How to get a Copyright Registration? – The Process

Copyright is an exclusive right of the creators, which gives them the freedom to decide what happens to their creation. The process of copyright registration helps the creator to safeguard their right. You can use someone’s work only if you have the permission of the owner of the copyright or if it is legal.

Here in this article, we’ll look into copyright, the importance of copyright registration and the copyright registration process in India.

Introduction to Copyright Registration

Copyright may seem a complex term for a layman, but it is not. It is simply a law which says that if you create something, then you own it. And as the owner of your work, you have the full liberty to decide what happens to it.

Section 14 of The Copyright Act, 1957  defines copyright. Copyright is an exclusive right given for work related to cinematography, literature, software, art, drama, musical work or sound recording. It protects the form and the manner in which an idea was represented. It is applicable to a wide range of innovative and artistic work. The symbol ‘©’ (the letter C inside a circle) is used by the copyright owner who has registered for it.

What is Copyright Registration?

Registration of copyright is a right given to the creators to provide protection to their hard work. It makes you the sole owner of the rights related to the work done, like the right of reproduction or translation etc.  

Copyright covers the material expression and not the actual concept, idea or technique. This is why the work has to be fixed in a tangible form in order to receive copyright protection.

If a work is protected by copyright, no one has the right to imitate, copy or reproduce the original work of the creator in any other way. According to The Copyright Act, the term of copyright in published literary, dramatic, musical and artistic work, the copyright shall subsist within the lifetime of the author until 60 years after the death of the author. A copyright is valid for 60 years.

Copyright is available for the following works:

1. Music
2. Books
3. Manuscripts
4. Films
5. Fashion Designs
6. Training Manuals
7. Software
8. Literary Work
9. Performance
10. Paintings etc

Why should one get their work registered under the copyright law?

Unlike trademark and patents, copyright registration is not mandatory. Under the Indian law, it comes into existence the moment work is created. However, to protect oneself from copyright infringement, it is preferred to get the registration done.

In case of registration is not done, a third party can claim over the hard work of the creator, stating that they have created it much earlier.

As intellectual property is an essential part of the business, it is advisable to register it because it will give certain rights to the owner, and it will also protect the owner’s work from being copied. This will help the owner to do more work and create more items. And lastly, the registration certificate will create a prima facie evidence of the creation of work.

The rights of a copyright owner

The main goal of copyright law is to protect the creativity of the owner of the work. Following are the rights which are given to the owner through copyright registration-

• Right to reproduce the work
• Right to prepare “derivative works,” i.e. prepare other works based on the original work
• Right to distribute copies of the work by sale, lease, or other transfer of ownership.
• Right to perform and display the work publicly.

The copyright owner has the liberty to transfer these rights to others as well.

If someone creates a work for a company or during their course of employment, the creator of the work does not have the copyright for it. The copyright in this situation is given to the employer who has commissioned the work.

What is the procedure to file a Copyright Registration in India?

The copyright registration process is a very easy procedure, which is as follows-

1. The copyright registration process starts when an applicant of the copyright registration files the registration online as well as offline.
2. An application for registration is to be made under Form XIV of the Copyright rules to the office of the Registrar in triplicate with the requisite fees.
3. Registration can be done either online or offline. In the case of unpublished work, the applicant can send a copy of their work. The officer will affix a stamp, which will be proof of registration.
4. After the filing is complete, a diary number is issued and a waiting period of 30 days is there for objections.
5. The application is approved in case there is no objection from the public.
6. If there is any objection, then the letter is sent to both the parties and a registrar of the copyright has to hear the matter regarding the objections.
7. If the objections are dealt with, then verification is done by the examiner.
8. Lastly, after the approval of the application, the certificate is issued.

Conclusion

Copyright, in a way, ensures that the hard work of the creator is safeguarded. It protects the work and rewards creativity. Moreover, it encourages people to create more work. The law promotes creativity through registration, as no society will prosper if there is no creativity. Economic and social development of society is only possible when creative minds are at work. Protection of copyright creates a conducive environment for creativity. And this protection is only available after the copyright is registered.

For more information and assistance in copyright registration, contact our team of expert lawyers at LawyerINC.