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Copyright Registration Procedure

Copyright Registration Procedure

Copyright Registration Procedure

Copyright protection is provided to all literary, dramatic, musical and artistic works automatically on the creation and it does not require any formality. However, applying for copyright registration and obtaining certificate of registration serves as prima facie evidence in a court of law, in case of copyright infringement or dispute relating to copyright ownership. Hence, it is recommended that copyright registration be obtained and in this article, we look at the process for copyright registration in India.

Process for Copyright Registration

Copyright registration can be obtained for both published and unpublished works. Copyright registration can be obtained by applying to the Copyright Office for registration of work under copyright laws in the prescribed form along with the necessary fee. Application for copyright registration must be made on “Form IV” along with the “Statement of Particulars and Statement of Further Particulars”. Along with the application, three copies of published work should be sent. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. In case two copies of the manuscript are sent, one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential.

Copyright application can be signed and submitted by the applicant or an Advocate in whose favour a vakalatnama or Power of Attorney has been executed by the Applicant. In case of application by an Advocate, the Power of Attorney signed by the applicant and accepted by the advocate should be enclosed with the application.

In case of registration of multiple works, separate applications should be made for registration of each work along with the requisite fee.

Copyright Protection Validity

Generally, copyright protection is valid for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the 60-year period is counted from the date of publication.

To easily obtain copyright registration in India, visit IndiaFilings.com