Copyright Registration in India

Copyright Registration Process in India

Copyright Registration vests the exclusive right on the creator of literary and artistic work to commercially exploit the work and to prevent others from using the work without owner’s authorization. In short, it is a Right to Copy the original work.

In this blog, we will discuss the copyright registration process and copyright registration fees in India in brief. 

 

What is Copyright?

Copyright is an intellectual property right. It is basically a collection of rights that are vested in the first owner of the Original Literary, Music, Dramatic work, Cinematographic work, Sound Recordings and other artistic works. It gives an exclusive right to the owner to use his work and also to exclude others from exploiting the work without author’s authorization.

Importantly, Copyrights are protected and governed through The Copyrights Act, 1957 and The Copyright Rules, 2013.

 

Who is the Owner of the Copyright?

Section 17 – First owner

The First Owner of the Copyrighted work is the real owner/author of the work. Therefore. the owner of the copyright is the First owner.

 

What are the classes of work in which copyright subsists in India?

 Copyright subsists in the following work throughout India – Section 13

  1. Original Literary, Dramatic, Musical and Artistic works
  2. Cinematographic Work
  3. Sound Recordings
  • Importantly, Copyright protects the expression of ideas and not the ideas.
Seek Assistance with Copyright Registration

 

What is Copyright Symbol?

Copyright is basically symbolized as ©. It manifests that the owner of the work legally owns the Copyright in such work. Thus, if any person infringes the copyright then he shall be liable under the Copyrights Act, 1957.

 

What is the term of protection available for Copyright in India?

Chapter V of Copyright Act, 1957

 

Sections

Work

Term

22

Published Original Literary, Dramatic, Musical and Artistic works

In this case the term of protection shall be – Lifetime of the author + 60 years from the beginning of the calendar year next to the following year in which the author dies.
26

Cinematographic Work

The term of protection for Cinematographic work is 60 years and it shall start –  from the beginning of the calendar year next to the following year in which the Cinematographic work is published.
27

Sound Recordings

In this case the term of protection shall be – 60 years and it shall start – from the beginning of the calendar year next to the following year in which the Sound Recordings work is published.
23

Anonymous & Pseudonymous work

(Original Literary, Dramatic, Musical and Artistic works other than Photograph)

The term of protection for Anonymous & Pseudonymous work is 60 years and it shall start – from the beginning of the calendar year next to the following year in which the work is first-time published.
24

Posthumous Work

(Literary, Dramatic, Musical and Engraving)

In this case the term of protection shall be – 60 years from the beginning of the calendar year next to the following year in which the work is first-time published.
28

Government Work

The term of protection in the case of Government work shall be 60 years and it shall begin  – from the beginning of the calendar year next to the following year in which the work is first-time published.
28A

Work of Public Undertakings

In this case the term of protection shall be – 60 years from the beginning of the calendar year next to the following year in which the work is first-time published.
29

Work of International Organizations

The term of protection is 60 years and it shall start from the beginning of the calendar year next to the following year in which the work is first-time published.

 

  • Therefore, Publication means to make the work available for the public either by communicating it to public or by issuing the copies of the work. (Section 3)

 

What are the Benefits of Copyright Registration?

  1. The first benefit is o create Public record of the ownership on Copyright work.
  2. Secondly, Copyright protects the rights of copyright owner against copyright infringement.
  3. Next, To prevent others from copying the original work of the copyright owner without his authority.
  4. It encourages people for creating and developing Intellectual work.
  5. Copyright owners can earn money in the form of royalty by allowing others to use his copyrighted work.
  6. Lastly, To intimate the public about the ownership on the Copyrighted work.

 

What are the Rights vested in Copyright owner ?

1. Economic Rights – to earn financial reward by using, selling, exporting, distributing, and reproducing the work.

2. Moral Rights – Section 57

    • To get authorship on the Copyrighted work
    • To claim damages in prescribed cases

 

What is the Copyright Registration in India?

The Copyright Registration Process in India is as follow-

1. Application – Form IV

The first step of Copyright Registration Process is filing of Application for Copyright with the Copyright Office in Form IV along with the requisite fee.

Now the question arises that who is eligible to file application. Therefore, Following persons can file Copyright registration application – 

    • The Author himself
    • The Authorized Agent of Author

importantly,  one can file Application in following ways – 

    • Physically in the Copyright Office
    • Speed Post/ Registered Post
    • E-Filing on the Copyright portal
  • As soon we will file the application then the authority will automatically generate the diary number and then the authority will issue the same to the applicant.

2. Examination of Application

Second step is the examination of the application by the copyright registry. The application must wait for 30 days to proceed further for scrutinizing and analyzing the objection if any. This period is given only for allowing third-party objections against the copyright application.

A. If any objection is filed

If any objection is filed by third party then the examiner shall send the notice of objection to the applicant for giving the opportunity of being heard. Then the examiner must hear both of the parties. After hearing, the two cases may arise.

A. When the examiner raises any objection

In this case, also, 2 cases will arise. The first is that the examiner accepts the reply and then the examiner will accept the application. While the second case is when the examiner will not be satisfied with the reply and in such case, the examiner will reject the application. In case of rejection, the examiner must state the reasons for rejection.

B. When the examiner does not raise any objection  

If no objection is raised or if the objections are resolved (if filed) then the Examiner has to scrutinize the application. It further presents two scenarios –

(i) When any discrepancy is found

Examiner shall prepare a letter of discrepancy and then it shall be given to the applicant for representation thereon. If the examiner is satisfied with the representation or hearing then he shall proceed further otherwise the application shall stand rejected.

(ii) When no Discrepancy is found or is resolved then it shall proceed for Registration.

3. Copyright Registration

Lastly, the registrar must register the Copyright in the name of applicant and the entry related thereto shall be made in the Register of Registrar. Registration shall grant the exclusive rights of copyright to author/applicant of the work.

Apply for Copyright Registration

 

What are the documents required for Copyright Registration?

Following Documents are required for Copyright Registration –

  • Firstly, 2 Copies of the work
  • Secondly, Demand a Draft of the fee
  • Lastly, No Objection Certificate from Copyright holders or from the required persons (as per the work)

Therefore, a person must possess these documents in order to get Copyright Registration.

Apply for Documents Preparation

 

Is it mandatory to register the work to claim Copyright?

No, it is not necessary to get copyright registration in India of the work. However, it is required to protect and prohibit others from using the work without any authority. This is why it is said that the registration serves as the prima facie evidence of the ownership of the work in case of any dispute related to the ownership of work.

 

Conclusion

Copyright confers bundle of rights in the owner by virtue of registration. These rights are transferrable in nature. Initially the concept of copyright protection was not much developed and then the Judiciary has presented new versions of Copyright Protection through interpretation in various cases. One of the major interpretations is that the originality of idea is not necessary rather the original expression of thought or of idea is required to get registered.

We hope all of your doubts relating to copyright registration in India, Copyright registration process and Copycopyright registration fees in India are solved. In case of any further clarifications on Copyright registration, contact your trustworthy advisors Manthan Experts by dialing +91-9643-969-969. 

In case of further query or for Copyright Registration, Contact Team Manthan Experts for immediate assistance.

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