COPYRIGHT REGISTRATION IN INDIA Full Guide

 

Copyright registration protects the owner's intellectual property and ensures that originality is maintained. Now is the time to take legal ownership of your creative work.

What is Copyright Registration, and how does it work?

The Copyright Act of 1957 governs the registration of copyrights. You can become the legal owner of your creative work, such as books, paintings, music, videos, paintings, websites, mobile applications, and so on, by registering for copyright. The author's copyright registration with the authority ensures that his or her creative work cannot be imitated. Without the author's or creator's permission, no one is permitted to use it. The author has the right to charge others for using or changing his work. Copyright registration protects the creator's rights from infringement. It provides legal protection, ensuring that no one else can use the copyright in any way without the owner's permission.

What is Copyright, and how does it work?

The author's original works are protected under copyright. Copyright is a type of intellectual property right that is granted to its owner. With the creator's consent, any other people or entity may use the creator's original work (such as books, scripts, even software, artistic, cinematography, records, computer programming, and so on). Instruction manuals, Website content, product literature, brochures, and user guides are all examples of copyrighted materials. Copyrights can be transferred as well. Get your free consultation at markolegal

Copyright Registration's Advantages

Copyright registration has a number of advantages, including the following:

Legal Representation

When their work is reproduced without permission, creators have exclusive legal protection.

Owner's Protection

Copyright registration grants the copyright owner exclusive rights to reproduce, distribute, adapt, disseminate, and translate the work.

Value of a brand

A copyright registration serves as proof of ownership, and it can be used for marketing and to build goodwill.

Protection Across the Globe

If a work is copyrighted in another country, it is granted the same privilege in India.

Copyright is a valuable resource.

Copyright is an intangible asset that can be sold or franchised because it is an intellectual property for the owner.

Stability in the Economy

Copyright registration ensures economic stability by allowing the creator to duplicate his or her work in any format.

Publicity for the owner

A copyright registration notifies the public about the work and makes it searchable in the copyright registry database. Once a copyright registration is completed, it prevents the use of a work without the author's permission.

What can Copyright Registration be used to protect?

1.       Artistic works like painting, graphic and sculpture

2.       Musical work and recording

3.       Cinematograph film

4.       Dramatic work like scripts for films/dramas

5.       Literary work like book, program, computer , website etc.

Copyright Registration Documents

In the following situations, the following documents are necessary for Copyright Registration:

 

 

a) Creative

 

Two copies of the work are required.

 

Per task, a DD/IPO of Rs. (as applicable).

 

If the applicant is not the same as the author, the author must give his or her permission.

 

If the work has been published and the publisher is not the same as the applicant, a letter of authorization from the publisher is required.

 

If the work is being used on goods or is capable of being used on goods, obtain a Trade Mark Office Certificate (TM -60).

 

A person whose photograph appears on the piece has given their permission.

 

A specific Power of Attorney in original signed by the applicant and accepted by the attorney if the application is filed through an attorney.

Music

2 copies of the work, plus a DD/IPO of Rs. per work (where applicable).

If the work has been published and the publisher is not the same as the applicant, a letter of authorization from the publisher is required.

If the applicant is not the author, the author must give his or her permission.

A specific Power of Attorney in original signed by the applicant and acknowledged by the attorney is required if the application is filed through an attorney.

Film Cinematograph

2 copies of the work, plus a DD/IPO of Rs. per work (where applicable).

A copy of the agreement or a letter of authorization from numerous copyright holders (deed of assignment).

If the work has been published and the publisher is not the applicant, the applicant must obtain a letter of authorization from the publisher.

A specific Power of Attorney in original signed by the applicant and accepted by the attorney if the application is filed through an attorney.

Literary / Dramatic

2 Copies of work.

DD/IPO of Rs. (as applicable) per work.

NOC from the author if the applicant is other than the author.

If the application is being filed through an attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.

recording of sound

2 copies of the work, plus a DD/IPO of Rs. per work (where applicable).

A copy of the agreement or a letter of authorization from numerous copyright holders (deed of assignment).

If the work has been published and the publisher is not the applicant, the applicant must obtain a letter of authorization from the publisher.

A specific Power of Attorney in original signed by the applicant and accepted by the attorney if the application is filed through an attorney.

In India, there is an online copyright registration process.

The following procedures must be followed in order to register a copyright:

 

Registration of Users

The first step in Copyright registration is to create an account on the government's website. The user will obtain a login ID and password after completing the registration process.

 

Application for Copyright Registration

Copyright registration applications are submitted in form XIV in accordance with the first schedule of the rules, along with the fee specified in the second schedule. The applicant's signature is required on this application. If necessary, a power of attorney must be enclosed, which must be signed by the party and acknowledged by the advocate.

 

Submission

You will be assigned a dairy number once you have submitted your application along with the required papers (acknowledgment).

Certificate of Copyright Registration

If the application is approved, the authority will issue a registration certificate. In the normal sequence of events, the entire procedure will take approximately 2 to 3 months.

How can we find out if our Copyright Registration Application is still active?

The following actions must be followed in order to check the status of a Copyright registration application:

 

Go to the Copyright Registrar's website and select "Status of Application."

After that, enter the diary number (also known as an acknowledgment number) that you received and submit.

You will be informed of your status.

Copyright Owner's Legal Rights

The right of paternity allows the owner to claim authorship for published work.

The owner has the right to duplicate the work in any tangible form and store it in any technological medium.

Under the right of publication, the owner has the authority to decide where to publish and where not to publish.

The owner may perform the work in public, communicate it to the public, or translate or adapt it in any way.

In the event of a loss of image or reputation, the owner may take the appropriate precautions.

The owner has the option to sell or transfer the property.

 

Various Copyright Registration Statuses

The following are the definitions of the various statuses issued by the authority:

 

Waiting: A statutory waiting period applies to copyright registration applications.

Documents have not been received, and the formality check has failed: Notification of non-receipt of documents after payment

Abandoned: Documents not received after the application has been filed

Examining: A copyright registration application is in the works.

Re-examination: A copyright registration application is currently being processed.

Hearing: On the objection, there will be a hearing.

What is the duration of copyright protection?

After copyright registration, the author's copyright is valid for the author's lifetime plus 60 years after his or her death.

 

Define the term "original work."

The term "original work" refers to work that has not been copied from another source. The creator's knowledge, capability, talents, judgement, and hard effort are the sources of originality. Only phrases, not ideas, are protected by the copyright legislation. The content on your website, for example, cannot be stolen by a competitor, but the idea can be used in business.