Copyright Registration
To prove ownership over copyright and to serve as first impression evidence in the court of law, works can be registered in the Register of Copyrights maintained in the Copyright Office of the Department of Education. To copyright registration application is to be made on Form IV in a requisite manner along with the applicable fee. Both published and unpublished works can be copyrighted.
- In the case of published work, three copies of the published work have to be presented along with the application one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential.
- In case of unpublished work, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered.
Online copyright Process
Once the Copyright Application is filed, you will get a copyright diary number, which is legal proof of your application. Copyright office will keep the application open for 30 days for objection. If no objection is received from any party, it typically takes 8 to 12 months for Copyright Certificate to be issued.
Copyright Protection Validity
- 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.
- In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60 year period is counted from the date of publication.
Copyright application can be signed and submitted by the applicant or an Advocate in whose favour a vakalatnama or Power of Attorney has been executed by the Applicant. In case of application by an Advocate, the Power of Attorney signed by the applicant and accepted by the advocate should be enclosed with the application. In case of registration of multiple works, separate applications should be made for registration of each work along with the requisite fee.
Benefits of Copyright Registration
- Copyright protection creates a public record of the ownership by the copyright holder.
- Copyright protection enables the holder of the copyright to take legal action against infringers in a court.
- If the legal action is taken before or within a certain period from the date of publication, it enables adequate evidence in court relating to the validity of the copyright and the facts that are stated in the certificate of copyright.
- If registration is made within a short span of time the person’s work or at any time prior to the infringement of the copyrighted work, the copyright owner is permitted to claim statutory damages in a high court. Without the process registration, only an award related to actual damages and profits will be made available, and these can be quite complicated to prove in a court of law.
- Permits the copyright owner to record the registration with Indian Customs to help in protection against the importation of infringing copies into India.
- Copyright protection provides a very important motivation for the creation of several intellectual works. Devoid of copyright protection, it would be simple for others to take advantage of these works without paying any royalties or remuneration to the title-holder of the work. Copyright, therefore, encourages enterprise and enables an encouraging climate to motivate economic activity.
- Copyright protection renders benefits in the form of economic rights which entitles the creators to exercise control over the use of their literary and artistic material in various ways such as producing copies, performing in public, broadcasting, use online/on the internet, etc. and to avail an appropriate economic reward.
- Copyright protection enables creators to be rewarded for their originality and venture consequently.
- Copyright also enables moral rights to be identified as the creator or the author of definite kinds of material (known as the paternity right), and raise an objection to the distortion and mutilation of the right. An author’s right to object to the adaptation or derogatory action in relation to his or her work is referred to as an integrity right.
- Registration and entitlement to copyright will display the validity of your copyright if it is registered within a period of five years of publication. This can help avert future challenges to your works related rights.
- One can use, reuse and reproduce the copies and can sell the copies of the work that is copyrighted.
- One can deal in the imports or exports of whole or part of the work with copyright protection.
- One is liberated to create any derivative work from the copyrighted work.
- One can openly exhibit his work with copyright protection.
- One can sell or pass on the rights of the work to the other person with copyright protection.
- One can deal in transmitting or the display of work by radio or video with copyright protection.
How is it Done?
- Copyright can be applied for Website content, Software codes, Books, Marketing materials, Videos, Photographs, logo design and Song recordings.
- One can make a copyright application to Copyright office in India which is a Government Office responsible for registration of Copyrights.Consult ca will make it easy for anyone to make a copyright application.
- Once the Copyright Application is filed, you will get a copyright diary number, which is legal proof of your application. Copyright office will keep the application open for 30 days for objection. If no objection is received from any party, it typically takes 8 to 12 months for Copyright Certificate to be issued.
Documents Required
- 2 Copies of work
- DD/IPO of Rs. (as applicable) per work
- NOC from author if applicant is different from author. NOC from legal heirs if author is deceased
- NOC from publisher if work published and publisher is different from applicant
- Search Certificate from Trade Mark Office (TM -60) if the work is being used on goods or capable of being used on the goods
- NOC from person whose photograph appears on the work
- A specific Power of Attorney in original duly signed by the applicant and accepted by attorney
