licensee pays. Drafting effective licensing agreements requires understanding industry practices and balancing licensor's interests in controlling use and maximizing revenue against licensee's need for sufficient rights to exploit the work commercially. Many licensing arrangements fail because agreements were poorly drafted or parties' expectations didn't align.
Copyright duration is limited but extends well beyond creator's lifetime. In India, copyright generally lasts the creator's life plus sixty years. For cinematographic films, sound recordings, and photographs, copyright lasts sixty years from publication. After copyright expires, works enter the public domain and can be used freely. This limited duration reflects the policy balance—creators get exclusive rights long enough to profit from their work, but eventually the public gets free access. In practice, copyright duration is so long that most works have little commercial value by the time copyright expires. The long duration serves publishers and corporate copyright holders more than individual creators who rarely benefit from protection extending decades after their death.
Moral rights give creators certain inalienable rights even after selling economic rights. The right of attribution requires that creators be credited for their works. The right of integrity prevents distortion or modification that would harm the creator's reputation. These moral rights persist even when copyright ownership transfers. A writer who sells book rights to a publisher retains the right to be identified as author. An artist whose work is sold retains the right to prevent its defacement. Moral rights are particularly important in Indian copyright law, though they're sometimes overlooked in contracts. Respecting creators' moral rights alongside economic rights is necessary for ethical copyright practice.
Copyright duration is limited but extends well beyond creator's lifetime. In India, copyright generally lasts the creator's life plus sixty years. For cinematographic films, sound recordings, and photographs, copyright lasts sixty years from publication. After copyright expires, works enter the public domain and can be used freely. This limited duration reflects the policy balance—creators get exclusive rights long enough to profit from their work, but eventually the public gets free access. In practice, copyright duration is so long that most works have little commercial value by the time copyright expires. The long duration serves publishers and corporate copyright holders more than individual creators who rarely benefit from protection extending decades after their death.
Moral rights give creators certain inalienable rights even after selling economic rights. The right of attribution requires that creators be credited for their works. The right of integrity prevents distortion or modification that would harm the creator's reputation. These moral rights persist even when copyright ownership transfers. A writer who sells book rights to a publisher retains the right to be identified as author. An artist whose work is sold retains the right to prevent its defacement. Moral rights are particularly important in Indian copyright law, though they're sometimes overlooked in contracts. Respecting creators' moral rights alongside economic rights is necessary for ethical copyright practice.
