What is Copyright and Copyright Registration?
Copyright confers upon the owner the special rights to copy or reproduce the work or grant a person or people to do so. Copyright registration is applicable to literary items like books, scripts, and software and audiovisuals, including music, movies, and photographs.
Copyright registration is a legal registration for the protection of your work. The copyright is usually owned by the creators, but in some cases, it is owned by the employers also who have commissioned the work. The Copyright Act, 1957 rules over the copyright registration in India.
With copyright registration, one becomes the official legal owner of their creative work relating to books, paintings, music, video, paintings, website, mobile applications, etc. Additionally, this ensures that there is no imitation of the creative hard work, and no person is authorized to use the same without permission of the creator.
Time Frame for Copyright Registration
3 business days: After availing our services, our case manager will get back to you and take your request further. After receiving all the details about your case, an expert lawyer will be assigned to your case.
2 business days: Our experts will prepare the application and submit documents
3-12 Months: On completion of the copyright application, one will receive a diary number. Registration will take 3-12 months from this day depending on objections filed.
Difference between Copyright and Trademark
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Copyright
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Trademark
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Who needs protection
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Authors, artists, choreographers, and other creative professionals.
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Owners of business and products.
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What is protected
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The expression embodies in the copyright is protected.
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Consumer recognition and protection of goodwill.
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Requirement
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It should be original
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It should be used in commerce
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Term/ period
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Lifetime and Till 60 years after the death
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Renewed 10 years
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Essentials of Copyright
- It safeguards the rights of the owner from infringement of copyright.
- It gives legal protection because of which any third person cannot use the copyright without the owner’s permission.
- The creators have exclusive rights for the reproduction, distribution, adaption, dissemination, and translation of work.
- Moreover, copyright creates brand value, and this can be used for marketing and creating goodwill.
- Copyright gives global protection.
- Copyright registration makes the owner known across the world as it becomes searchable in the copyright registry database.
- Copyright is an intangible asset, therefore it can be sold or franchised.
- Lastly, the copyright registration process ensures that the owners has economic stability and create or reproduce his work in whatever form he likes.
What is required to be copyrighted?
The following works are required to be copyrighted-
- Artistic works ranging from painting, graphics, to sculptures
- Cinematograph
- work like movies
- Sound and Musical work
- Literary works, for ex. books, computer programs, website, etc.
- Dramatic works like scripts for films/dramas
Who Owns a Copyright?
The creators of the work own the copyright, but it can be owned by the employers also who have commissioned the work. Copyright is transferrable.
The validity of Copyright Protection
Copyright registration is valid for the life of the creators and 60 years after the death of the creators.
Procedure for Copyright Registration in India
- Preparation of Copyright application. It takes approx. 2 to 4 working days.
- User Registration- copyright registration is done on the government website. After successful completion of registration, the user will receive a login ID and password.
- Filing of Copyright Registration Applications- The application is made in Form XIV along with prescribed fee and signature of the applicant. Power of attorney is also submitted if required.
- Submission- After the submission of necessary documents, one gets a dairy number.
- Mandatory waiting period- One needs to wait for 30 days after he receives the diary number for any objections that can be filed in the copyright office against the applicant. In case there are any objections, it will take another one month for checking where the registration can be done or not.
- If there are no objections within 30 days, the application is examined by the examiner for checking the requirement of submission of any documents. After this response to the examination report has to be done within 30 days.
- The copyright registration certificate is issued if approved by the authorities. This whole procedure takes around 3 months to complete.
Documents Required for Copyright Registration
Indian Copyright Act, 1957 governs whole of copyright registration. Following documents are required for copyright registration.
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Type of Work
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Document required for copyright registration
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Artistic
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- 2 Copies of work to be registered
- DD/IPO of Rs. (as applicable) per work done.
- If the applicant is not the author, then the NOC from the author is required.
- If the applicant is different from the publisher, then a NOC from the publisher if work published.
- Search Certificate from Trade Mark Office (TM -60) is needed if the work is being used for goods or is capable of being used on the goods.
- There is a requirement of NOC from a person whose photograph appears on the work.
- If filing an application with an attorney, one needs a specific power of attorney signed by the applicant and accepted by the attorney.
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Cinematograph Film
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- 2 Copies of work to be registered.
- DD/IPO of Rs. (as applicable) per work done.
- NOC is required from various copyright holders or copy of the agreement (deed of assignment).
- NOC is required from the publisher if the applicant is different from the applicant.
- If an attorney files the application, there is a need for a specific Power of Attorney signed by the applicant and accepted wholly by the attorney
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Music
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- 2 Copies of work including the Graphical Notes
- DD/IPO of Rs. (as applicable) per completed work
- NOC issued by the publisher if work published and publisher is different from the applicant.
- If the applicant is different from the author, a NOC from the author is required.
- If the application is filed through an attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney is needed.
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Literary/Dramatic
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- 2 Copies of work done.
- DD/IPO of Rs. (as applicable) per work
- If the applicant is not the publisher, then a NOC from the publisher is needed.
- NOC from the author is needed if the applicant is other than the author.
- If an attorney has filed an application, a specific signed Power of Attorney accepted by the attorney is needed to be submitted.
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Sound Recording
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- 2 Copies of work
- DD/IPO of Rs. (as applicable) per work
- NOC is required from various copyright holders or copy of the agreement (deed of assignment).
- If the applicant is different from the publishers, then a NOC is required from the publisher.
- If the application is being filed through an attorney , one needs a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
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Software
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- 2 Copies of work
- DD/IPO of Rs. (as applicable) per work
- If the applicant is not the author, then a NOC from the author is to be submitted.
- If the work is published and the applicant is different from the publisher, then a NOC from the publisher is required.
- If the filing of application is through an attorney, then a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
- Source code and object code of work are needed for verification.
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How can we check the status of Copyright Registration Application?
To check the status of the Copyright application, one needs to undertake the following steps:
- Visit the official website of the Copyright registrar and then click on "Status of Application."
- After this, you have to put the diary number you received which is also known as acknowledgment number and then submit.
- You will get the status.
Copyright Registration with LawyerINC
- Connect with our team of experts
- Get a callback
- Our Expert will consult you and provide you with a complete document checklist
- Submit the required documents
- Filing of Application with the Concerned Authorities
- Our team will Follow-up with the authorities.
- Track Progress
- End to end service
*Any fee, stamp duty, and miscellaneous charges shall be payable extra.
LawyerINC does not take any charges/tax on government fees. Do contact us in case of any query related to copyright registration and much more.
To avail any of our services, kindly establish contact by posting a query at our site, LawyerINC.
Frequently Asked Questions
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1. For what can copyright be obtained??
SOne can get a copyright for any unique and creative work you do. This could range from a song recording, music video, movie, book, etc.
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2. What do I need a trademark or copyright? What is the difference between the two?
We need a trademark for the protection of the brand name, logo, or slogan. On the other hand, we need a copyright for the protection given to unique contents like music, movies, books, and any other artistic content.
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3. What if after applying for a copyright, someone else copies my content, what is the recourse available?
You can immediately send a legal notice, and after sending the legal notice the problem is not solved then you can file a case against the infringement of copyright. Here at LawyerINC, we can assist you in drafting a legal notice for copyright infringement.
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4. What if someone claims that I have infringed their copyright, what can I do?
If you receive a legal notice claiming that you have infringed their copyright, you can send a reply to the legal notice. We can find you expert lawyers who will assist you in drafting the legal notice.
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5. What are the benefits of taking services from LawyerINC?
At LawyerINC, we have an excellent blend of experts to help you get a copyright registration hassle free. We are committed to offer our services to various entities at a reasonable price. Our focus is to provide quality services to our clients.
