A Complete Procedure for Copyright Registration in India
Copyright registration is a right available under the Copyright Act,1957 to protect original work of any individual in the field of literature, music etc.…This Act has been amended from time to time to bring the Act in conformity with WIPO treaties which are the WIPO copyright treaty and WIPO Performances and phonograms treaty. Amendments in the Copyright Act also provides protection of an individual work in the current digital environment in India. The copyright office is governed by Registrar of Copyright appointed by the Central Government of India. Copyright registration can be done online also in India.
Copyright And Works Which Are Covered Under The Copyright Act
Copyright is an exclusive right that gives the owner of the property the legal right to use under Section 14 of the copyright act 1957. Owner of Copyright can provide a license to use his Copyright also. These rights include the right of reproduction, right to do translations, right of publications, etc..
The following works under section 13 of the Copyright Act 1957 are protected with Copyright provided they are original works and not copied from other sources:-
- Artistic works like paintings, graphics, dramatic works etc.
- Literary works like books, computer programmes, website etc.
- Musical works such as songs, musical works etc.
- Cinematograph films or dramas, other audiovisual works
Why Is Copyright Registration Necessary?
Copyright registration allows a person to be the owner and gives the exclusive right to that person to use and do business.
Let’s discuss the importance and the reason why copyright registration is necessary:
- It gives legal protection to the owner against its illegal use.
- It provides ownership to the person who is responsible for the creation of the creative work, which assists in claiming the authority over the work and protects the ownership of the work from any kind of dispute.
- Copyright gives the owner the sole right to reproduce, distribute, translate, disseminate the work.
- Copyright registration gives the right to institute a suit in case if somebody illegally using the owner’s Copyright.
- In a copyright infringement dispute, the certificate of registration of Copyright is considered as “admissible evidence” in the court of law. These serve as prima facie evidence in a matter of dispute relating to ownership of Copyright.
- When the Copyright is registered, the court gets the authority to award special damages and other legal costs incurred during the infringement suit.
- Having a copyright registration can help in creating goodwill among the public.
- Your work that is copyright protected gives you global protection.
- The copyright holder shall have the right to disseminate his work through selling, lending, renting etc.
Documents Required For Copyright Registration In India
These are the documents which are required for registration of Copyright in India:-
- Two copies of work
- Signature of applicant
- No objection certificate from the author, if an applicant is different from the author
- No objection certificate from a publisher if work published and publisher is different from applicant
- Trademark certificate, if the work is being used on goods or capable of being used for the products.
- DD /online payment of a fee (as applicable on particular work)
- Power of attorney is required if an application for copyright registration being filed through an attorney.
- In the case of cinematograph films and sound recordings, NOC from various copyright holders or copy of an agreement (deed of assignment) is required.
- In the case of software copyright, Source code and object code of work for verification are required.
- Applicant should also ensure that no obscene material is available in the CD submitted along with the application.
- NOC from legal heirs if the author is deceased.
Procedure Of Copyright Registration In India
These are the procedural steps for online filing of an application for copyright registration:
- An applicant can apply online for copyright registration.
- Then an applicant needs to create user ID and Password for filing an application for the copyright registration. This can be used further even for more filings.
- Once login credentials generated, click for online copyright registration
- Then copyright registration form needs to be filed carefully, and it is in 4 steps.
1.Complete the Form XIV, under Rule 70 of the Copyright Act,2012 which require few details to be filled accordingly like Name, address, nationality, communication address of the party etc.… then need to press SAVE button, and press Step 2 to move to further step.
2.Fillup, the Statement of Particulars for which signature to be scanned in 512 kb and kept ready for uploading and description and type of work, need to be mentioned with other details. After completion, press SAVE button, and press Step 3 to move to the Next step
3.Fillup, the Statement of Further particulars which is the third step for copyright registration. After filling the form, press SAVE button, and press Step 4 to move to further step.
4. After this payment of fee need to be paid as per the work.
- After successful payment for registration of Copyright, diary number shall be issued.
- Artistic work to be uploaded in pdf/jpg/png format or Literary/Dramatic Work to be uploaded in pdf format, less than 5 MB, shall be kept ready.
- Afterward, Please take one hard copy (print) of “Acknowledgement Slip” and one hard copy (print) of “Copyright Registration Form”, and along with the hardcopy of work and other required documents send it by post to the Copyright department.
- After applying, one has to wait for 30 days for potential discrepancy or filing of objection against the application. In case any objection is raised, then one has to wait further for registration.
- If the application sails through without any objection, then it paves the way for the copyright registration certificate. If the registrar finds the application correct and complete, he shall further issue a certificate of registration.
Term For Copyright:
The validity of the Copyright is for the lifetime and 60 years after the death of the author. In case the author is anonymous, then it will last for 60 years from the date of publishing of the article.
Copyright has proven to be a great boon for the creative thinkers where their works have been acknowledged and appreciated. Copyright has become a valuable intangible asset among all the Intellectual properties. It has encouraged the birth of many different, but novel, Literary, artistic, musical works. Since, registration of Copyright, the intellect mind has been rewarded by the value that is given to the piece of work created by the creator. Therefore it can be concluded that copyright registration should be seriously considered as it can enhance the value of the original work.