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:
- Fashion Designs
- Training Manuals
- Literary Work
- Paintings etc.
Apply For Registration
Copyright Registration can be divided into six parts:
PART – 1
Literary works other than computer Programs
PART – 2
PART – 3
PART – 4
PART – 5
PART – 6
Computer Programs, tables & Compilations
Why it is beneficial to get a Copyright Registration?
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.
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
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
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
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
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.
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.
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
- 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