Overview - Copyright Registration
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Copyright is an intellectual property right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Copyright protects the expressions and not the ideas. There is no copyright in an idea.
Objective of Copyright Registration protect the owner of the copyright from the dishonest manufacturers, who try to confuse public and make them believe that the infringed products are the products of the owner. Also, Copyright Registration wants to discourage the dishonest manufacturers from encash the goodwill of the owner of the copyright, who has established itself in the market with its own efforts.
What is Copyright?
"Copyright" is a kind of intellectual property granted to the authors or creators of original works of literary works including computer programmes, tables and compilations, dramatic, musical and artistic works, cinematographic films and sound recordings.
Copyright subsists throughout India in the following classes of works:
- Original literary, dramatic, musical and artistic works including Computer programmes,
- Cinematograph films; and
- Sound recordings.
Copyright protects the rights of authors, i.e., creators of intellectual property in the form of literary, musical, dramatic and artistic works and cinematograph films and sound recordings. ‘Author’ is the first owner of copyright in a work.
Copyright Registration Procedure in India
Procedure of Copyright Registration in India is as follows:
- An application is to be made to the Registrar of Copyright in the prescribed Form.
- Separate applications should be made for registration of separate work.
- Pay required fee as per Copyright Rules.
- The applications should be signed by the applicant or the Power of Attorney holder of applicant. Power of Attorney should also be filed.
Timeline for Processing Copyright Application
After filing the application, a Diary Number will be allotted to the application. you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim that particular work is created by you.
Scope of Copyright Registration
Published and In published works can be registered as Copyright. If the work is unpublished, a copy of the manuscript has to be sent along with the application for getting it certified by the office of the Copyright Office as proof registration.
Copyright Registration of Website / Computer Program
Copyright application can be filed for website and computer program. Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases.
‘Source Code’ has also to be supplied along with the application for registration of copyright for software products. Copyright protection prevents undue proliferation of private products or works, and ensures the individual owner retains significant rights over his creation.
Period of Copyright
Literary, dramatic, musical or artistic works enjoy copyright protection for the life time of the author plus 60 years after his death.
Photographs, cinematograph films, sound recordings, works of Government, public undertaking and international organisations, the term of protection is for 60 years from the year in which the work has been first published.
Assignment of Copyright
The owner of the copyright of an existing work the copyright in a future work can be assigned to any person. Assignment can be either whole or part subject to limitations for the whole period of copyright or part thereof. In case of assignment of copyright in any future work, the assignment will be effected only when the work comes into existence.
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Copyright Registration - Requirements
Compilation of Data and Details
First the data and details of applicant to be collected with details of upon the type of work to be copyrighted.
Filing of Application for copyright registration
Copyright registration application to be filed in Form XIV with the Copyright Registrar with the particulars of the work. Separate copyright applications may have to be filed. The application form must be signed by the applicant and the application should be submitted by the Copyright Agent with a Power of Attorney. We will prepare the copyright application and will submit the required forms with the Registrar of Copyrights.
After submission of application online, the Registrar will be issue the Diary number to the application.
Copies of Work to be Submitted.
After submission of electronic application, we have to send three copies of copyright work with authorization letter to the Registrar of Copyrights by post. If the work is unpublished, two copies of the manuscript are required to be sent to the registrar and one copy will be returned to the applicant acknowledgement. Alternately, the applicant can send only the extracts of the manuscript instead of the whole unpublished copy.
Review by Copyright Examiner
There is a mandatory waiting time of 30 days for objections by the Registrar. Then the registrar Reviews the application for discrepancies and/or objections.
Discrepancy Notice by Copyright Examiner
If there is any discrepancy or objections, the Registrar will issue a discrepancy notice to the applicant.
Reply to Discrepancy Notice
If the registrar issues a discrepancy notice, the applicant has to comply the instructions and reply the notice within 30 days from the date of issuance of the notice.
Copyright Registration Certificate
Once the registrar is satisfied with reply to discrepancy notice, the Copyright Office shall issue the Copyright Registration Certificate.
- File the Copyright Registration Form the Form XIV
- Fill-up the Statement of Particulars of Copyright
- Power of attorney to be executed in favouirof a Trademark / Copyright Agent
- Fill-up the Statement of Further Particulars. This form is applicable for “LITERARY/ DRAMATIC, MUSICAL AND ARTISTIC”
- Hard copies of work with copy of “Acknowledgement Slip” and “Copyright Registration Form”, to be send to the Copyright Registration office.
- Separate applications should be filed for each work along with the required Fee.
Literary Works such as Books, Software / Computer Programme
Dramatic and Musical work (i.e. Drama, Skit, Play, Movie etc.
Artistic work (i.e. Logo, monogram, design etc.
Web Site Design and Web Contents / Mobile applications
Sound Recording (i.e. A Cassette or a Record)