How to Start a Copyright Registration

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The term “Copyright” denotes as one of the pillars of IPR (Intellectual Property Rights), just like Patents and Trademark. It is governed by the provisions of the Copyright Act 1957.

The aim behind the process of copyright registration is to provide an “Exclusive Right” to the owner regarding his/her work. The term “Work” includes Books, Music, Paintings, Website, etc. Also, the term “Exclusive Right” denotes the authority to safeguard the work from duplication.

It shall be relevant to state that no one has the right to use a work without obtaining permission from the respective creator or author. Also, an author or a creator has the right to charge fees from others for using his/ her work. A registered copyright remains valid for a period of 60 years.

Benefits of Copyright Registration

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, a 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: a 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.

Work Eligible Copyright Registration in India

Eligibile for copyright registration

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 a copyright does not protect names, titles, ideas, concepts, methods, slogans, and short phrases.

Need for Copyright Registration

The reasons behind the need for Copyright Registration are as follows:

Legal Protection

A Registered Copyright acts as a prime 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, a registered copyright remains valid for a period of 60 years after the death of the creator.

Prima Facie Evidence

A registered copyright acts as a 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 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:

Artistic Work

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

  • 2 Copies of 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:

  • 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.
  • 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:

  • 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:

  • 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:

  • 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.

Process for Copyright Registration in India

Process of Copyright Registration

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

User Registration

In the first step, the user needs to register on the official copyright website, i.e., https://copyright.gov.in/Default.aspx

Login Credentials

After successful registration, the user will be provided with his/ her login ID and Password on the registered email address.

Filing of Application for Copyright Registration

Now, the applicant needs to file an application for copyright registration in form XIV. Further, such an application must be filed in accordance with the rules provided under the first schedule, together with the fee specified under the second schedule.

Also, the applicant needs to sign this application. Moreover, there is a need to attach a power of attorney, signed by the advocate and the party involved.

Submission of Application

After the submission of the application, the applicant will be provided with a diary number for future reference. Such a diary number will act as proof of acknowledgement.

Certificate of Copyright Registration

Lastly, the competent authorities will grant a certificate of registration within a period of 2 to 3 months, starting with the date of completion of the registration process.

Validity of Copyright Registration

A copyright registration remains valid for the life of the author + 60 years after his/her death.

Process to Check the Status of Copyright Registration

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

  • Visit the official website for the Copyright.
  • Now, click on the option “Status of Application”.
  • After that, enter the diary number you provided which is known as the acknowledgement number as well.
  • Then click on “Submit”.
  • You will get the Status of the Application.

Different Status of Copyright Registration

The different status of Copyright Registration are 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 application for Copyright Registration is again under process.

Hearing

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

Difference between Copyright, Trademark and Patent

The difference between a copyright, trademark, and patent can be summarised as:

Point of Difference

Copyright

Trademark

Patent

Introduction

The term “Copyright” denotes a protection for the expression of ideas, such as artistic work. Further, the term “Artistic Work” deals with the work related to Paintings, Books, Music and Computer Programmes. Also, it assists in excluding others from using the work.

The term “Trademark” denotes a symbolic representation that protects any brand, word, symbol, and design that identifies and distinguishes the good and services of one manufacturer from others.

The term “Patent” denotes a protection to the invention of the inventor. It gives an exclusive right to the inventor for his/her invention. Also, it excludes others from using the invention without permission.

Significance

Expression of Idea

Brand Identification

Invention

Governing Law

The Indian Copyright Act 1957

The Trade Marks Act 1999

The Indian Patent Act 1970

Components

Protects Artistic & literary work

Protects distinctive mark, symbol or design

Protects Invention

Requirements for Registration

There is no such registration required in the case of Copyright Registration.

It is not mandatory to obtain Trademark Registration.

It is not mandatory to obtain a Trademark Registration in India. However, the same is advisable, as it provides an exclusive right over the mark/symbol.

It is mandatory to obtain Patent Registration.

Exclusions

Protects work from duplication.

Prevents others from using the same name, logo, and symbol.

Prevents others from using the same invention without the consent of the inventor.

Term of Validity

In India, a copyright remains valid for a period of 60 Years.

In India, a trademark remains valid for a period of 10 Years.

In India, a patent remains valid for a period of 20 years.

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