Copyright is a law that provides the legal right to a person to save their work through Registration. Copyright Registration in India is an essential element in protecting the innovation of a creator. This innovation could be anything such as a song, film, book, drama or artwork. Getting Registration helps to safeguard the originator’s intellectual property and provides several financial benefits.
Copyright is a fundamental concept that protects the work of creators. It gives them exclusive control over how their creations are used, shared, and reproduced. Beyond understanding the core concept of copyright, this article will explore the significance of copyright registration. This process ensures legal protection and empowers creators to have greater control over their work. Whether you are a creator seeking to protect your content or an enthusiast interested in the legal aspects of creative expression,
What is Copyright?
Copyrightis a legal term that refers to the exclusive rights granted to the creator or owner of an original work. It is a form of intellectual property protection that grants the creator the exclusive right to reproduce, distribute, display, perform, and modify their work. These rights typically apply to various forms of creative expression, such as literary works, music, art, films, software, and more.
What kind of work can be registered using a copyright?
In India, copyright can be taken for original works that fall in the area of:
- Musical works,
- Literary works like books and manuscripts,
- Cinematography films,
- Fashion designs,
- Artistic works like paintings,
- Performances,
- Software and other computer programs and compilations, etc.
However, it must be remembered that copyright does not protect titles, names, ideas, concepts, slogans, methods, and short phrases.
What is Copyright Registration in India?
Copyright Registration in India is a legal procedure for protecting a person’s innovation or original work. Indian Copyright Act 1957, permits to prevent any creative work through Copyright Registration. The Copyright also provides many exclusive rights and serves as legal proof of ownership.
The Copyright denotes the symbol ©, which mentioned the work is Copyrighted and saves from piracy. However, Copyright Registration in India also provides several benefits such as legal protection, serving as public notice and infringement lawsuits.
Copyright Registration in India covers broad categories of creation or work such as literary work, sound recording, cinematography films, photography, artistic work, computer-generated work and musical work. The duration of the creation’s Copyright is for the lifetime of the owner and 60 years plus from his/her death.
What Can You Copyright? Understanding the Categories
Copyright is a valuable tool for safeguarding a wide range of creative works. The Registrar of Copyrights maintains a comprehensive register that is divided into six distinct categories, each tailored to specific types of intellectual property:
- Literary Works (Excluding Computer Programs): This category encompasses many written creations, from novels and poetry to essays, articles, and more.
- Musical Works: Musical compositions, including melodies, lyrics, and sheet music, fall under this category.
- Artistic Works: Visual creations such as paintings, sculptures, drawings, and other artistic expressions enjoy copyright protection.
- Cinematography Films: Copyright extends to films, ensuring the protection of audiovisual works.
- Sound Recordings: This category covers the audio recordings of music, speeches, and various other sound-based creations.
- Computer Programs, Tables, and Compilations: Software, data compilations, and tables are safeguarded by copyright, ensuring the protection of digital innovations.
Benefits of Copyright Registration
- Safeguarding the Owner: Copyright registration provides copyright owners exclusive rights over their work, encompassing reproduction, distribution, adaptation, dissemination, and translation.
- Legal Protection: Creators benefit from legal protection, ensuring their work cannot be reproduced without proper authorization.
- Enhancing Brand Value: A registered copyright serves as proof of ownership, allowing creators to use it for marketing purposes and contributing to goodwill creation.
- Global Reach: Copyright protection extends internationally. If a work is copyrighted in one country, it enjoys similar privileges in other countries, including India.
- Copyright as an Asset: Copyright is considered an intellectual property asset, making it an intangible resource that can be sold or licensed, adding economic value.
- Owner Visibility: Copyright registration raises the work profile, making it accessible worldwide and searchable in copyright registries. It also prevents unauthorized use of the work once registered.
- Economic Stability: Copyright registration promotes economic stability, enabling creators to reproduce and monetize their art in various forms, contributing to their financial well-being.
How Long Does Copyright Protection Last?
copyright registration, copyright protection typically endures for the author’s lifetime plus an additional 60 years after the author’s death. This duration ensures that the creator’s work remains safeguarded and continues to benefit their heirs or assigned rights holders for a substantial period.
Copyright Symbol
Once you’ve obtained copyright registration, you can use the copyright symbol (©) to indicate that your work is protected by copyright. This symbol serves as a clear notice to others that the work is under copyright protection and can help deter unauthorized use or reproduction of your creative work.
Legal Rights of a Copyright Owner
- Claiming Authorship: You can claim authorship of your published work, asserting your paternity over the creation.
- Reproduction and Storage: The owner can reproduce the work in any tangible form and store it in any medium through electronic means.
- Control Over Publication: You can decide where and where not to publish your work, exercising the publication right.
- Public Performance and Communication: The owner may publicly perform or communicate the work to the public. You also have the authority to create translations or adaptations of the original work.
- Protecting Reputation: In case of any potential harm to your image or reputation, you have the right to take necessary preventive actions.
- Selling or Transferring: The owner can sell or transfer the copyright, granting others the rights to use, reproduce, or adapt the work as specified in the transfer agreement.
These legal rights empower copyright owners to manage and protect their creative works while allowing them to control their intellectual property.
Documents Required for Copyright Registration in India
- 2 Copies of the Work
- Demand Draft (in case of Offline Registration)
- NOC from Author/ Various Copyright holders/ Publisher
- Power of Attorney (if the application is filed by any attorney)
- Identity Proof of the applicant (ex- Aadhar card, PAN card, etc)
Process of Copyright Registration in India
Access the official website
Visit the Official website of the Copyright Office. Log in with your valid User ID and Password. If you still need to register, click on “New User Registration. Make sure to note down your User ID and Password for future reference.
Submission of Application
An application containing all the necessary particulars and a statement of the particulars must be prepared in the prescribed format (FORM XIV).
- After logging in, click the “Click for Online Copyright Registration” link. The online “Copyright Registration Form” requires completion in four steps:
- Fill out Form XIV, then click “SAVE” to save your entered details, and proceed to Step 2
- Prepare a scanned copy of your signature for uploading.
- Complete the “Statement of Particulars” and click “SAVE” to save your entered details.
- Fill out the “Statement of Further Particulars. This form applies to “LITERARY/DRAMATIC, MUSICAL, ARTISTIC, AND SOFTWARE” works. Click “SAVE” to store your entered details and proceed.
- Make Payment: This application and the requisite fees outlined in Schedule 2 of the Copyright Act are then forwarded to the copyright registrar. Use the Internet Payment Gateway to make the required payment.
It’s important to note that a separate application is necessary for each distinct work. Additionally, the applicant and an Advocate holding a Vakalatnama or a Power of Attorney (POA) must sign every application.
Dairy Number Issuance
Upon receiving the application, the registrar will issue a Dairy Number, marking the initiation of the copyright registration process. Subsequently, there is a mandatory 30-day waiting period for any potential objections to be submitted.
Finally, print one hard copy of each of the “Acknowledgement Slip” and the “Copyright Registration Form” and send them by post to the following address:
- Copyright Division
- Department For Promotion of Industry and Internal Trade
- Ministry of Commerce and Industry
- Boudhik Sampada Bhawan,
- Plot No. 32, Sector 14, Dwarka, New Delhi-110078
- Email Address: copyright[at]nic[dot]in
- Telephone No.: 011-28032496
Copy Right Objection Handling
If no objections are raised within 30 days, a scrutinizer will assess the application for any discrepancies. If no differences are found, the registration will proceed, and an extract will be provided to the registrar for entry into the Register of Copyright.
Objection Resolution
If objections are received, both parties will receive a notification from the examiner outlining the objections. A hearing will be arranged to address these objections.
Application Scrutiny
Following the hearing and the resolution of objections, the scrutinizer will meticulously review the application if applicable. Subsequently, they will either approve or reject the application, depending on the specific circumstances.
Copyright Registration Certificate
Once the application is approved, the relevant authority will issue the copyright registration certificate. In the usual course of events, the entire process typically takes approximately 2 to 3 months to complete.
Checking the Status of Copyright Registration Application
- To verify the status of your Copyright registration application, follow these simple steps:
- Visit the website of the Copyright registrar and locate the “Status of Application” section.
- Provide the diary number you received upon submission, which is also referred to as the acknowledgment number.
- Submit this information, and you will receive the current status of your application.
FAQs
What is copyright registration?
Copyright registration is the process of officially registering a creative work with the government to obtain legal protection for it.
Why should I register my copyright?
Registering your copyright provides several benefits, including the establishment of a public record of your ownership, the ability to bring a lawsuit for infringement, and eligibility for statutory damages and attorney’s fees in case of infringement.
What types of works can be copyrighted?
Copyright can be granted to various types of creative works, including literary works (books, articles, etc.), artistic works (paintings, photographs, etc.), musical compositions, dramatic works, and computer programs, among others.
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