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.
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:
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.
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.
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.
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.
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.