Advocate Ishani Chandra

Questions Answered by Advocate Ishani Chandra

Q: Copyright infringement remedies

Without my permission 1 people use my logo please guide me

Advocate Ishani Chandra answered
If someone is using your logo without your permission then that is a violation of your trademark rights and you are entitled to take action against them. Such use may also amount to copyright infringement as well. You may send them a legal notice or directly file a suit against them based on the facts and circumstances.

Q: Procedure and requirements for copyright registration of website

I want to know how the copyright is acquired for website.?what are the things that can be copyrighted in a website and how to do that?

Advocate Ishani Chandra answered
A general website contains the following heads of copyrightable work like the content for it will be literary works, the photographs posted on your website would be artistic works, sound clips and videos are also forms of artistic works which can all be copyrighted. In India, we do not have any specific or comprehensive provision which provides for the blanket copyright over a website. In order to copyright a website which contains several works such as literary works, artistic works (photographs etc.), sound recordings, video clips, cinematograph films and broadcastings and computer software, a separate application has to be filed for registration of all these work. A. Literary work: Application for the protection of the Source Code of your entire website: The principal Source Code of your entire website will be filed as a literary work along with NOC (No objection certificate) from the author/creator of the aforesaid source code. B. Artistic Work: Application for the Arrangement of features of your website including the colour combination, get up, layout etc. to protect the Graphic User Interface (GUI) of your website. You would require a NOC from the designer of your website. Further, separate application for the various photographs that may be provided on the website. There might be a number of images and these can be filed together in one single Copyright Application along with NOC from the photographers. C. Cinematograph Film: The video clips on your website are filed as a Cinematograph Film along with NOC from the composer of the music of the video and production house/agency. We would recommend that you discuss the aforesaid with your IP Attorney and ascertain the works in your website which are copyrightable thereby determining the number of copyright applications that would be required to be filed along with a format for NOC.

Q: How to Patent Lyrics/Song

I have written a song and would like to ask before posting it on Youtube should i Patent the Lyrics or should i get a copyright of the song. I mean what all is required in order to make sure that nobody copies it.

Advocate Ishani Chandra answered
A song is composed of two parts the lyrics and the musical work which can both be separately copyrighted. Additionally the sound recording which is created by fusing the lyrics and the musical work and recorded on a medium is the subject matter of a third copyright. A song is not the subject matter of patent.

Q: Need Information About Trademark

Hello, I am Owner of Coupon Website. I Posted One Post on our website About Flipkart's Sale which is Big Billion Day Sale on Flipkart. Here, Big Billion Day Refers to Name of Sale. Now, Flipkart Teams Contact with me and they want me to Remove Keyword " Big Billion Day" from our website. Big billion day is a trademark owned by Flipkart. So, Can i write Review about Any trade mark is It Legal ? How can and I which case it is legal to write or post about others trade mark ? Please Note - I am Not using this trade mark for personal use, We are using it only to represents its owner.

Advocate Ishani Chandra answered
Dear Sir, Please note that the trademark law in India allows a third party to use another person's trademark only under the Nominative Fair Use doctrine. For the use of a trademark to be considered as a "Nominative Fair Use" the following criteria must be met: (i) the product or service in question must be one not readily identifiable without use of the trademark; (ii) only so much of the mark or marks may be used as is reasonably necessary to identify the product or service; and (iii) the user must do nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark holder. Whether the use by you on your website is Nominative Fair Use can be determined only after analysing the coupon and the manner in which the trademark has been used on your website. Therefore, we would recommend you to get in touch with an IP expert who may assist you with the same and advice accordingly. Thanks & Regards Ishani Chandra

Q: Is self plagiarism an offence under Indian law

Please see and explain whether 'self plagiarism' is an offence under indian law ? If it is which IPC section deals with it Or which indian law deals with it And whether reproduction of self publication in a similar form in other publication published by the same publisher amounts to self plagiarism or plagiarism

Advocate Ishani Chandra answered
Self Plagiarism is not an offence or a wrong under the Copyright Act in India as the author as owner of copyright has all rights to reproduction of the work or to make adaptations of such work will also lie with the author being the owner of copyright. However, it may be an issue if the author has assigned the copyright in the work to another party (such as publisher) or licensed the work and is contractually bound not to use the work himself or for any third party.