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Copyright Disclaimer in India

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Copyright Disclaimer in India

The Internet is flooded with artistic ideas and designs. Every day, a new Copyright application is filed. This increases the chances of someone else using your Copyright. This is where the Copyright Disclaimer helps the author to make it clear that the artwork is already registered, and it cannot be used without the author's permission. Copyright Disclaimer is also given by any person using the artistic work who is not the owner of the Copyright. The Copyright disclaimer acts as a safeguard for authors and any person using the Copyright. Understand all about Copyright disclaimer with Patron Accounting and protect your artwork. 

What is a Copyright Disclaimer in India?

Copyright Disclaimer in India is a statement given by the owner of the Copyright stating he owns the ownership of the Copyright and no person can use the Copyright without the permission of the owner. Copyright Disclaimer makes it clear that the unauthorised use of the Copyright will cause infringement and legal action. Copyright Disclaimer is also given by the person who is using the Copyright with the permission of the author, stating that the Copyright ownership vests with the owner, and the person is only making the authorized use of the Copyright subject to consent obtained from the owner. 

Trusted Process 100% Compliance

What is Fair Use of Copyright?

Fair use of Copyright means any person can use the copyright without obtaining permission from the owner, only for specified purposes as provided under the Act. Section 51 of the Copyright Act, 1957, provided certain acts of use which do not amount to infringement of the Copyright. The grounds of use which are considered as fair use under the Copyright Act, 1957, are:

  • Education 
  • Academic Research or Study
  • Review or Criticism 
  • Reporting of Event or News
  • Use in Judicial Proceedings
  • Incidental or Accidental Use
  • Use in Libraries or Archives, but not for commercial use. 

Our Process

Process of Adding Copyright Disclaimer in India

The disclaimer for a copyright can be added through these simple steps:

STEP 1

Place Disclaimer

If the owner has a website for the artwork, ensure that it is linked to the website. If the owner has any art galleries or shops, ensure that a disclaimer is displayed outside the premises. The disclaimer should be placed in a way that it is visible to everyone.

Place Disclaimer 1
STEP 2

Update Year Regularly:

Update the year in the Copyright Disclaimer every year to enjoy the protection of Copyright. You can also disable the copying option on the website or add a watermark on the Disclaimer.

Update Year Regularly: 2

Features of Copyright Disclaimer in India

The Copyright Disclaimer in India has the following features:

  • It clearly shows the ownership of Copyright, including the name and year of publication.
  • It prohibits the unauthorised use of Copyright.
  • It acts as a plagiarism protector.
  • It limits the liability of the person using the Copyright with the owner’s consent.
  • It serves as a notice of legal action in case of unauthorised use.

Copyright Disclaimer with Patron Accounting

Patron Accounting can be your trusted partner in securing your copyright rights through Copyright Disclaimer and can assist you in:

  • Preparing a Copyright Disclaimer.
  • Adding all the necessary details in the Disclaimer.
  • Ensuring it is placed in the right place.
  • Helping you choose the best type of Disclaimer.

Benefits of Copyright Disclaimer in India

The benefits of Copyright Disclaimer in India are:
Reduces Chances of Infringement:

Reduces Chances of Infringement:

The Copyright Disclaimer contains a statement that the content is protected under the Copyright Act, 1957, which provides an impression that using the copyrighted artwork may trigger legal action. This prevents the chances of intentional and unintentional infringement of the artwork.
Clarifies Permissible Use:

Clarifies Permissible Use:

The Copyright Disclaimer will provide clear ideas to the viewer about the permissible use of the artwork. It contains information on whether the artwork is used for educational, personal, or informational purposes. It also clarifies whether the commercial use of the Copyright is prohibited or not.
Reduces Liability:

Reduces Liability:

The person who is not the owner and is using the Copyright can provide in the Copyright Disclaimer that the use of the Copyright does not intend any infringement. This reduces the chances of legal notices and shows compliance with the provisions of law.
Declaration of Ownership:

Declaration of Ownership:

The Copyright Disclaimer contains the details of the owner of the copyright, which prevents confusion about the ownership of the artwork. This also strengthens the claim of ownership in case of infringement of Copyright.
Acts as Evidence

Acts as Evidence

The Copyright Disclaimer acts as evidence in case of legal disputes to show that the owner has clarified that no one is permitted to use the Copyright without his permission. It makes the owner's claim stronger and clearer.

Conclusion

Copyright Disclaimer plays an important role in protecting artistic work and also serves as a notice of ownership to the general public. It prevents the unauthorised use of the Copyright. A Copyright Disclaimer should be well-drafted and should contain the details of the owner, along with the warning for unauthorised use of Copyright. 

Patron Accounting simplifies the process of preparing and placing Copyright Disclaimer and ensures that your Copyright Disclaimer contains all the relevant information. Secure your creation today by contacting Patron Accounting!

Frequently Asked Questions

Have a look at the answers to the most asked questions.

FAQ Illustration

You should write the owner’s name and year of creation along with the copyright symbol in the Disclaimer. You can also include a warning of legal action in case of unauthorised use.

You can write for copyright permission by writing a formal letter to the owner, including the intended purpose of use of the copyright and the royalty amount.

A copyrighted music disclaimer can be provided to show that the person is only using the music and all the rights vest with the owner.

Copyright credit can be given to the original owner of the artwork. It contains the name of the owner, the artwork source, and the title of the artwork.
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