Copyright Registration Process
Copyright is another kind of intellectual property protection like trademark and patents. Copyright registration is done as per the Copyright Act, 1957. You become a legal owner of your creative work regarding books, paintings, music, website, etc. Copyright registration with authority secures the creative work of the author that cannot be copied. Original or Copyright materials are not allowed to use without the permission of the author or creator for any commercial use. The author can charge others for using his work or changing it or can even sue the opponent. Copyrights registration protects the rights of the inventor from infringement of any kind. In India, Copyright gives its owner exclusive, individual distribution rights, permission to replicate, reproduce the work, or authorize another entity. It offers many rights – communication to the public, reproduction rights, adaptation, and translation of the work in any language. However, ideas, procedures, modus operandi or mathematical concepts cannot be copyrighted.
File your Copyright Registration application online through TAXAJ.
It usually takes 6 to 12 months, depending upon government approval.
- Session with TAXAJ Expert
- Filing of Application for Copyright
- Follow up till you secure the approval
- Any business or individual wanting to protect their work.
- Purchase of Plan
- Expert Assigned
- Upload documents on vault
- Application filed with IPR Authority
- Follow up with Authority
- Approval Letter
- Name, Address & Nationality of the Candidate – ID proof
- NOC from the publisher if work published and 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 work
- KYC of author
- DD/IPO of Rs. per work ((as applicable)
- NOC from the author if the candidate is different from the author.
Cinematography Film
Musical work & Sound recording
Artistic work like paintings, photographs
Computer programs
Sound Recording
Broadcasts on Radio T.V
Websites
Books
Benefits of Copyright Registration
A Public Record of Ownership
When a work is copyrighted, it is registered on a public record, thereby establishing ownership.
Copyright Infringement
In the case of copyright infringement, the authors can sue infringers to secure their work and claim statutory compensation.
Prevents Importing of Duplicates
The owners can record the registration with the Indian customs and prevent importing duplicate copies of the work.
Commercial use of by-products
Have control over by-products or derivatives created from the original registered work for commercial purposes.
Transfer of Copyright
The rights can be passed or sold to a third party by the original copyright holder.
Ensures Protection
Copyright protection enables the owners to exhibit their work without the fear that it will be replicated without authorisation.
Copyright Registration can be done for:-
- Artistic works,
- Producers of Cinematograph Films,
- Music voice recordings.
- Literary works
- Musical works, including any accompanying words
- Dramatic works, including any accompanying music
- Pantomimes (Drama) and choreographic works
- Pictorial, graphic and sculptural works
- Motion pictures and other audiovisual works
- Sound recordings
- Architectural plans, drawings and actual buildings
Documents Required for Copyright Registration
Basic Documents
- Particulars of the Applicant (ID and Address proof of the applicant along with the Nationality)
- Name, address, and nationality of the author of the work
- Disclosure of the applicant’s interest in the copyright - whether he/she is the author of the work or the representative of the author.
- Copies of the original work.
- In case for business purpose-Incorporation certificate is required.
- Details of the nature ofthe work
- Class, Title & Description of the Work
- Language of the Work
- Date of Publication - Publication in internal magazines or a research paper submitted to a professor does not count as publication.
Apart from the basic documents required for copyright registration, submit documents as per copyright categorization. The categories are as such:
Artistic Work
- 2 copies of the work.
- DD/IPO of INR (as applicable) according to artistic work.
- Author’s No Objection Certificate if the applicant is different from the author.
- Publisher’s No Objection Certificate if the work published & publisher is different from the applicant.
- Search Certificate from Trade Mark Office in TM -60 if the work is being used on goods/capable of being used on the goods.
- No Objection Certificate from the individual whose photograph appears on the work.
- When filing an application by an attorney, an original copy of a “Power of Attorney” signed by the applicant & also accepted by the attorney.
Cinematograph Film
- 2 copies of work.
- DD/IPO of INR (as applicable) according to Cinematographic work.
- No Objection Certificate from different copyright holders or copy of the agreement (deed of assignment).
- No Objection Certificate from the publisher if the work published and publisher is different from the applicant.
- When filing an application through an attorney, an original copy of a “Power of Attorney” signed by the applicant & also accepted by the attorney.
Music
- 2 copies of work (graphical notes).
- DD/IPO of INR (as applicable) according to work.
- No Objection Certificate from the publisher if the work published & publisher is different from the applicant.
- Author’s No Objection Certificate if the applicant is other than the author.
- When filing an application by an attorney, an original copy of a ‘Power of Attorney’ duly signed by the applicant & also accepted by the attorney.
Literary/Dramatic
- 2 copies of work.
- DD/IPO of INR (applicable) according to work.
- No Objection Certificate from author if applicant is other than author.
- Author’s No Objection Certificate if the applicant is other than the author.
- When filing an application through an attorney, an original copy of a ‘’Power of Attorney’’ signed by the applicant and also accepted by the attorney.
Sound Recording
- 2 copies of work.
- DD/IPO of INR (as applicable) according to work.
- No Objection Certificate from different copyright holders or copy of the agreement (deed of assignment).
- No Objection Certificate from the publisher if the work published and publisher is different from the applicant.
- When filing an application through an attorney, an original copy of a ‘Power of Attorney’ signed by the applicant & also accepted by the attorney.
Software
- 2 copies of work.
- DD/IPO of INR (as applicable) according to work.
- Author’s No Objection Certificate if the author is dissimilar from the applicant.
- No Objection Certificate from the publisher if the work is published & the publisher is different from the applicant.
- When filing an application through an attorney, an original copy of a “Power of Attorney” signed by the applicant & also accepted by the attorney.
- Also, the source code & the object code of the work for due verification.
Eligibility for Copyright Registration
Copyright is one of the legal privileges accorded to authors, musicians, playwrights, and film and music production companies. It gives the owner of the work the sole right to sell, distribute, or duplicate its publication by having it registered through Copyright Registration. The Copyright Act of 1957[1] governs copyright registration in India. One acquires the exclusive right in respect of their creative works, such as books, paintings, music, websites, software, novels, etc. by registering their copyrights.
The original work is protected by copyright in inia from duplication or abuse by third parties. Copyright protects original works and prevents their unauthorised replication. Thus, essential application information like name, address, phone number, e-mail address, and nationality are necessary for copyright registration in India.
The candidate must create a soft copy of his work and submit it with JPG-format files. Work that relates to a website or piece of software must be uploaded on CDs and DVDs. The applicant must obtain a clear copyright lookup certificate from the trademark office if the copyright is connected to any creative work. If the original author of the work is willing to register the copyright through a designated agent, they must give any advocate a power of attorney.
Copyright Protection Validity
The length of a work's copyright varies depending on a number of circumstances, such as whether it has been published and, if so, when. For works created after 1 January 1978, copyright protection typically lasts for the author's entire life plus an additional 70 years. The copyright in india is valid for anonymous, pseudonymous, or work created for hire for 95 years following the year of the work's initial publication or for 120 years following the year of creation, whichever comes first.
The registration of works produced on or after 1 January 1978, does not need to be renewed. After 28 years, renewal registration for works published or registered prior to 1 January 1978, is optional, but it does offer some legal benefits. You can easily reach out to our experts from TAXAJ to complete the copyright registration process without any delays.
Rights of Copyright Owner
Before addressing the remedies for infringement, it is critical to comprehend the rights that a copyright owner holds. Owners of valid copyrights are entitled to:
- Publicly display the work that has been published
- Create the piece in a tangible medium
- Any translation of the work should not be created, replicated, performed, or published
- Create any necessary adaptations and distribute the content via broadcast, radio, or cable
The first author of the work has the following exclusive rights:
- Duplicate the work
- Create a derivative using the source material
- Publicly perform the work after it has been distributed
- Showcase the artwork in a professional context
- Seek redress if a work's copyright is being used without permission.
Apart from this the following rights belong to a copyright owner, and only they have the authority to transfer them to another party:
- No one may duplicate or reproduce a work that is protected by copyright in india, in whole or in part, without the owner's permission
- The creator has the sole right to adapt and use their work however they see fit (e.g., a book into a movie)
- Public communication rights: The sole right to broadcast their original works to the general public
- Owners of artistic and musical works have the sole right to public performances of their creations
- The right of attribution or paternity suggests that the owner or creator may assert sole authorship over their creative production. In other words, they can claim responsibility for it
- The owner has the legal right to sue if their creation is misrepresented or altered without their permission
- Right of distribution: The sole right to make their work available in any format they choose (through selling, reproducing, leasing, lending, renting, or transferring).
Procedure for Copyright Registration
Step 1: Application
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.
Step 2: Power of Attorney
Every application has to be signed by the applicant as well as an Advocate in whose favour a Vakalatnama or a POA has been executed.
Step 3: Waiting time
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.
Step 4: Register Entry
If there are no objections received within 30 days, the scrutiniser 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.
Step 5: Objection hearing
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.
Step 6: Approval
After the hearing, if the objections are resolved the scrutiniser will scrutinise the application and approve or reject the application as the case may be.
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.
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.
Owner Publicity
The registration makes work recognised 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 authorisation of the creator.
Creation of Asset
Registered copyrights are intellectual property and the rights can be traded, franchised or commercially engaged.
Establishing Credibility
People will proceed with that content is original and not copied from anywhere and neither anyone else can steal the content.
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.
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.
Restricts unauthorised 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.
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.
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.
