Trademark-Copyright Registration

Overview

Copyright pertains to the ownership rights associated with literature, theater, music, artwork, sound recordings, and various other creative works. The process of copyright registration bestows a range of rights upon the creator, encompassing reproduction, public dissemination, adaptation, and translation of the work.

What is Copyright Registration?

Copyright registration serves as a safeguard, ensuring that the creators' entitlement to ownership and the benefits derived from their creations are upheld, thereby safeguarding and acknowledging the realm of creativity.

With the growing understanding of intellectual property laws, there has been a substantial surge in intellectual property registrations in India. Among the most crucial forms of intellectual property protection is copyright registration.

The Copyright Act of 1957 governs the copyright registration process. It ensures that the creative work of the author cannot be duplicated without their explicit consent. The author retains the right to levy charges for the utilization or alteration of their work. Copyright protection lasts for 60 years.

Benefit

Legal Ownership Proof: Copyright registration provides indisputable legal proof of your ownership, enabling you to exercise various rights associated with copyright, including reproduction, distribution, public performance, broadcasting, translation, and adaptation.

360-Degree Protection: This comprehensive protection helps safeguard against infringers.

Authenticity: Government-accredited registration adds authenticity to your work, helping audiences distinguish between pirated copies and originals. This is particularly crucial in the era of online piracy and UGC copying.

Protection Against Infringement: Copyright registration offers legal recourse if your work is infringed upon. Remedies include civil remedies (damages, injunctions, etc.), criminal remedies (imprisonment and fines), and administrative remedies (import bans on infringing copies).

Motivates Creativity: Public records of copyright ownership acknowledge creators' inherent rights, motivating them to produce more art. Strong protection allows creators to focus on their next projects with confidence.

Monetary Benefits: Copyright owners can monetize their rights by licensing their work to third parties for financial gain. Combating piracy also helps prevent financial losses.

Copyright Owner's Rights:

Reproduction: Copyright registration confers exclusive rights, preventing others from making copies or reproducing the work without the owner's consent.

Adaptation: The creator can freely modify, create derivatives, or adapt their original work as they see fit, even in different formats.

Communication to the Public: Owners can broadcast their work to the public, using visual signs or images as desired.

Public Performance: Owners of artistic and musical works can publicly perform their creations, whether through live performances or various platforms.

Paternity and Integrity: Creators have moral and ethical rights. "Paternity" allows them to claim sole authorship, while "integrity" enables them to seek damages if their work is mutilated, altered, or distorted.

Distribution: The Copyright Act permits owners to distribute their work in any form they choose, and they can also transfer certain rights to others for use.

Tax & Process

Documents Required

Required Documents for Copyright Based on Work Type:

Artistic:

• Two digital copies of the artwork.
• Demand Draft.
• No Objection Certificate (NOC) from the author/applicant.
• NOC from the publisher (if the work is published and the publisher is different from the applicant).
• Search Certificate issued by the Registrar of Trademarks.
• NOC from the person whose photograph appears in the work.

Cinematograph Film:

• Two digital copies of the film.
• 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).

Music:

• Two digital copies of the musical work.
• 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).

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 different from the applicant).
• NOC from the author (if the applicant is not the author).

Sound Recording:

• Two digital copies of the sound recording.
• 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).

Procedure

• Fill out the appropriate copyright application form for your specific work.
• If you have different types of work, you may need to submit separate applications.
• Sign the forms, and if you have a legal representative (Advocate), they will submit the application on your behalf as per the Power of Attorney (POA).
• Prepare the copyright registration application and submit the required forms to the Registrar of Copyrights.
• You will receive a diary number once the online application is submitted.
• During a 30-day waiting period, a copyright examiner will review your application for any potential issues or discrepancies.
• If there are any problems, you will receive a notice, and you have 30 days to address it. Both parties may be called for a hearing.
• Once the issues are resolved or if there are no objections, your copyright is officially registered, and the Copyright Office will provide you with a registration certificate.

FAQ's