How to Obtain Copyright Registration in India?

Copyright is the right given to the inventor/author of the work in the field of literature, drama, music, fashion industry, or any other artistic work, sound recordings, and many more. The Copyright Act, 1957 came into effect in India from January 1957. It ensures that anyone’s ideas and inventions are not copied anywhere else. Depending on the country, Copyright varies for different countries, and it can be 50 to 100 years after the creator’s death. However the copyright registration in India is completely an online process.

Different Kinds of work that are protected under the Copyright are

Literary Works – Literary works that include computer programs, books, articles, tables, and databases.

Artistic work – Artistic works that include paintings, sculptures, drawings, photographs, or any other work of exquisite craftsmanship.

Musical work – Musical works that include music and or any written work like lyrics of the song by lyricist, composer, and rights of the singer.

Sound Recording – A kind of recording from which sounds are produced irrespective of the medium. Example like sound recordings fixed in a CD-ROM, DVD – ROM, USB Drive.

Cinematography Film – Any moving image accompanied by a sound like movies and songs.

Who all can apply for the Copyright Registration in India?

To obtain Copyright Registration in India is a step by step process. It can be obtained by Creator of the work, the person who authorises the work, employer of the creator, artists, designers, musicians, cinematograph films and computer software, etc.

Things that can be protected under Copyright

All the intangible properties like literature, music, art, photography, cinema or a computer program come under the Copyright. It also includes lyrics of a song, tunes, pictures, graphics, sculptures and recordings, dramas, signatures, etc.

Also Read : How To Copyright A Song In India?- Step By Step Process

Is it mandatory to register a work to claim Copyright?

Most people have the misconception that one needs to have a copyright registration certificate to get it protected from being copied. But in reality, Copyright is automatic and does not require any formality. However, one should have the copyright registration so that they can provide this as a shred of evidence in the court with reference to the dispute relating to the ownership of rights.

Steps for Copyright Registration

A creator/author would never like his/her ideas, inventions, or creation to be copied.

• The application for the registration of Copyright is filled with the attached documents at the web portal. The demand for copyright registration must be made to the Central Public Information Officer(CPIO).  A fee of Rs 10 by Indian Postal Order(IPO) or DD is payable to “Pat and Accounts Officer(PAO).
• Individual separate applications should be made for more than one work.
• The required fee is provided in the second schedule to the copyright rules.
• After submitting the registration form, a Diary Number will be generated for future reference.
• Thirty days after the registration process, one can expect the objection or discrepancy correction notice. Or else one can cross the Zero Discrepancy.

If any discrepancy is found during stage with zero differences.

• On finding any discrepancy during scrutiny, a letter or notice will be sent to the concerned person. A hearing will be held in regard to this, and the query will be resolved. After that, it will be sent for registration.

• However, if zero discrepancies, one can go ahead with further procedures.

Rejection of Application

A letter of rejection of the copyright registration will be sent to the applicant.

Copyright Registration Certificate

Once the application is approved, a certificate of copyright registration will be issued.

How long does the Copyright Registration last?

Any work created after January 1, 1978, the copyright protection registration lasts until the creator is alive plus more than 70 years.

Works related to literary, dramatics, music, artistic, etc. the validity will be lifetime plus 60 years that is the validity will be counted from the day of the death of the owner plus 60 years.

However, in the field of cinematography, recording, photography, government-related, international records, the validity period starts from the date of publication of work.

Punishment for Violating the Rights

Copywriting is one of the crimes which can hurt the sentiment if the original creator/author. sThere is a rigorous punishment for the violation of intellectual property. The penalty may be imprisonment for up to 3 years or a fine of 2 Lake 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 crucial evidence in favor of the creator of the author.

Conclusion

Significant mental activity is required while creating original content or artistic work, and this should not be wasted in the hands of those people who copy this. 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 called Copyright Infringement. Brands, logos, domain names, and titles do not come under the copyright act. So, copyright registration in India provides an essential motivation for the creation of several intellectual works and hence must be encouraged for any kind of artistic practice.

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

Also Read : Ultimate Guide To Copyright Infringement