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BananaIP Counsels > Posts tagged "Authors"

Reading Between The Lines- Book Publishing Contracts: Copyrights and Writers Part 9

Reading Between The Lines- Book Publishing Contracts_ Copyrights and Writers Part 9

Getting a publishing contract is an important milestone for a writer. For some writers, that is a remarkable achievement. This is despite the fact that the value added by publishers in publishing a book has been diminishing over the years. In reality, a publisher is merely a middle man between the author and the reader, and though many publishers claim to contribute to the quality of the book, their role is mostly limited to copy editing, printing, and distributing it. The success of a published book is largely dependent on the author and his efforts, and when seen from this...

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If I Could Copyright… My Art: Copyrights and Writers (Part 6)

If I Could Copyright… My Book: Copyrights and Writers (Part 5)

This post deals with filing of copyright registration application for protection of Artistic works forming part of a book. As stated in our previous post, text of a book is protected under Literary works, but some part of the book like images, diagrams, cover image, etc., may be protected under Artistic works. In order to ensure better copyright protection in a book it is recommended that a writer should first file for copyright registration for artistic works used in promotion of the book and cover image of the book. As elaborated in the previous post written by my colleague, Ashwini Arun,...

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If I Could Copyright… My Book: Copyrights and Writers (Part 5)

If I Could Copyright… My Book: Copyrights and Writers (Part 5)

As stated in our earlier posts, copyright registration is not mandatory, as copyright comes into existence the moment a work is expressed in a tangible form. However, writers are generally advised to get copyright registration for the work to make sure that the ownership of the work is duly established and to avoid disputes related to ownership. As copyright registration certificate acts as a proof of ownership right, it is advised that the copyright registration application is filed in the real name of the person/entity having the right in the work. The application process for registering a copyright is simple, and...

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Why Don’t You Copyright Me? Copyrights and Writers (Part 4)

If I Could Copyright… My Book: Copyrights and Writers (Part 5)

As seen in the previous posts, a copyright protects original and creative expression in a tangible form. While copyright exists in a work irrespective of registration, writers are advised to register their works. This post looks at the various categories under which a writer’s work can be protected and why it should be registered. Protecting a Writer’s Work According to Copyright law, the following types of works form the subject matter for copyright protection: Literary Work; Musical Work; Artistic Work; Dramatic Work; Cinematograph Work; and Sound Recording. Books are mainly protected under copyright law as literary works. Literary works include poems, song lyrics,...

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Independent Touch of Creativity: Copyrights and Writers (Part 3)

If I Could Copyright… My Book: Copyrights and Writers (Part 5)

Writings expressed on tangible forms are copyrightable only if they are original and creative. The thresholds are low, but they still have to be satisfied. Originality Originality checks whether a writing has been independently created. The question is not about similarity of works, it is about independence of expression. As long as a writer has independently written her work, it will not matter if the work is similar or identical to another work. Example: If X writes a poem, and it is identical to a poem written by Y, X's poem will be considered original if she has written the poem independently, and...

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