Copyrights
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
Copyright exists from the moment the work is created. The purpose of copyright is to protect the rights of the owners of original work and provide economic benefits to them for their creativity and diligence.
In general, copyright registration is voluntary. But the copyright registration is recommended for a number of reasons.
Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration.
Registered works may be eligible for statutory damages and attorney's fees in successful litigation.
Finally, if registration occurs within five years of publication, it is considered prima facie evidence in a court of law.
At AWALNUT IPR, we guide you on every stage for protecting and registering the copyright in question, as well as the subsequent measures necessary to execute it.
The Copyright Act provides for both civil and criminal remedies for infringement. The Civil suits are instituted at the appropriate district court having jurisdiction including where the plaintiff resides whereas criminal penalties offences are tried at the court of the Metropolitan Magistrate or Judicial Magistrate of the First class.
Remedies for Infringement of Copyright
- Civil remedy: where copyright in any work has been infringed upon, the owner of the copyright is entitled to all such remedies by way of injunction, damages, & accounts.
- Criminal remedy: The copyright holder can take criminal proceedings against the
infringer.
A copyright attorney at AWALNUT IPR advise our clients on their legal choices and assist them in determining if, when, how, and what legal action to take against infringers, as well as how to resolve any such issue via litigation or other means. Ascertain that any such choice aligns with their business’s broader strategy and goals.
AWALNUT IPR attorney protects its clients through both the defence and prosecution of copyright infringement claims. Our firm can help advise clients on how to avoid potential infringement or we can help after the fact in negotiating licensing agreements and settlements to avoid the need for litigation where possible, although we are prepared to take a case to trial if other remedies are inadequate. In addition to defending and prosecuting infringement cases in federal court, we work to effectively eliminate infringement problems through issuing cease and desist letters, negotiation, mediation, and arbitration.