Copyright Registration

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Copyright Registration

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Procedure for Copyright Registration

An application (including all the particulars and the statement of the particulars) in the format of FORM IV has to have to be sent to the registrar along with the requisite fees (mentioned in the Schedule 2 of the act.). A separate application has to be made for separate works

The registrar will issue a Dairy No. and then there is a mandatory waiting time for a period of 30 days for any objections to be received

If there are no objections received within 30 days, the scrutinizer will check the application for any discrepancy and if no discrepancy is there, the registration will be done and an extract will be sent to the registrar for the entry in the Register of Copyright.

If any objection is received, the examiner will send a letter to both the parties about the objections and will give them both a hearing.

After the hearing, if the objections are resolved the scrutinizer will scrutinize the application and approve or reject the application as the case may be.

Copyright Registration

Copyright is a kind of intellectual property protection like trademark and patents. Copyright registration is done following the Copyright Act, 1957. With copyright registration, you become a legal owner of your creative work in respect of books, paintings, music, website, etc. Copyright registration with the authority secures the creative work of the author cannot be copied. No person is allowed to use the same without the permission of the author or creator. The author is entitled to charge others for using his work or changing it. Copyrights registration safeguards the rights of the inventor from infringement.

In India, the registration gives its owner exclusive, individual rights to distribute, replicate, reproduce the work, or give authorization to another entity for the same. It offers a bunch of rights – communication to the public, rights of reproduction, adaptation, and translation of the work. However, ideas, procedures, methods of operation, or mathematical concepts cannot be copyrighted.

Copyright registration can be done by LegalRaahi in Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities.

Documents Required for Copyright Registration

  •  Name, Address & Nationality of the Candidate – ID proofers
  • NOC from the publisher if work published and the publisher is different from the applicant.
  • Search Certificate from Trade Mark Office (TM -60) if any
  • NOC from a person whose photograph appears on the work.
  • Power of Attorney
  • 2 Copies of the work
  • KYC of author
  • DD/IPO of Rs. per work ((as applicable)
  • NOC from the author if the candidate is different from the author.

Basic Requirements for Copyright Registration

Registration guarantees legal protection guards goodwill and restricts unlawful reproduction of the work of the inventor. Global protection as the copyright in India is known virtually worldwide.

Basic Details of Candidate:

Basic details like Name, Address, and Nationality of the candidate are required before registration. 

Soft Copies and CDs:

Candidate must make a soft copy of his/her work and all files optionally in JPEG, JPG, or GIF format. If you wish to file a copyright for your computer programs, then you must prepare 4 CDs or DVDs of the particular computer programs.

Get a Trademark Certificate for Artistic Work:

If you are submitting copyright registration for any artistic work, a clear copyright search certificate has to be taken from the trademark office before submission. 

Power of Attorney:

If the candidate is registering copyright through any authorized firm or advocate, the power of attorney rightfully signed by the candidate is mandatory.

Things are protected under Copyright

It protects the creation of ideas alone it cannot be protected. The following may be protected under copyright law. 

  • Cinematography film
  • Sound recording
  • Musical work & Sound recording
  • Artistic work like paintings, photographs
  • Original literary others
  • Books
  • Computer programs
  • Website 
  • Broadcasts on Radio and Television
  • Published editions

Why Copyright Registration?

Copyright registration is very important for the one who creates something unique. Copyright secures companies, authors, writers, software developers, etc. They offer several benefits:

Legal Protection

And helps as prima facie evidence in the court of law over ownership of the work. Along with this, it offers Infringement Protection. It gives the creator the right way to get to people who are copying their work and making a living out of the efforts of the hard created things.

Branding or Goodwill

Registered copyright can be applied for marketing and building a sense of goodwill along with quality in the minds of your customers. Registered copyright tells others that you care about want you invented. 

After The Creators Death

After the creator’s death, protection can be extended. Copyright’s protection is not restricted up to the initial creators’ life span its validity is higher than any other intellectual property. It is for 60 years after his/her death also.

Prima Facie Evidence

Copyright protection gives prima facie evidence in case if the litigation proceeds. The proof is required to attest to anything in the court of law. Hence, here the copyright registration is very beneficial for creators.

Owner publicity

The registration makes work recognized across the world and it becomes searchable in the copyright registry database. Once copyright registration is made it limits the use of work without the authorization of the creator.

Restricts Unauthorized Reproduction

The registration will prove that you are serious about copyright infringement. This will help prevent illegal reproduction of the work as it gives the owner a host of legal support.

Creation of Asset

Registered copyrights are intellectual property and the rights can be traded, franchised, or commercially engaged.

Public Record

When the registration of copyright is done, a clear public record is made that benefits the original creator to build his ownership over the said copyright.

Copyright helps in establishing credibility in Market

Registered copyrights are intellectual property and the rights can be traded, franchised, or commercially engaged.

Global Protection

Works that are copyrighted in many other countries are allowed similar privileges here in India. Furthermore, works copyright registered in India are given protection in many foreign countries.

Advantages of Copyright Registration

Legal Protection

Copyright registration serves as prima facie evidence in the court of law over ownership of the work. Therefore, copyright registration gives the owner legal protection for his/her work.

Branding and Goodwill

Registered copyright can be used for marketing and creating a sense of goodwill and quality in the minds of your customer. Registered copyright shows others that you care about your work.

Global Protection

Works that are copyrighted in many other countries are accorded similar privileges here in India. Likewise, works copyright registered in India are accorded protection in many foreign countries.

Restricts Unauthorized Reproduction

Copyright registration will establish that you are serious about copyright infringement. This will help impede unauthorized reproduction of the work as it provides the owner with a host of legal remedies.

Creation of Asset

Copyright registration creates an intellectual property, an intangible asset. Registered copyrights are intellectual property and the rights can be sold, franchised, or commercially contracted.

What Is Included In Our Package?

Application Drafting

Application Filing

Government Fees

Diary number

Duration of Copyright in India

After copyright registration, copyright is valid for the lifetime of the author 60 years after the death of the author.

Duration of copyright registration means the copyright in a work will live for such a period as directed under the copyright act and the same cannot be practiced without author/creator permission. Since the copyright duration in a work varies from the nature of work, the duration of copyright as per the work has been discussed hereinbelow:

  • Published bookish, musical-dramatic, or artistic work: up to 60 years after the lifetime of the author.
  • Anonymous and pseudonymous works: 60 years from the date the work was 1st published.
  • Cinematographic works: 60 years from the date film was screened
  • Sound recordings: 60 years from the date such sound recording is released.

Legal Rights in Copyright

1. Rights of the copyright owner

Under the Indian Copyright Act 1957, copyright preserves the social, economic, and legal interests of the author. The copyright owner is allowed to retain the following exclusive rights.

  • The owner may ask for authorship for published work under the right of paternity.
  •  The owner may reproduce the work in any tangible form and keeping it in any medium by electronic means as well.
  •  The owner may determine where to publish and where not under the right of publication.
  •  The owner may perform in public or talk about it to the public or he/she may make any translation or adaptation of the work.
  •  The owner may take certain defensive actions in case of image or reputation loss.
  •  The owner has a right to sell and transfer his or her work.

2. Rights of Reproduction 

The Copyright Act says that no 3rd party can reproduce or make copies of the original work or part of the work unless the copyright owner has authorized to do so. It limits reproduction in the form of printing an edition of a work and recording sound and films.

3. Rights of Adaptation 

The copyright creator can choose to use his work whichever way he needs. That is, he/she can build derivatives from the existing work or make new work in the same form or another form based on the original work. The following actions outline the term adaptation as per the Copyright Act:

  • Transforming plays, movies, choreographic shows, and other dramatic works into non-dramatic or literary works like poems, novels, and books
  •   Transforming bookish works and artistic works like sculpture, photography, paintings, drawings, etc into dramatic work
  • Change or modification of dramatic and non-dramatic work
  •  Pictorial depiction of the work
  • Transcription of musical work

4. Right of communication to the public  

Copyright owners can make their work open to the public using broadcast or wireless distribution whether in any or more of the forms of symbols or visual images.

5. Right of public performance

The owners of musical work and artistic work can do their works publicly. For example, a musician can play his part or an actor can perform in his play for the crowds. The artists can also choose to advertise their performance on digital platforms.

6. Right of paternity and integrity

The Copyright Law grants the moral rights of paternity and integrity to the creators. The right of paternity or attribution indicates that the creator can maintain authorship over his work and have it attached to him. That is, whoever wants to reproduce or change the original work has to provide due credit to the author, or else the author has the right to take the actions against the maker. For example, if a person needs to make a movie out of a book, he/she must properly acknowledge the author. The right of integrity preserves the right of the holder and lets him/her claim damages when someone changes, damages or alters his work creating disputation to his name and work.

7. Right of Distribution 

The copyright holder may distribute his work in any form by reproducing, selling, renting, leasing, or lending. He/she can also assign particular rights to a person to either copyright the work partly, entirely, or subject to some limitations.

Scope of copyright registration and protection

The Copyright Act, 1957 limits unauthorized usage of any original bookish, musical, dramatic, sound recordings, cinematograph, and other artistic works. Both published and unpublished works can be copyrighted, and the copyright of the original work is held for the original creator. 

If the work to be registered is unpublished, a copy of the book has to be sent along with the application for attaching the stamp of the Copyright Office in proof of the work having been registered. In case 2 copies of the book are sent, one copy of the same duly stamped will be returned, while the other will be held, as far as possible, in the Copyright Office for record and will be held confidential. It would also be open to the candidate to send only quotes from the unpublished work rather of the whole book and ask for the return of the quotes after being stamped with the authorization of the Copyright Office. When a work has been registered as unpublished and finally it is published, the candidate may apply for modifications in particulars entered in the Register of Copyright in Form 5 with the directed fee.

All kinds of bookish and artistic works can be copyrighted, you can also register a copyright application for your website or another computer program. Computer Software or programs can be registered as a ‘literary work’. As per Section 2 of the Copyright Act, 1957 “literary work” comprises computer programs, tables, and compilations, including computer databases. ‘Source Code’ has also to be provided along with the application for certification of the copyright for software products. Copyright protection limits the excessive generation of private products or works and ensures the individual owner holds vital rights over his creation.

Copyright protection of original bookish, musical, dramatic, and artistic works continues for the entire lifetime of the author. When the author dies the following 60 years after his death also no one can copy his or her content, logo, brand, etc.

Difference between Trademark, Patent, and Copyright

Basis Copyright Trademark Patent
Meaning It preserves the expression of ideas like artistic work. Artistic work involves work related to books, paintings, music, and computer Programme. Copyright protection benefits in excluding others from using the work. Trademark preserves any word, symbol, a design that recognizes business and differentiates the brand from others. The patent guards the invention of the inventor and provides an exclusive right to the inventor over his/her invention and it also eliminates others from using the invention.
Column 1 Value Column 2 Value Column 3 Value Column 4 Value
Protection is given for Novel works of authorship like books, articles, songs, photographs, paintings, choreography, sound recordings, motion pictures, etc. Any word, logo, symbol, mark, phrase that differentiates goods of one party from another. Features of shape, configuration, pattern, and ornament, the form of lines, color or blend thereof applied to each article.
Column 1 Value Column 2 Value Column 3 Value Column 4 Value
Significance Expression of Ideas Identification of brand Invention
Govern by Indian Copyright Act, 1957 Trade Marks Act, 1999 Indian Patent Act, 1970
Requirements of Registration The work must be original, creative, and must be able of fixing in the tangible form. The marks need to be unique. The design needs to be original and must be referred to the article by any industrial process.
Exclusions Others are not permitted to copy the work without the permission of the creator. Stop others from using the same logo/symbol. Stop others from using the invention without the permission
Validity Term The validity time in copyright is 60 years. The validity time in the trademark is 10 years. The validity time in the patent is 20 years.
Rights provided The right to control the reproduction, creating of copied works, distribution, and public performance and shows of the copyrighted works. Rights to apply the mark and stop any 3rd person from using the deceptively same mark. Right to stop others from producing, selling using, or importing the patented invention.

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