What is Copyright Registration?
Copyright refers to the rights that author gets to protect original work. It also enables them to protect their work against being stolen or duplication. It also entitles the owners of right to reproduce as well as translation’s right and so on. Copyright is ordinarily possessed by the creator of the work. Copyrights are also transferable.
Meaning of Copyright
It means the special right to do or give consent to do any of the following acts in respect to the provisions of this Act, namely
In the case of a literary, dramatic or musical work, which is not being a computer program, to replicate the work in any material form includes the following:
- To issue copies of the work to the public; not being copies already in circulation.
- To perform the work in public or communicate it to the public.
- To make any Cinematography film or sound recording in respect of the work.
- To make any translation of the work.
- To make any adaptation of the work.
- To do, in relation to a translation or an adaptation of the work, any of the acts specified and others.
Is Copyright required to be registered?
Copyright Registration protects the rights of the inventors in the case of an infringement. This is a legal protection that no other can misuse the copyright of the writer or the creator in any form of prescribed work without the consent of the owner.
Copyright identifies the exclusive rights of the owner over an original/ unique work such as music, books, development of software, making films, fashion designs, brochures and training manuals. All enjoy Copyright Protection, even without Copyright Registration.
Registering the work with Registrar of Copyright office is essentially a Copyright Protection insurance policy. It produces a public record of the work done and you can also subsequently sue anyone for Copyright violation made. Copyright Registration is only considered as prima facie evidence if done within 5 years of the creation of the work.
Reasons for Copyright Registration
- Registration ensures legal protection;
- It also secures goodwill;
- It also restricts unlawful reproduction of the work of the creator;
- It ensures global protection as Copyright in India is recognized virtually worldwide;
- Copyright Registration helps in creation of assets i.e. and intangible assets and can be sold, franchised or commercially contracted.
Work in which Copyright Subsists?
Copyright shall subsist throughout India in the following class of works i.e. to say:
- Cinematography film;
- Sound recording;
- Dramatic, musical;
- Artistic work;
- Original literary others.
Steps required in Copyright Registration
- Copyright Application
Copyright Application needs to be prepared and it takes approx. 2 to 4 working days.
- Processing Application
After filing application, diary no. is issued and then an applicant has to wait for next 30 days for objections.
In case of no objection, scrutinizer will examine the application, and if no discrepancy is found then Registration is approved by Registrar.
- Copyright Registration
After the Application is approved by Registrar, extracts will be sent by Registrar to the applicant.
How long does Copyright Protection last?
Copyright Protection is valid for life + 60 years after the death of the creator/author/owner,