Why is Copyright Registration Required in India?

Kandarp Vanita
| Updated: Apr 26, 2021 | Category: Copyright

Copyright is one of the intellectual property rights under which the law gives package of rights to the creators of literary, artistic, dramatic, musical works, producers of cinematographic, software, and sound recordings. The purpose of granting right under the provisions of the Copyrights Act, 1957 is to use, reproduce, or communicate the works to the public at large, for translating, utilizing, and making adaptation of that Work. Copyright is an intellectual property giving protection to the creator of the author for expression of ideas.

Copyright gives protection to the creators or owners of the original work from his work being copied or from unauthorized use of the work. Copyright protection is provided under the Copyrights Act, 1957 in India. Therefore, in this blog we will learn about why copyright registration is required in India.

What is Copyright?

A copyright is basically a right given to the author to ensure that nobody else copies his work. A copyright gives the holder of the subject a sole and exclusive right over his work. If the copyright work is protected, no one can replicate, copy, imitate or reproduce the owner’s original work in any other manner. A copyright term in India is for a time period of 60 years. Copyright is granted for the following works:

  • Music
  • Books
  • Manuscripts
  • Films
  • Fashion Designs
  • Training Manuals
  • Software
  • Literary Work
  • Performance
  • Paintings etc

The Registration of Copyright

In order to get the protection under Copyright the owner of the work must get his work registered in accordance with the Act to avail various benefits : The registration of Copyright to the Registrar of Copyrights is divided into six categories:

The Registration of Copyright

In India, it is not mandatory to register Copyright as the registration is treated only as a record of the fact. The registration of ownership shall be considered “proof of ownership” Hence, it will be beneficial for the owner to enforce his rights against copyright infringement. The Supreme Court has held it in many cases where registration of Copyright is important to claim rights during infringement. It is imperative to note that there is no time limit prescribed within which the registration of Copyright can be attained. Nonetheless, the registration of a copyright can currently take a time of upto 1 to 1 ½ years.

Steps for Copyright registration in India

To obtain the copyright registration the following steps has to be followed:

  • An application for registration of Copyright shall include all the particulars and statements that the owner of the work shall file in the format of Form IV.
  •  The application shall be filed before the Registrar of Copyrights with the required fees as applicable to the office of Registrar at New Delhi, India. Registration of Copyright for separate works requires separate applications. 
  • After the application is filed, the Registrar of Copyrights checks and examines the and after 30 days from the date of filing either registers it or if any discrepancy is found then a letter is issued to the Applicant to resolve the discrepancy within the prescribed time of 30 days. If the applicant fails to reply to the letter or fails in resolving the discrepancy, then the application shall be deemed to be abandoned. 
  • On the other hand, if the Registrar of Copyrights to his satisfaction finds the reply reasonably correct, then the applied work details shall be entered in the Register of Copyrights. 
  • The Registrar of copyrights shall issue the Registration Certificate to the applicant, also known as the Extract of such Register of Copyright.

Documents and Information required

Generally, the given below documents and the details are requisite for filing of copyright registration application:-

  • Name, address, and nationality of the Applicant.
  • The author’s name, address, and Nationality.
  • Where both the author and the applicant are different, then a No Objection Certificate from the Author.
  • If the application is filed by an attorney on behalf of the Applicant then document of Power of Attorney.
  • Copy and details about the Work.

Benefits of Copyright Registration

The benefits of registration are as follows:

It provides legal protection- 

The registration under Copyright serves as an evidence for proving the ownership that the particular work belongs to the author which gives him the legal protection. Sec 48 of the Copyright Act, 1957[1] gives a prima facie validity to the registration certified by the Registrar.

It provides branding and goodwill to the owner-

The registration of Copyright and the certificate provided gives the authentication to the work also making way for marketing the author’s work and creating goodwill and a brand by the quality in the mind of the customers.

It protects from unauthorized use- 

The registration of Copyright provides legal remedies to the author and he can claim against copyright infringement, use or reproduction of his work in an unauthorized manner and without his permission. 

It provides global protection-

 If the owner obtains the registration of Copyright in other countries then the owner can claim the same privileges as the owner has in India.

It provides remuneration and royalty to the owner- 

The copyright work can later get translated or adapted and the owner gets entitled to claim royalty or remuneration over such adaptation and editing of his work. 

 Conclusion

The registration of Copyright offers several benefits and the owner’s work is secured and protected from getting infringed. Copyright certificate gives the right to the owner of the work to claim against any unauthorized use of his work. Hence, it is highly recommended that the owner must get the Copyright registered.

Read our article:What are the Benefits of Copyright Registration in India?

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Kandarp Vanita

Kandarp Vanita has done masters in Corporate and Commercial Law from WB National University of Juridical Sciences. She has 3 yrs of experience in drafting legal documents & dissertations. Being a curious reader, she is also passionately into providing legal backups and comprehensive understandings in every aspect of Law to the firms.

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