COPYRIGHT REGISTRATION IN INDIA

COPYRIGHT REGISTRATION IN INDIA

Copyright registration safeguards or provides a protection shield to the authors original work.

Copyright is an intellectual property so it is protected from infringement. All the provisions related to copyright is governed by the Copyright Act, 1957. Any person who has created an original work in the field of book writing, script writing, in the artistic field etc are required to protect their work from being copied.
 

An author is required to take a registration under copyright act, 1957 known as copyright registration in order to protect their work from being stolen or copied or infringed by any other person. Copyright registration protects the legal right of the creator or owner of the original work from being infringed.
 

It provides a legal protection by which no other person can use the work of the original creator without his permission. Copyright can be transferred. The copyright registration is generally valid for 60 years.
 

Scope of copyright registration

Copyright registration covers the following:

  • Artistic work 
  • Cinematographic work 
  • Music work 
  • Literary work 
  • Dramatic work 
  • Sound recording work 
  • Software
     

Also Read: Design Registration in India
 

Benefits of copyright registration 

Copyright registration provides several benefits such as:

  • Legal protection: The registration provides the owners or the creators a legal protection for their work in the court of law over the ownership right. The copyright registration can be served as an evidence.
     
  • Restriction of unauthorised use: After the copyright registration, no one can use the work of the original user without his or her permission. Thus it provides a restriction on the unauthorised use of the creator’s work.
     
  • Asset creation: Copyright is an intellectual property which in accounting term is considered as an intangible asset. So it is an asset for the owner or the creator which means the rights can be sold commercially traded or franchised.
     
  • Goodwill: For the purpose of marketing the registered copyright can be used which will create a sense of goodwill and the quality of the work in the minds of the customers.
     
  • Worldwide protection: A copyright registration provides a protective shield on the work of the creator not only in India but abroad also. No one from the foreign countries can use the work of the original owner without their permission.
     
  • Validity Extension: Other benefit of copyright registration is that it extends the validity of copyright registration in case of a unfortunate event of death of the original owner. The validity in this case is further extended by 60 years.
     


 

Procedure for copyright registration in India

Step-by-step procedure for obtaining copyright registration is as follows:

User registration

At first the applicant needs to visit the website of the copyright and they have to create a new user id and password by using the option user registration. After this they will be provided with a login id and password.
 

Filing of the application form

An application form for copyright registration should be filed in form XIV as per the copyright rules along with the prescribed fees.

  • The applicant must sign the application form. A power of attorney is also one of the requested enclosure that should be signed by the applicant and the same must be accepted by the advocate.
     

Submission of the application form

After the filing of the application form the same must be submitted along with the requested document and prescribed fees. After the submission a diary number will be generated. The applicant is required to save this diary number for future references and for tracking the status of the copyright registration.
 

Obtaining the copyright registration certificate

If the authority is satisfied after the proper verification of the documents they will issue the copyright registration certificate to the applicant.
 

Rights of the copyright owner 

  • Under the right of paternity the copyright owner can claim the authorship on the work that has been published.
  • Right to reproduce the work in any tangible form and can store the same in any medium by using electronic means.
  • Under the right of the publication the owner has a right to decide where to publish their work.
  • They have the right to perform in front of the public or can talk about the same to the public or can translate or adapt the work.
  • Right to take necessary preventive measures in case of image or reputation loss.
  • Right to sell or transfer their work.
     

Time taken in registration process

1:  After the filing of the application one will receive a diary number

2:  After this the applicant has to wait for 30 days to ensure that no objection is filed against his claim

3:  If objection is filed, opportunity of hearing will be given to both the parties in order to decide whether to grant the registration or not

4:  If no objection is filed the examiner will review the application

5:  In case of any discrepancy is found, resubmission of the application might be asked by the authority or a time period of 45 days will be given to remove the application.

6:  Generally it takes 3 to 4 months for the copyright registration process if everything is found satisfactory by the deciding authority.
 

Validity period

The copyright registration is valid for the lifetime of the author. Moreover in case of the unfortunate demise of the creator, it extends for 60 years from that date.
 

Frequently Asked Questions (FAQ's)
 

What is copyright registration?

Copyright registration safeguards or provides a protection shield to the authors original work . Copyright is an intellectual property so it is protected from infringement. All the provisions related to copyright is governed by the Copyright Act, 1957.

Any person who has created an original work in the field of book writing, script writing, in the artistic field etc are required to protect their work from being copied . An author is required to take a registration under copyright act, 1957 known as copyright registration in order to protect their work from being stolen or copied or infringed by any other person.

Copyright registration protects the legal right of the creator or owner of the original work from being infringed. It provides a legal protection by which no other person can use the work of the original creator without his permission. Copyright can be transferred. The copyright registration is valid for 60 years.
 

What are the documents required for artistic work?

The documents required for artistic work are as follows:

  1. Two (2) Copies of work.
  2. Applicable fees
  3. A copy of NOC from the author in case the applicant is different from the author.
  4. A copy of NOC from the publisher in case the published work and publisher is different from Applicant.
  5. TM- 60 i.e Search Certificate from Trade Mark Office in case the work is being used on goods or capable of being used on the goods.
  6. NOC copy from that person whose photograph will appear on the work.
  7. A duly signed Power of Attorney by the applicant and accepted by the attorney in case the application is filed by the attorney.
     
What are the mandatory documents required for software work?

The mandatory documents requires for software work are as follows:

  1. Two (2) Copies of work.
  2. Applicable fees.
  3. A copy of NOC from the publisher in case the work published and publisher is different from Applicant.
  4. A copy of NOC from the author in case the applicant is other than the author.
  5. A duly signed Power of Attorney by the applicant and accepted by the attorney in case the application is filed by the attorney.
     
What is the validity period of copyright registration?

The copyright registration is valid for the lifetime of the author. Moreover in case of the unfortunate demise of the creator, it extends for 60 years from that date.
 

Within what time one can obtain the copyright registration certificate?

If all the documents found satisfactory, one can obtain the copyright registration certificate within a period of 3 to 4 months.
 

What are the benefits of Copyright registration certificate?

Copyright registration provides several benefits such as Legal protection, Restriction of unauthorized use, Asset creation, Worldwide protection, Validity Extension and Goodwill
 

Is Copyright transferrable?

Yes, copyright can be transferrable.
 

Can Copyright be sold?

Yes, copyright can be sold to other person.
 

Which Act governs the Copyright registration?

All the provisions related to copyright is governed by the Copyright Act, 1957.
 

Edited by Minu Mishra

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