Copyright Registration in India

The register of the copyright which contains names, address and other documents belonging to the copyright owners is in the custody of the registrar.

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Overview, Checklist & Deliverables

What is copyright registration in India?

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.

What are the eligibility requirements to obtain copyright registration in India?

  • 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.

  • Original literary, dramatic, musical, and artistic works comprise the copyright for books, music, painting, sculpture, etc.

  • Cinematography films are another class of copyright that consists of any work of visual recording on any medium.

  • Sound recordings have a distinctive class under the copyright act that consists of a recording of sounds, regardless of the medium on which such recording is made or the method by which the sound is produced.

Requirement to register for copyright certificate

Copyright Owner

  • Name, address, and nationality of the candidate- Id Proof
  • NOC from the publisher if the publisher and the applicant are two different individuals
  • Search Certificate from Trademark office if any
  • NOC from a person whose photograph appears on the work
  • Power of attorney
  • 2 Copies of the work (Book / Source code in CD (if Website copyright))
  • KYC of author

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Deliverables after your certificate registration is done

Certificate

  • Copyright Certificate

Copyright Registration Process in India

The Copyright registration application can be made on Form IV in a requisite manner and the applicable fees. Irrespective of whether 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 as proof of the work having been registered.
Here is the step by step process for getting copyright registration in India:

Step 01

  • The application for copyright registration has to be filed in the concerned forms that mention the particular work.
  • Depending on the type of the work, a separate copyright application may have to be filed.

Step 02

  • 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.

Step 03

  • The Diary number will be issued once the application is submitted online.

Step 04

  • Within the waiting period of 30 days, the copyright examiner reviews the application for potential objection or any other discrepancies.

Step 05

  • 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.

Step 06

  • After the discrepancy has been removed or no objection, the copyright is registered, and the Copyright Office will issue the registration certificate.

Rights of the Copyright owner

Right of reproduction

  • Copyright registration grants exclusive rights to the copyright owner. An individual cannot make copies or reproduce work without the permission of the copyright owner.

Right of Adaptation

  • 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.

Right of Communication To The Public

  • The owner can broadcast their original work to the public. The copyright owner can use visual signs or even images.

Right of Public Performance

  • 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.

Right of Paternity And Integrity

  • 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.

Right of Distribution

  • 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.

Benefits of getting a CopyRight Registration

Here are the benefits of filing a patent registration in India:

  • Provides Legal Protection -  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.
  • Market Presence -  Copyright registration creates a public record of the work, and proof of ownership is established for the creative work.
  • Rights Of The Owner -  The owner of the registered copyright gets the rights to reproduce, disseminate and adapt and translate the work.

The remedy in case of Copyright Infringement

Copyright infringement of any work is a criminal offence 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.

Frequently Asked Questions

How long do I have to wait to get my work to get registered by the Copyright office?

After you file your application and receive your diary number you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim. In case any objection is filed, the Registrar of Copyrights after giving an opportunity of hearing to both the parties, may decide to register the work or otherwise.
If no objection is filed the application is examined by the examiners. If any discrepancy is found the applicant is given ordinarily 45 days time to remove the same. Therefore, it may take around 2 to 3 months time for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key for speedy disposal of the matter.

What is copyright society?

A copyright society is a registered collective administration society under Section 33 of the Copyright Act, 1957. Such a society is formed by authors and other owners. A copyright society can issue or grant licenses in respect of any work for which it is authorized to by the authors or owners of the work.

How do I register a copyright society?

Any association of persons whether incorporated or not, consisting of seven or more authors or owners of copyright (hereinafter referred to as ‘Applicant’) formed for the purpose of carrying of business of issuing or granting licenses in respect of any class of works for which it is registered may file an application with the Registrar of Copyrights on Form VIII.
Every application shall be accompanied with:
i. A true copy of the application by which the Applicant is established or incorporated.
ii. Consent of all the members included in the application to act as members of the Governing Body of the Application.
iii. A declaration containing the objectives of the Applicant, the bodies through which it will function and arrangements for accounting and auditing.
iv. An undertaking to the effect that the instrument is established or incorporated provides for conforming the same to the provisions of the Act and these Rules.

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