Copyright is the right of ownership entitled to literature, drama, music, artworks, sound recordings, etc. Copyright registration grants a bundle of rights that comprise rights to reproduction, communication to the public, adaptation, and translation of the work. Registering a Copyright ensures certain minimum safeguards of the rights of ownership and enjoyment of the authors over their creations, which protects and rewards creativity.
It is necessary to register for copyright because it makes you communicate to the public, reproduce the rights, adapt and translate the works.
Lately, there has been a substantial increase in the amount of intellectual property being registered in India as the awareness about intellectual property laws has increased. Copyright registration happens to be one of the critical types of intellectual types of property protection.
Copyright registration is done as per the regulations of the Copyright Act,1957. The author's creative work cannot be copied as no person is allowed to use the same without the permission of the author or the creator. The author can charge others for using or changing his work. The copyright protection typically lasts for 60 years.
To obtain copy registration, the following documents should be submitted:
Copyright registration can be obtained for any works related to literature, drama, music, artwork, film, or sound recording. Copyrights are given to mainly three classes of work, and each class has its distinctive right under the copyright act.
The Copyright registration application can be made on Form IV in a requisite manner and the applicable fees. Irrespective of it is published or unpublished work, it can be copyrighted. For published work, three copies of the published work need to be presented along with the application.
While for unpublished work, a copy of the manuscript needs to be sent along with the application for affixing the stamp of the copyright office is proof of the work having been registered.
Here is the step by step process for getting copyright registration in India:
The application for copyright registration has to be filed in the concerned forms that mention the particular's work.
Depending on the type of the work, a separate copyright application may have to be filed.
The applicant needs to sign the forms, and the Advocate must submit the application under the name the POA has been executed.
Meanwhile, our experts will prepare the copyright registration application and submit the necessary forms with the Registrar of copyrights.
The Diary number will be issued once the application is submitted online.
Within the waiting period of 30 days, the copyright examiner reviews the application for potential objection or any other discrepancies.
If there is an objection, a notice will be issued, and the same has to be compiled within 30 days from the date of issuance of the notice. The examiner may call both parties for a hearing.
After the discrepancy has been removed or no objection, the copyright is registered, and the Copyright Office will issue the registration certificate.
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all inclusive fees
Copyright registration for logos, books, periodicals and magazines.
all inclusive fees
Copyright registration for videos, audio recording and cinematography films.
all inclusive fees
Copyright registration for logos, books, periodicals, magazines,videos, audio recording, cinematography films with trademark registration.
Usually, copyright protection is valid for 60 years. In the case of original literary, dramatic, musical, and artistic works, the 60 years is counted following from the year of the author's death.
While in the case of the cinematographic films, sounds recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government, and work of international organizations, the 60 years is counted from the publication date.
Copyright infringement of any work is a criminal offense and is punishable under Section 63 of the Copyright Act. There can be imprisonment for six months with a minimum fine of Rs. 50,000.
Also, in case copyright that has happened already or is likely to happen, then any police officer who is not below the rank of sub-inspector, may if he is satisfied, seize without a warrant, all copies of the work and the plates that are used for the making infringing copies of work.
Copyright registration grants exclusive rights to the copyright owner. An individual cannot make copies or reproduce work without the permission of the copyright owner.
The Act allows the creator to use his piece of work the way he wants to use it. He can create any derivatives of his original work. He can also use a different format based on his existing creation.
The owner can broadcast their original work to the public. The copyright owner can use visual signs or even images.
The owners of artistic and musical work can perform their works in public. A musician can play his piece of music for the people. An artist can perform in public or any platform the artist wishes to.
The creators of original work are bestowed with rights of integrity and morality. The right of attribution or paternity implies that the creator can claim the sole authorship over his piece of work.
The right of integrity allows the owner to claim damages from the individuals. If anyone tries to mutilate, modify or distort the original piece of work, the copyright holder can claim the individual's damages.
The Copyright Act allows the owner to distribute his work in whatever form he likes. If he wishes, he can also transfer certain rights to another person to use the copyright.
The Creators enjoy legal protection when their work is reproduced without authorization. Registering a Copyright makes it much easier to protect the original work against infringement.
Copyright registration creates a public record of the work, and proof of ownership is established for the creative work.
The owner of registered copyright gets the rights to reproduce, disseminate and adapt and translate the work.
The law under certain conditions allows the use of a registered work without the owner's permission for research, study, criticism, review, and news reporting, as well as the use of works in libraries and schools and the legislatures. To protect users' interests, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work,
A copyright registration does not protect the titles or names, short words, slogans, or any phrases. Only original literary work can get copyright registration.
Trademark registration protects the brand name, logo the slogan whereas copyright protection is provided to literary works, music, videos, slogans, and artistic contents.
Once obtained copyright registration has a validity of 60 years. In case it is literary, drama, music work the 60-year validity is considered from the death of the author. But in the case of the films, sound recording, photographs the 60 year validity period is considered from the date of publication.
According to the Berne Convention, copyright obtained in India will get the status of foreign workers and the copyright protection is extended to the countries which are signatories to the Berne Convention.
With the consent from the owner of the work, the copyright registration can be sold, transferred, gifted as well as franchised.
The holder can translate, reproduce, adapt, create the work, and also to the right to be credited for his contribution, a right for who can adapt the work to other forms.
A copyright registration can be obtained in around 6-8 months considering factors like objection etc.
Both Published as well as unpublished work can be registered, in case work is already published the details of the publishing are to be furnished with the application.
Yes in case of any discrepancy or incomplete documents a copyright registration may get rejected.
Any person or a business entity can obtain copyright registration. An individual can be an author, creator, musician, photographer, producer, painter, composer, or company.
A copyright holder has to send a statutory notice to the person who has infringed the work.
Last updated: July 03, 2021