Copyright Registration2018-10-15T08:54:47+00:00

Copyright Registration

Copyright is a form of legal right and an Intellectual Property protection, given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. The Copyright Act, 1957 governs the registration of Copyright in India. Copyright Registration provides a safeguard to insure that the creativity is rewarded and intellectual work is protected.Copyright can be taken for the following works:

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

Apply For Registration

Copyright Registration can be divided into six parts:

PART – 1

Literary works other than computer Programs

PART – 2

Musical Works

PART – 3

Artistic Works

PART – 4

Cinematography Films

PART – 5

Sound Recording

PART – 6

Computer Programs, tables & Compilations

Why it is beneficial to get a Copyright Registration?

Legal Protection

Copyright registration serves as prima facie evidence in the court of law over ownership of the work. Therefore, copyright registration gives the owner legal protection for his/her work.

Branding and Goodwill

Registered copyright can be used for marketing and creating a sense of goodwill and quality in the minds of your customer. Registered copyright show others that you care about your work.

Global Protection

Works that are copyrighted in many other countries are accorded similar privileges here in India. Likewise, works copyright registered in India are accorded protection in many foreign countries.

Restricts Unauthorized Reproduction

Copyright registration will establish that you are serious about copyright infringement. This will help impede unauthorized reproduction of the work as it provides the owner with a host of legal remedies.

Creation of Asset

Copyright registration creates an intellectual property, an intangible asset. Registered copyrights are an intellectual property and the rights can be sold, franchised or commercially contracted.

 
 

Documents Required to Register Copyright

    Name, Address & Nationality of the Applicant

    Nature of the Applicant’s Interest in the Copyright- You need to state whether the applicant is the author of the work or the representative of the author.

    Documents required to assess nature of the work:

    Class & Description of the Work

    Title of the Work

    Language of the Work

    If Published, the Date of Publication

COPYRIGHT REGISTRATION PROCESS

Copyright Registration

An application (including all the particulars and the statement of the particulars) in the format of FORM IV has to have to be sent to the registrar along with the requisite fees (mentioned in the Schedule 2 of the act.). A separate application has to be made for separate works

Copyright Registration

Every application has to be signed by the applicant as well as an Advocate in whose favour a Vakalatnama or a POA has been executed

Copyright Registration

The registrar will issue a Dairy No. and then there is a mandatory waiting time for a period of 30 days for any objections to be received

Copyright Registration

If there are no objections received within 30 days, the scrutinizer will check the application for any discrepancy and if no discrepancy is there, the registration will be done and an extract will be sent to the registrar for the entry in the Register of Copyright.

Copyright Registration

If any objection is received, the examiner will send a letter to both the parties about the objections and will give them both a hearing.

Copyright Registration

After the hearing, if the objections are resolved the scrutinizer will scrutinize the application and approve or reject the application as the case may be.

Frequently Asked Questions

1. What is Copyright?
Copyright is a form of legal right and an Intellectual Property protection, given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings.
2. Copyright Registration is mandatory?
Copyright Registration is not mandatory, however it is advisable to register because it serves a prima facie evidence in the Court of law with respect to disputed related to ownership of copyright.
3. What documents are necessary for Copyright Registration?
A copy of the work needs to be provided along with the address and identity proof of the owner is required. For a company, the name of the company along with its Certificate of Incorporation and address proof is required.
4. Who can file a Copyright Registration and what all is protected under it?
Any individual who is the author or rightful owner, or his/her assignee or legal heir can file the application for any literary work, including a computer program and computer database, a sound or audio recording, including songs and recorded dialogues, a cinematographic film, including film, video and animated film. Artistic works, including paintings, sculptures, drawings such as a map, a photograph, architecture/ artistic craftsmanship and dramatic work. Finally, any musical work can be copyrighted.
5. How is Copyright different than Patent or a Trademark?
Copyrights protect the expression of ideas. Copyright will not protect the process through which a particular work was created or the use of information within it (instructions, etc.). On the other hand Patents protect inventions such as new processes, machines, or chemicals. The central idea is that patents protect ideas, not just expressions of them. Further, Copyright and Trademark both offer intellectual property protection, they protect different types of assets. Copyright is geared toward literary and artistic works, such as books and videos. A trademark protects items that help define a company brand, such as its logo. 
6. What are the benefits of registering a trademark?
The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country.  The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc.  Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.

7. What rights are given under Copyright Protection?
Following rights can be mentioned:

  • Reproduce the work
  • Issue copies of the work in public
  • Perform the work in public
  • Communicate the work to public
  • Make any translation of the work
  • Make any adaptation of the work
  • Make cinematographic film or sound recording in respect of the work

8. What is the term of Copyright Protection in India?
The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author.
9. Can I sell or transfer a Copyright Registration?
A copyright registration can be sold, transferred, gifted and franchised with due consent from the owner of the work.