Overview
Copyright is the rights of ownership of literature, theater, music, art, sound recordings, and other creative works. Copyright registration gives the creator a bundle of rights which includes reproduction, public show, modification and translation of the work.
What is Copyright Registration?
What is Copyright Registration?
Copyright registration is a shield that protects the creators’ ownership and benefits from their creations and acknowledges the creative space. With the increasing awareness of intellectual property laws, there has been a huge increase in intellectual property registrations in India. Among the most important forms of intellectual property protection is copyright registration.
The Copyright Act 1957 governs the process of registration of copyright. It ensures that the authors’ creative work cannot be copied without their consent. Author can charge for use or alteration of their work. Copyright is valid for 60 years.
Benefits of copyright registration
In India, it gives many benefits for creators and IP Owners:
For the Owner: Through online copyright registration in India, owner gets exclusive rights to reproduce, distribute, adapt, share and translate their work.
Strong Legal Cover: A valid copyright registration certificate ensures that work can’t be copied without owner’s permission.
Boosts Brand: A copyright registration is a proof of ownership and can be used in marketing to build brand and goodwill.
Global Protection: Once copyrighted in one country, same work is given similar rights in many other countries including India.
Treat Copyright as an Asset: Recognised as an intellectual property asset, Copyright can be sold and adds financial value to the creator’s portfolio.
Increased Visibility for the Owner: Works having copyright registration are more visible, globally available and easily traceable in copyright databases. This visibility will deter potential misuse.
Financial Security: Copyright enables financial stability by allowing creators to diversify and monetize their content and have recurring income streams.
Documents Required For Online Copyright Registration
Documents Requirement for Copyright Based on Work Type:
Artistic:
- Two digital copies of the artwork.
- Demand Draft.
- No Objection Certificate (NOC) issued by the applicant.
- NOC from the publisher (if the work is published and the publisher is not the applicant).
- Find Certificate issued by the Registrar of Trademarks.
- Get NOC from the person whose photograph is appeared in the work.
Cinematograph Film:
- Two digital copies of the film.
- Demand Draft.
- NOC from various copyright holders are also required for online copyright registration.
- NOC from the publisher (if the work is published and the publisher is not the applicant).
Music:
- Two digital copies of the musical work.
- Demand Draft.
- NOC from the publisher (if the work is published and the publisher is not the applicant).
- NOC from the author (if the applicant is not the author).
Literary/Dramatic:
- Two digital copies of the literary/dramatic work.
- Demand Draft.
- NOC from the publisher (if the work is published and the publisher is not the applicant).
- NOC from the author (if the applicant is different from the author).
Sound Recording:
- You will require Two digital copies of the sound recording for online copyright registration.
- Demand Draft.
- NOC from various copyright holders or an agreement copy.
- NOC from the publisher (if the work is published and the publisher is different from the applicant).
Software:
- Two digital copies of the software.
- Source code and object code of the work for verification.
- Demand Draft.
- NOC from the publisher (if the work is published and the publisher is different from the applicant).
- NOC from the author (if the applicant is not the author).
Detailed Copyright Filing Procedure In India
In order to obtain the copyright registration in India, you need to go through the following process:
An application (Having all the particulars and the statement of the particulars) in the FORM IV format has to be sent to the registrar along with the required fees, which is mentioned in the Schedule 2 of the act. A separate application has to be made for each work.
Every application must be signed by the applicant as well as an Advocate in whose favour a Vakalatnama or a Power of attorney has been executed for copyright filing.
A Diary Number will be issued by the registrar. There will be a mandatory time period of 30 days for any objections to be received.
If there will be no objections made within 30 days, the examiner will check the application for any discrepancy and if no discrepancy is found, then the registration will be done and a copy will be sent to the registrar for the entry in the Copyright Register.
If there will be any objection in the process of copyright filing, then the examiner will send a letter to both the parties regarding the objections.
After hearing both the parties, if the objections are resolved the examiner will scrutinize the application and approve or reject the application.
Proprietorship Registration
