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Pradeep S (Finance Professional)     27 November 2013

How to protect my own developed story

Dear Experts,

Your ideas,suggestions and guidance is required on below:

I have an unwritten story developed by me in my mind which i am thinking to pen it. I want to know how can i protect it?

Other details are:

1. The language will be either English or Tamil,

2. The Story is fit for making a film but i have no intention to make film by myself but i am ready to sell it if good offer comes,

3. Presently i dont have intention to publish as a novel or as a story.

Please help me to guide how can i proceed further.

Pradeep S



Learning

 5 Replies

VINOD KUMAR (xxx)     29 November 2013

First you write it.

now the point is how to protect?

it is well established law in india to protect your creation in Copyright  Act, 1957

This is for your information that which work are subsists in copy right the section 13 itself.................

Works in which copyright subsists:- (1) Subject top the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say,------

(a) original literary, dramatic, musical and artistic works;
(b) cinematograph films; and
(c) records.

(2) Copyright shall not subsist in any work specified in subsection (1), other than a work to which the provisions of section 40 or section 41 apply, unless,----------

(i) in the case of a published work, the work is first published in India, or where the work is at the date of such publication, or in a case where the author was deed at that date, was at the time of his death, a citizen of India;
(ii) in the case of an unpublished work other than an architectural work of art, the author is at the date of the making of the work a citizen of India or domiciled in India; and
(iii) in the case of an architectural work of art, the work is located in India.

Explanation.-In the case of a work of joint authorship, the conditions conferring copyright specified in this sub-section shall be satisfied by all the authors of the work.

(3) Copyright shall not subsist-------
(a) in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work;

(b) in any record made in respect of a literary, dramatic or musical work, if in making the record, copyright in such work has been infringed.

(4) The copyright in a cinematorgraph film or a record shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or as the case may be, the record is made.
(5) In the case of an architectural work of art, copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction.

 

first u go through this, and understand it.

Detailed answer of your query will provide u latter.

Please feel free to contact on mail.


(Guest)

Hello Pradeep

The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. As a general rule, there is no copyright in an idea. But once the idea is reduced to a material form, it is a subject of copyright. It is only the expression of an idea which copyright protects. The copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright also does not protect ideas or concepts. To get the protection of copyright a work must be original. What is meant by work, is that any of the following, namely, a literary, dramatic, musical or artistic work, a cinematograph film, or a sound recording. You may refer to the handbook of Copyright law, published by the Government of India. The classes of work for which a copyright subsists is for: Original literary, dramatic, musical and artistic works; Cinematograph films; and Sound recordings. Hence, it is advice to you that you can apply for the copyright of your story, once it is in material form, that is, once you pen is down. It can be in any language; however, it has to be written down before you can apply for its copyright. I hope this helps.

–Regards

Advocate Pooja;

www.lawkonect.com

1 Like

Advocate Ashok Kumar (Counsel)     29 November 2013

Dear Pradeep,

You say that you have an idea for a story in mind, but you have not written it down. Indian law does not provide any protection for an idea, but if you write down your story, then your story becomes the work of an author and can be protected by use of a copyright. Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Copyright is governed by the Copyright Act, 1957. Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright. Therefore I suggest you file for the copyright of your story as soon as you write it. You should contact a lawyer specializing in intellectual property to help you with filing a claim for copyright.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

Hardeep (Business)     08 December 2013

I think what you have in mind is to see if  your Story has a " Buyer" in the shape of a TV Channel etc. who can develop it into a Serial before you invest further efforts into it.

If so, at the moment you can develop an elaborate " Concept Note " around the Idea you have. As long as the same is fleshed with reasonable detail, that can be granted Copyright Protection too. You can google for :

Urmi Juvekar Chiang  vs Global Broadcast News, 2008

for a similar situation.

When you start  "marketing " your Concept Note to any TV Channel, keep track of discussions, E-mails, meetings etc. to help you further. This is not a foolproof method, but then hardly anything in Copyright Law/ Life is :-)

Disclaimer : General Information above is provided without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel .  However, if it helped you in anyway a " thanks" would be appreciated :-)

 

Parity Patent (Law Firm Officer)     14 December 2013

You should consult a copyright lawyer or law firm for exact solution.


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