Website Copyright Registration in India: A Complete Process

A website is a set of web pages which is under a single domain name, published on at least one web server and created by an individual or an organization. People can access the information on a website through various ways such as using hypertext links, scrolling Web Pages or through search engines. The website copyright in India can be done under the Copyright Act, 1957. The creator of the website is required to follow the procedure for website copyright registration to copyright its website. This article will provide you with the information regarding website copyright in India and its complete process.

What is Copyright?

A copyright is a legal right given to the owner or the creator of the original work to protect its work and providing the owner with an exclusive right to reproduce, distribute, sell, and perform its copyrighted work. A person has a right to copyright arts, literature, music, cinema, photography, website etc in accordance with the rules and procedure laid down under the copyright act. Any person can apply for copyright for his original work.

Why is there a Need for Website Copyright Registration in India?

There are many benefits to get the website copyright registration in India with the Registrar of Copyright office. Such benefits are: –

• Website copyright registration serves a public record of the copyright ownership of website.
• Website copyright registration serves as a prima facie evidence in the court, if any dispute arises in relation to the ownership of copyright.
• Website copyright registration gives rights to the owner to take legal actions and sue the infringer, if any infringement takes place against his copyrighted website. The owner has a right to claim damages from the infringer and the infringer shall be liable to punishment or fine.
• It provides protection to the owner against the infringement in the country as well as in other countries, although the work was first published in India as India is a member of the Berne Convention.

Also, Read: How to File Reply to Copyright Objection in India?

What is the Procedure for website Copyright Registration in India?

In order to file for website copyright registration, below mentioned procedure is required to be followed: –

• The applicant can apply for website copyright registration either through offline or through online mode. If the application is filed through an online mode, the applicant is required to fill the online application for website copyright registration by visiting the official website of the copyright registration. The applicant can apply on www.copyright.ov.in for new copyright registration. The application form is required to be filled along with the supporting documents and proof of creation.
• The applicant clicks on the new registration button, the page shall direct the applicant to a new page where he is required to make a login id. Once the log in id is created a diary number is generated to track the status of the application.
• Once the applicant files the application, a mandatory 30 days waiting period is to be observed by the applicant for any objections if raised against the copyright material. If no objection is raised, the application shall be proceeded further to be examined by the examiner. However, if any objection is raised or any discrepancy arises in the application, the applicant shall be given an opportunity to give reasons as to why his application should not be rejected. The applicant shall be subjected to a hearing. If the discrepancies are resolved, the application will be proceeded further for registration. However, if the examiner is not satisfied with the reasons given by the applicant and the discrepancies are not resolved, the application shall stand rejected.
• Once all the formalities are completed and the examination is completed by the examiner, the registrar shall register the website copyright and the owner shall be provided with a certificate of website copyright registration. The ownership of registered copyright provides certain legal rights to the owner of the original work, which can be exercised by him.

Why should one consider registering a Website?

The owner or creator of the website must consider registering its website due to following reasons: –

• When the website contains valuable information and original ideas that would generate revenue, it is advisable to register such website.
• If the creator of the website starts losing the sales and revenue due to the duplication of content.
• When there are several third party sites existing and started duplicating the content of the website, that it looks quite similar to the original website.

Parts of website which are Copyrightable

A website has different components in different form of digital files such as tables, text, computer programmes, compilations including paintings, computer database, maps, photographs, plans, diagrams, charts, work consisting of graphical notation, music etc. such work are copyrightable within any one of the classes of works such as artistic, literary, sound recording, musical and cinematograph films as stated under the Copyright act, 1957. However, the functional elements of a website such as format and layout or looks and feels of a website, or unoriginal material like icons, names or symbols cannot be copyrighted. A website as a whole cannot be copyrighted.

Conclusion

Website copyright in India is essential for the creator of website so as to protect it from being infringed or misused by others. Many aspects of website can be protected separately under the Copyright Act, 1957 in India. The original content of the website including the images, sound recordings, can be protected under the copyright law. Once the website is registered under the copyright law, no third party can copy or use any elements from the website without the consent of the creator, and if done he shall be liable to punishment or fine under the Copyright Act.

The registration of copyright serves as a prima facia evidence for the creator when a legal action is taken by him, if any infringement takes place. It is necessary for a creator to register its website and obtain copyright in accordance with the rules and procedure prescribed under the act.

Also, Read: What is the Doctrine of Fair Dealing in Copyright Law?