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In simple terms, copyright safeguards the rights of the creator for their original work, granting them exclusive control. This includes the ability to reproduce, distribute, and perform the work. It applies to various creations like music, art, literature, photography, movies, and websites. Once copyrighted, your work is shielded, preventing unauthorised use. Violators are accountable under copyright law. Copyright secures exclusive rights, irrespective of age, allowing anyone to protect their original creations through application.
In common parlance, a website is a collection of various web pages under a single domain name. Many organisations use websites as a tool to deliver their information to the common public. Moreover, the website comes in nearly various forms with a lot of creative content, and it is that content that can be copyrighted, not the entire website.
A lot of effort is put into creating a website – right from designing the website content to marketing the website. Moreover, it involves an abundance of time, money and hard work to create a website. What we think is what we create. Ideas that generate will convert into a tangible website form and that makes it copyrightable.
In India, once any website is published, it automatically becomes copyrighted material. At the bottom of the webpage, we will find the disclaimer regarding the copyright. (Photo to be inserted).
It is truly believed that creativity should be acknowledged and that’s what copyright does, it gives credit to the website owners for using their intellectuals into creating an extraordinary piece of work because website designing is no joke.
Benefits of copyright in India – When our website is automatically copyrighted, what is needed to protect it, is the running question in the mind of the website owners. Even though automatic protection is available to the website, there are ample benefits available to the registered copyrighted website:
The next question is who is the rightful owner of the website? Is it the person who designs the website or the one for whom the website has been designed?
The answer is quite simple: if the employee of the business designs the content of the website, the copyright of the website will belong to the owner of the business. But, if the business hires an independent agency to design the website for them, then the agency will be the owner of the website and a separate agreement has to be entered into between the parties for the transfer of ownership.
Similarly, there are likes and comments which are given in the blogs, articles and photos on the website which are termed third party content. The users will have ownership over the content they write on the website. However, the website owners claim ownership by making the users agree to transfer ownership of the content by signing the agreement.
Website creation involves a lot of creativity and effort. Websites involve a lot of elements that are structured and put together to get a complete and comprehensive website. They are:
This implies that the web content should come out to the owner of the website and should involve a minimum amount of creativity. It should be in a form that can be perceived or reproduced or communicated which includes computers and digital media.
Domain names will be exclusive and no one should copy. It is different for different websites and hence copyright protection is not given to domain names.
Website templates are pre-designed templates that are used by website owners to design their websites. Certain changes are incorporated in the templates like colour schemes, images, and written content.
However in such cases, the source code remains the same, so copyright infringement claims cannot be made easily. While using website templates, there will be thousands of websites that will have the same source code, web designers at times will opt for custom source code. It is legal authority to recreate the website with your creativity with unique designs but duplication of images, source code or text from the website has no allowance. Therefore, it is always advisable to avoid using website templates and beware of piracy issues concerning website templates
Many website templates are pirated forms of premium templates that are available for free usage. These templates have certain malware, adware, and spyware issues that might crash the website at some point in time. Having such websites might cause loss to the business and make the business more prone to other infringement complications.
Unlock the power of protection for your creative works! Elevate your peace of mind with our seamless Copyright Registration service. Safeguard your creations effortlessly.
A blog/ content is a kind of website but a miniature version of a website. As a blogger, my entire heart and soul is put on creating good and creative content for the viewers. Not only has this creation of blog articles, videos and graphics taken a lot of effort and time but also a lot of intellectuals are put into it.
Once blog content is complete, the bloggers will automatically get the rights over that content. There is instant protection to the content the moment it is on a blog page. There is no such requirement for registration of copyright but it does not, however, act as proof of ownership in case of infringement. Therefore, it is always suggested to get blogs registered in a formal way.
Therefore, blogs can be copyrighted and bloggers can get protection for their work. However, there are a few things every blogger should consider before copyright:
Copyright registration for websites and blogs can be done both ways- offline and online.
An entire checklist of documents required for copyright webiste are available for reference at https://copyright.gov.in/frmCheckList.aspx
It is a well-known fact that if someone does any unauthorized use of content belonging to someone else then it will amount to infringement and both civil and criminal remedies are available to the owner of the website.
But there are fair use exceptions that will consider while deciding infringement claims:
Section 2(o) includes computer software in the definition of literary work and is copyrightable. Additionally, all the rights which are available to the owner of literary work are mutants available to the author of computer software. Moreover, software programs that do not have technical aspects that involve can have protection under copyright but if the software programs have technical effects in them, then the author will have to seek protection under patent law.
For protection under copyright, computer or software programs needs to be
To protect the trade secrets, it is always advisable to disclose only the small extract of software and not the entire one as once the application for copyright files, it will call for public inspection.
Software piracy means illegal or unauthorised copy and distribution of copyrighted software. Further, this can be in the process of downloading, sharing, selling or installing samples of the software work and copying them into multiple computers.
In case anyone uses the software which does not fall under the category of fair use of the work for educational purposes or without giving due credits to the owner, then it will amount to software infringement or piracy and is punishable under the law.
Piracy of software can cause immense loss to the business financially and can also affect the reputation or goodwill of the business in the market. The pirated software certainly has some defects that can affect the normal running of the software and having this pirated software will affect the reputation of the company having the original software.
There are chances that the common public might fall into the trap and have confused between the pirate version and the original version. Since pirate versions are available for a lesser amount than the original version, people will tend to fall for pirated one’s causing huge losses to the owners of the original version.
Thus, as enlightened citizens of the country, we must stay away from these pirated versions and always use the original one’s and acknowledge the efforts of the individuals.
The cost to copyright a website in India varies. Generally, it involves a nominal application fee. For precise details, consult the Indian Copyright Office or legal experts for accurate cost estimations based on the specifics of your website.
To obtain copyright permission for your website, you need to contact the content's creator or copyright holder directly. Request their authorisation in writing, outlining the intended use, and negotiate terms if required. Always secure explicit permission before using copyrighted material.
Incorporating a copyright notice on your website is simple. Display the © symbol, the year of publication, and the copyright owner's name. Place it visibly in the footer or relevant sections. This disclaimer helps assert your ownership of the site's original content.
Registering a copyright in India involves submitting an application, including the requisite form and fee, to the Copyright Office. Include details about the work and evidence of ownership. Upon approval, you'll receive a copyright certificate affirming your rights.
Adding a copyright notice involves including the symbol ©, the year of publication, and the copyright owner's name at the bottom of your website. It signals ownership of original content. Consider consulting legal advice to ensure proper implementation and protection.
Typically, website names or domain names aren't eligible for copyright protection. However, they might qualify for trademark protection if they meet specific criteria, such as uniqueness and distinctiveness in the relevant market. Consult trademark experts to explore appropriate legal safeguards for your website's name.