How to Copyright a song in India?- Step by Step Process

Copyright is the right given to the creator of work for protecting it from being copied. The creator uses the copyright to make money by selling their creation. In some cases, the creator can grant the permission to copy the work. If permission is not taken it will be considered as a violation or infringement of copyright. This, in the future, allows the creator to do the copyright registration. It is very important to copyright a song in India for protection of our creative work.

Here in this article, we will discuss about copyright, how to copyright a song in India the procedure and much more.

Copyright Act in India

Music is something which soothes and refreshes one’s mind and soul. But at the same time, if the lyrics of the song or the music is copied, it becomes annoying for the listener and bothersome for the creator of the original song.

It is very important to copyright a song in India since it is mandatory to do so under the Copyright Act. The concept of copyright was introduced in India in the year 1957. The Indian Copyright Act 1957 governs the system of copyrights in our country. It ensures that anyone’s ideas and inventions is not copied anywhere else. Copyright varies for different countries, and it can be 50 to 100 years after the creator’s death, depending on the country. It also prescribes a rigorous punishment for the violation of the intellectual property. The same thing goes for the copyrighting of the song.

How to copyright a song in India?

A creator would never like his/her ideas, invention, or creation to be copied. Here in a step by step procedure for copyright of song in India-

1. Firstly get your song recorded. One can use a CD, USB drive, MP3 or write at the sheet music.  When it gets recorded, we need to get is registered.
2. Appoint a Copyright lawyer. The lawyer will register an account at the copyright office or website. The lawyer do the following things –
3. Filing of application along with the fee( DD/IPO)
4. Issue of Diary no.
5. 30 days mandatory waiting for objection.

Here two cases arise:

• Objection: If there is an objection, then the letter is sent to both the parties. The parties will reply for the same. After that, there will be hearing from the registrar in which he issues a discrepancy letter to the applicant. He has to make a reply. If the Registrar deems fit the application then he grants the registration. On the approval of the application, the applicant will receive the extract. And if he rejects the application, he sends a rejection letter to the applicant. That’s it.
• No Objection: If there is no objection, the examiner will scrutinize the details. The Registrar of Copyright approves the copyright if there is no discrepancy. After the approval of registration, the applicant sends to submit the extracts. And if in case a discrepancy arises, the Registrar issues discrepancy letter to the applicant. The applicant will then reply. There is a hearing infront of the Registrar, if the registrar approves the registration, he further sends the extract to the applicant. If he rejects the application, he sends a rejection letter to the applicant.
• The applicant needs to pay a registration fee after this.
• Submit the copy of the song to the council.
• The final process of registration takes some time. Wait till then.

How long does the copyright last?

Copyright Protection lasts for 60 years. But remember the moment the creator dies, the period of 60 years is counted after the death of the creator. Any work created after January 1, 1978 copyright protection lasts till the creator is alive plus more 70 years.

Punishment for violating the right

Copywriting is one of the major crimes which dismantle the art of the creator. The punishment is imprisonment for up to 3 years and a fine of 2 lakh rupees. The registration process is not mandatory, but when any issue arises, and the matter is being escalated to the court, it serves as a strong and the most important evidence in favor of creator or author.

Rights of singer under Copyright Registration

If the singer or the creator has given the right to the others for commercially utilizing it, then the singer cannot claim for the royalty claims. Except for the copywriter, everyone else needs to get permission and pay a royalty to the creator of the music.

Conclusion

Copyright only applies to the original work that needs to be in intangible form. If a creator creates the product, it requires significant mental activity. Copyright does not only apply to the songs. Moreover anything can be copied from the lyrics of the song to the content of any blog, design of any apparel, movie’s content. And this is termed as Copyright infringement. Brand name, logos, Domain names, and titles does not come under the copyright act.

For anything related to copyright registration, reach us at LawyerInc.