How to Start a Copyright Registration

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An Overview of Copyright Registration

Copyright Registration is completed as per the Copyright Act, 1957. With the registration, you become a legal owner or proprietor of your creative work in respect of music, books, website, paintings, mobile application, etc. Copyright Registration with authority ensures that the original work of an author cannot be copied or misused. No individual is allowed to use a similar work or creation without the permission of the creator or author. The author is certified to fine others for using their work or change it without the consent of the original author. Copyright Registration protects the creator's rights from Copyright Infringement. It gives official protection by which no other unauthorised person can misuse the work in any way without procuring the owner’s permission.

What is a Copyright?

Copyright is an essential part of the Intellectual Property (IP), and it is an exclusive right given by the law to authors or creators of artistic works, musical works, producers of cinematography films, sound recordings, etc. In fact, it is a bunch of rights consisting of adaptation, rights of reproduction, works translation, and communication to the public. There could be minor differences in the composition of the rights based upon the work. Copyright make sure that certain minimum protection of the author’s right over their creations, thereby safeguarding and rewarding creativity. Creativity being the foundation of progress, no enlightened society can afford to ignore the basic necessities of promoting the same. The social and economic development of a society is based upon creativity. The security offered by Copyright to the efforts of designers, writers, musicians, architects, and producers of sound recordings, computer software, etc., create an environment helpful to creativity, which persuades them to create more and encourages others to create.

Benefits of Copyright Registration

The benefits of Copyright Registration are as follows:

  • Creates Public Record

    The process of Copyright Registration assists in creating a Public Record. The term "Public Record" denotes that the owner's work is duly protected, and no one can use it without obtaining prior approval or license from the actual owner.

  • Acts a Legal Evidence for Ownership

    A registered copyright acts as legal evidence for the author or creator. It prevents the work from duplication and can be used as a proof of ownership in front of the court.

  • Protects Work from Infringement

    A duly registered copyright enables the owner to file a suit for infringement and take legal action against the infringer.

    For example: A person is selling copies of a work without the prior permission of the owner.

  • Provides Economic Benefit

    In India, registered Copyright offers certain economic benefits to the owner regarding the use of the work, such as Public Performance, Broadcasting of Work, Making Copies, etc. Further, the term "Economic Benefits" denotes the availment of the appropriate fee or reward for the use of work.

  • Permits Author to Change the Form of Work

    After obtaining Copyright Registration, only the author or creator has the right to change the form of work. For example: registered Copyright enables the owner to revise, update, or make a sequel of the work.

  • Allows Transfer of Rights

    A duly registered copyright enables the owner to sell/ pass/ or transfer the right of his/ her work to another person.

Different Types of Works Eligible for Copyright Registration in India

In India, the work eligible for copyright registration must fall in either of the areas as follows:

  • Musical Works.
  • Cinematography Films.
  • Literary Works, such as Manuscripts and Books.
  • Fashion designs.
  • Performances.
  • Artistic works, such as Paintings.
  • Website.
  • Broadcast on Radio and Television.
  • Published Editions.
  • Computer Software and other computer programs and compilations, etc.

However, it shall be pertinent to mention that copyright does not protect names, titles, ideas, concepts, methods, slogans, and short phrases.

Importance of Copyright Registration

Following is the importance of Copyright Registration:

  • Legal Protection

    A Registered Copyright acts as prima facie evidence in the eyes of the law. Also, it provides the owner with the right to sue in order to protect his/her work or creation from infringement or duplication.

  • Branding or Goodwill

    A Registered Copyright is used for creating and building a sense of goodwill regarding the quality in the minds of the customers.

  • Protection after Creators Death

    A duly registered copyright protects the right of a creator after his/ her death as well. That means the validity of Copyright is higher than any other intellectual property right. Moreover, registered copyright remains valid for a period of 60 years after the death of the creator.

  • Prima Facie Evidence

    A registered copyright acts as prima facie evidence in the eyes of the law and proves beneficial for the creators as well.

  • Publicity of Owner

    The process of registration makes a work searchable across the world in the Copyright Registry Database.

  • Restricts Unauthorised Reproduction

    A duly registered copyright provides an exclusive right to the owner and prevents the illegal reproduction of his/her work.

  • Creation of Asset

    Registered Copyright denotes as one of the pillars of IPR (Intellectual Property Rights), just like Patents and Trademark. Moreover, the same can easily be Franchised, Traded, and commercially engaged.

  • Establishes Market Creditability

    A registered copyright will establish and increase the market credibility of particular content or work and will protect the work from being copied by any other person as well.

  • Global Protection

    A copyright registered in India will enjoy the same protection, privileges and benefits in foreign countries as well.

Documents Required for Copyright Registration

The documents required for Copyright Registration are as follows:

Basic Documents

  • Address Proof and Identity Proof of the applicant along with the nationality;
  • Disclosure of the interest of the applicant in the Copyright; whether the applicant is the author of the work or the legal representative of the author;
  • Submit two copies of the original work;
  • In case of a company or business, submit an incorporation certificate;
  • Details of the work’s nature;
  • Work Language;
  • Title, class, and description of the work;
  • Publication date; publication in magazines or in a research paper (Internal) submitted to a professor doesn’t count as publication;

Artistic Work

The documents required for obtaining a Copyright Registration for Artistic Work are as follows:

  • Submit 2 Copies of the Work.
  • Demand Draft of Rs (as applicable) per work.
  • NOC (No Objection Certificate) from the author, if in case the applicant is different from the actual author.
  • NOC (No Objection Certificate) from the publisher, if work published and publisher is different from applicant.
  • Search Certificate from the Trade Mark Office, if in case the work is being used on goods or is capable of being used on the goods.
  • NOC from the person whose photograph appears on the work.
  • If in case the application for registration is being filed by a copyright expert, then there is a need for a specific Power of Attorney that will be signed by the applicant and accepted by the attorney.

Cinematograph Film

The documents required for obtaining a Copyright Registration for Cinematograph Film are as follows:

  • Submit 2 Copies of the Work.
  • Demand Draft of Rs (as applicable) per work.
  • A copy of the Deed of Assignment or NOC from various copyright holders.
  • NOC (No Objection Certificate) from the publisher, if work published and publisher is different from applicant.
  • If in case the application for registration is being filed by a copyright expert, then there is a need for a specific Power of Attorney that will be signed by the applicant and accepted by the attorney.

Music

The documents required for obtaining a Copyright Registration for Music are as follows:

  • Submit 2 Copies of Work.
  • Demand Draft of Rs (as applicable) per work.
  • NOC (No Objection Certificate) from the publisher, if work published and publisher is different from applicant.
  • If in case the application for registration is being filed by a copyright expert, then there is a need for a specific Power of Attorney that will be signed by the applicant and accepted by the attorney.
  • NOC (No Objection Certificate) from the author, if in case the applicant is different from the actual author.

Literary and Dramatic Work

The documents required for obtaining a Copyright Registration for Dramatic Work are as follows:

  • Submit 2 Copies of Work.
  • Demand Draft of Rs (as applicable) per work.
  • If in case the application for registration is being filed by a copyright expert, then there is a need for a specific Power of Attorney that will be signed by the applicant and accepted by the attorney.
  • NOC (No Objection Certificate) from the author, if in case the applicant is different from the actual author.

Sound Recording

The documents required for obtaining a Copyright Registration for Sound Recording are as follows:

  • Submit 2 Copies of Work.
  • Demand Draft of Rs (as applicable) per work.
  • A copy of the Deed of Assignment or NOC from various copyright holders.
  • If in case the application for registration is being filed by a copyright expert, then there is a need for a specific Power of Attorney that will be signed by the applicant and accepted by the attorney.
  • NOC (No Objection Certificate) from the author, if in case the applicant is different from the actual author.

Procedure for Copyright Registration in India

In India, the steps involved in the process for Copyright Registration are as follows:

  • Step 1: Create the Applicant’s User ID and Password

    First, the applicant needs to create the user ID and password for login before applying for the Copyright Registration. For this the applicant is required to opt for “New User Registration”.

  • Step 2: Filling the Application

    An applicant can file the application form for the Copyright Registration either manually in the office or via an e-filing facility available on the official website. Here, the applicant of the Copyright Registration can be an author of the work or an owner of a special right for the work or an unauthorised agent.

    For the registration, an application should be filed with the Registrar along with the details of the work. After login, the applicant needs to click on button “Click for Online Copyright Registration” and file the online “Copyright Registration Form” with all the vital documents. The Registrar will issue a Diary Number to the applicant, after filing the Copyright application form.

  • Step 3: Examination of Copyright Application

    After filing the application, the next stage is to examine the application of Copyright Registration. Once the Diary Number is issued to the applicant, at least thirty days of waiting time is provided where the Copyright examiner can examine the application. Once the examination process is done, the process of Copyright Registration gets categorised into two different segments:

    In Case the Objections are Raised

    If anyone raises the objection against the applicant, then the letter reagrding the objection is sent to both the parties and they are called for the hearing by the Registrar. In case the objection is declined upon hearing, then the applicant can ask for the examination and inconsistency procedure is followed.

    In Case of No Objections

    If any objections are not raised by any party, then the examiner approves to examine and check the application to find any problem. If no discrepancy arises and all the vital documents are delivered with the application, the applicant is permitted to proceed for next stage or step. But, in case of discrepancies are found, a discrepancy letter is sent to the applicant. The applicant will have to respond on the same and based on the response, a hearing is conducted by the Registrar. Once the difference is resolved, the applicant is permitted to move forward to the next step. In case the difference is not resolved, the application is declined, and a letter is sent to the applicant.

  • Step 4: Issuance of Registration Certificate

    his is the final step of Copyright Registration. The Registrar may ask for extra information and documents. If the Registrar is fully satisfied with the Copyright application made by the applicant, he or she will enter the application details into the Copyright Register and issue a registration certificate.

What is the Validity of Copyright Registration?

  • 1. In Case of Published Works

    The validity of the copyright works is up to the life of an artist or creator i.e., 70+ years.

  • 2. In case of Unpublished Works

    The Copyright valids until the work is 1st published to a life span of the artist or creator i.e., 70+ years.

Process to Check the Status of Copyright Registration

The steps involved in the process to check the status of Copyright Registration are as follows:

  • Step 1

    First, the applicant has to visit the official website i.e., https://copyright.gov.in/.

  • Step 2

    Once you enter into the website, then a home page of the website will appear on your computer screen. On the left side, you will see the Online Services section where you will see the “Status of Application” button.

  • Step 3

    After clicking the button, you have to enter your “Diary Number” and then click on the “View Status” button.

  • Step 4

    After clicking the “View Status” button, then only you will able to check the status of a Trademark Application.

Different Status of Copyright Registration

The different status of Copyright Registration is as follows:

  • Waiting

    The term “Waiting” denotes that the Application for Copyright Registration is under a Mandatory Waiting Period.

  • Formality Check Failed

    The term “Formality Check Failed” denotes that the Documents not received after Payment.

  • Abandoned

    The term “Abandoned” means that the documents are not received after the Filing of the Application.

  • Scrutiny

    The term “Scrutiny” denoted that the application for Copyright Registration is under process.

  • Re-Scrutiny

    The term "Re-Scrutiny" denotes that the application for Copyright Registration is again under process.

  • Hearing

    The term “Hearing” denotes the hearing on the objection.

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