How to File Reply to Copyright Objection in India?

Copyright is a legal right that is given to the creator or the author of the original work by the law of the country so that the author can protect his interest in the work while using or trading in it. Copyright is a form of Intellectual property rights and is an asset for the creator of the work. During the process of copyright registration, if any inconsistency or discrepancy is found in the application of the applicant on the grounds of similarity of work or duplication of work with the other works, then the Registrar can raise an objection and ask for the clarification for the same from the applicant. The applicant is required to file reply to copyright objection within 30 days from the issuance of the discrepancy letter by the registrar. Hence, this article will provide you with the information regarding how to file reply to copyright objection in India.

What is Copyright and why is Copyright registration Important?

Copyright is a legal right provided to the creator or author of the original work for its use and trade. Any work that comes under the categories such as literary, music, dramatic, artistic, sound recording, cinematograph films, architectural, computer program/ software which is new and unique and is not similar or duplicate to already existing works is considered to be an original work and can be registered under the Copyright Act, 1957.

The copyright registration is important so as to provide legal rights and claims to the owner of the original work and to provide protection to their work. Copyright registration allows placing the original work on record under the copyright laws. Any person who is the author or creator of the original work can file for the copyright registration in India.

What are the Reasons for which Copyright Objection is raised by the Registrar of Copyright?

The Registrar of Copyright may raise an objection in respect to the application if following reasons are found in the application submitted by the applicant:

• The work for which the copyright is to be obtained by the applicant is similar or duplicate to the already existing work.
• If there are similarities in an application.

Also, Read: What is Copyright Infringement and Remedies in India?

What is the Process to Reply to Copyright Objection in India?

In order to file reply to copyright objection in India, the below mentioned steps are required to be followed:

Step1: Analyze the copyright objection raised by the Registrar

The first step to reply to copyright objection is to analyze the copyright objection that is raised by the registrar and understand why the application is objected and under which relevant section of the act it is done.

Step 2: Draft a Reply

The applicant must then draft a reply to the copyright objection. This should be done very carefully and must include the relevant judgments and rule of law supporting the case and the reasons why it should get copyrighted.

Step 3: File the Reply

Once the applicant has drafted a valid reply, he must file reply to copyright objection along with all the necessary documents with the registrar of copyright within the 30 days of the issuance of discrepancy letter.

Step 4: Copyright Registration

If the registrar of copyright finds the reply to copyright objection valid, he shall remove or set aside the copyright objection and shall proceed further with the copyright registration and issue a Certificate of Copyright Registration to the creator or the author of the original work.

What are the Documents required to file Reply to Copyright Objection in India?

The documents that are required to file reply to copyright objection are as follows:

• Discrepancy letter that is issued by the Registrar of Copyright.
• Supporting documents of reply.
• Copy of application of registration.
• Affidavit, if required.

What are the Benefits of Filing Reply to Copyright Objection in India?

A reply to copyright objection is submitted to the registrar of the copyright requesting for the clarifications in terms of the objections raised. It is necessary to file a reply to copyright objection in India. Few of the benefits of filing a reply are as follows:

• It is important to reply to copyright objection quickly so as to gain and retain the legal rights of the work.
• When an objection is raised by the registrar in respect to the application, the applicant is required to file a reply for the same. If the reply is not submitted in any event, then the registrar of copyright has the right to revoke the copyright application and list the application as rejected on the copyright bulletin. Therefore, it is necessary for the applicant to avoid such circumstances; he must file reply to copyright objection on time.
• While giving a reply to copyright objection, there is no standard format for drafting a reply to the letter of copyright objection. The application can be drafted in two forms that is, either the application can be drafted by the applicant personally if he has the sufficient legal knowledge to explain the work which he has done or he can take the assistance of the legal specialist to help him to draft a reply to copyright objection.

What happens if the reply to copyright objection is not filed?

In cases where the reply to copyright objection is not filed within the specified period of time, the registrar has a right to cancel the application for copyright and the status of application shall be updated as “Rejected”. Therefore, to avoid such circumstances or actions by the registrar, it is mandatory to file a reply to copyright objection.

Conclusion

The copyright law allows the creator or author of the original work to register its work in accordance with the rules and procedure under the Copyright Act, 1957, in order to protect its work from being used or infringed by others without his/ her permission. However, when an application for copyright registration is submitted to the registrar of copyright, an objection may be raised by him on the grounds of similarity or duplication of work or similarities in application submitted by applicant to the registrar. Therefore, it is important to file reply to copyright objection with the registrar within 30 days of objection so raised, so as to provide the clarification on the objections and issue copyright registration for the original work of the author.

Also, Read: All you need to know about Copyright for Synchronization License