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CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Kavita, a freelance illustrator in Jaipur, creates original cartoon characters for her own comic and does not register the work. Another publisher copies the characters. Which statement is correct under Indian copyright law?

Copyright arises automatically when Kavita creates her original characters, so she can sue for infringement without registration. Registration only provides presumptive evidence of ownership. Copyright protects the expression of the work, not the underlying idea, and needs no notice.

  1. ACopyright exists only after registration, so she has no right
  2. BCopyright arises automatically on creation of an original work, and registration is not a precondition to suing for infringementCorrect
  3. CCopyright arises only after publication with a copyright notice
  4. DCopyright protects only the idea behind the characters, not their expression

Explanation

Copyright subsists automatically in an original artistic work once created. Registration gives evidentiary value but is not a condition for protection or suit. Copyright protects expression, not ideas, so the last option is reversed.

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