Copyright Registration
As you know, the moment a person files for copyright protection on his/her work, they enjoy the copyright protection for a lifetime. In India, copyright can last for a term of 60 years. By filing a copyright application you can protect Fashion Designs, Films, Literary Work, Manuscripts, Music, Paintings, Performance, Software, Training Manuals, etc. The Indian Copyright Act, 1957 is the operative law that governs copyright in India and it is defined under Section 13 of the Copyright Act, 1957. Let’s understand in detail the process of copyright registration.
What is Copyright Registration in India?
Copyright is an exclusive right given to the author of the work so that no one can copy the work of others. It is always advisable to get copyright protection though it is not mandatory to do so. The owner will receive the rights and for a term period of 60 years, no one will be able to copy their work. This sort of relief and satisfaction will always encourage the owner to create more original work.Copyright can be granted on the following types of work namely Books, Music, Films, Manuscripts, Fashion Designs, Training manuals, software, performance, literary work, paintings, etc. And all these types are categorized under the register of the registrar of Copyrights as:
- Musical Work
- Artistic work
- Literary work
- Cinematography films
- Sound recordings
- Computer programs, tables, and compilations
Who Can Register for Copyright?
A person can file for the copyright registration who has acquired the rights to the original work or the person who is the creator of the work. In the case of the companies, it would be known as ‘work made for hire if it was created during the period of employment, for which NOC will be taken from the employee of the organization. The employee will not be considered as the author or creator of the original work. The employer will get that title in this situation.In case two people have created a work, then they will receive co-ownership of the copyright. To obtain a copyright, there is no age bar. A minor is also eligible to register for copyright.
Anyone who claims to have obtained the ownership rights of the original work of a creator is also fit to register for copyright.
Why should you protect or file for copyright?
The objective of the protection of copyright is to reward the hard work of the authors and to aspire to promote the progress of science and useful arts. Whenever copyright protection is conferred, it encourages the author or the creator of the work. The purpose of conferring the protection in the form of copyright is to disseminate the work so that progress of art and culture can take place. The ideology is not to restrict or confine the progress of the disciplines, the idea is to rather promote the progress by spreading awareness of copyright and its protection.
Procedure to obtain Copyright Registration
The following process has to be followed to obtain copyright registration: -- The first schedule of the Rules specifies the form on which an application for registration must be submitted.
- Each work should have its application for registration. As specified in the Rules’ second schedule, each application must be accompanied by relevant fees.
- The applicant or the advocate in whose favor a Vakalatnama or Power of Attorney has been executed shall sign the applications. The Power of Attorney should also be attached, signed by the party, and acknowledged by the advocate.
- In the format of FORM IV, an application has to be filled in which all the particulars and the statement of the particulars should be included. This application has to be sent to the registrar with the fees which are mandatory to be paid (the requisite fees are mentioned in Schedule 2 of the Act).
- A separate application is required to be made for separate works.
- The requisite fees for different works are provided by the government in this link: http://copyright.gov.in/frmFeeDetailsShow.aspx
- The applicant and an advocate have to sign every application. It should be done by an advocate in whose favor a POA or a Vakalatnama has been executed.
- A Diary No. will be issued by the registrar and, for 30 days there is a mandatory waiting period for any objections which may or may not be received.
- Within 30 days if there are no objections received, then the application would be checked by the scrutinizer for any discrepancy and if there is no discrepancy in the application, then the registration would be done successfully and for the entry in the Register of Copyright, an extract would be sent to the registrar.
- Both the parties will be given an opportunity for a hearing by the examiner if any objection is received. The examiner will send both parties a letter about the objections as well.
- If the objections are resolved after the hearing, the application would be scrutinized by the scrutineer and after that, the scrutinizer will decide to approve or reject the application.
Required Documents
| Acceptable Document | Document Type | Additional Details |
|---|---|---|
| Class & Description of the Work | - | - |
| ID proof of the owner and Incorporation certificate if it is for business | - | - |
| Title of the Work | - | - |
| Date of Publication | - | - |
| Language of the Work | - | - |
| Name, address and nationality of the author of the work | - | - |
| Name, Address & Nationality of the Applicant | - | - |
| Copies of the original work | - | - |
FAQs
You Ask, We Answer
70 years. Also it depends on several factors, whether it has been published, and, if so, the date of first publication.
If the work is not having "originality" and creativity for copyright protection such as titles, names, short phrases and slogans, familiar symbols or designs, font design, ingredients or contents, facts, blank forms, etc. then it cannot be copyrighted.
To find out if something is copyrighted, start by checking it for a copyright mark, which may be a “C” in a circle, or the word “copyright” followed by a date and the name of the copyright owner. Also have a glance on the date, since the copyrights on all works published in the U.S. before 1923 have expired.
While both offer intellectual property protection, they protect different types of assets. Copyright provides protection to literary and artistic works, such as books and videos. and trademark protects items that help define a company brand, such as its logo.
Since copyright protection is automatic from the moment a work is created, registration is not required in order to protect your work.
A copyright protects literary and artistic works, while a trademark is more focused on protecting items that define and identify a company's brand, such as a logo. Copyright and trademark provide you with that kind of protection, so it is imperative that you register for both and make sure you protect your brand.
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