Copyright Registration




What is a Copyright Registration?

Copyright is the right given by the law to the creators of dramatic, musical, literary and artistic works and the producers of Sound recording and cinematograph films. It is a bundle of right including Issues copies of work to the public, communicate the work to the public, perform the work in public, Reduce the work, Make any adaptation of the work, Make any translation of the work, Make a sound recording or cinematographic firm in respect of the work. There could be little variations in the composition of the rights depending on the work.






It is defined as an intellectual property right of an original work owned by an individual, copyright is fixed in a physical medium of the expression, thus enabling the holder to exclusively reproduce, perform, distribute and display the copyrighted work.

The objective of copyright registration is to place on record a verifiable account of date content of the work in question, so that in the event of a legal claim or case infringement or bootlegging. Thus, any producer must apply to register a copyright for the content, media or work they produce to protect it from any infringement.

Advantages of Copyright Registration

1. Copyright protection enables the copyright holder to take legal action against infringers in the court.

2. It allows the owner of the copyright to record the registration with Indian customs to protect against the importation of infringing copies into India.

3. If the registration is made within the short time of publication or at any time before the infringement of the copyrighted work, then, in that case, the copyright owner is permitted to claim the statutory damages in the high court. Without the registration, only an award of actual damages and profits will be available which are quite complicated to prove in the court.

4. One can deal with the export and import of a whole work or a part with copyright protection.

5. With copyright protection, one can sell or pass on the rights of workers to the other person.

6. If the copyright registration is made before 5 years of publication, Builds sufficient evidence in court concerning about the facts stated in copyright certificate as well as the validity of the copyright.

7. Copyright creates a public record of the original work of the owner in the public. It helps to give recognition to the work of the creator in the eyes of the public.

8.Maintaining the record is important so that no two persons can have the claim on the same piece of work.

Disadvantages of copyright

1. Even though it is for the best, the stringent norms and regulations sometimes prevent the new and original content to come out in the market. The punishment that is served as a result of the violation of the copyright of any material is very strict.

2. The cost of getting the copyright registration is very high. Because of this reason, many of the creators are not able to get copyright. The major disadvantage is that a huge cost is imposed on the poor and household who has to get the copyright registration.

3. Copyright key advantage is also its disadvantage i.e. it does not allow you to permit others to distribute or use your work openly even if they are not doing it for any profit.

4. Copyright is owned to exercise the rights that it grants but it does not always guarantee the ownership.

Documents required for copyright registration

Artistic work

  • 2 copies of work

  • NOC from author

  • NOC from the publisher if the publisher and the work published is different from the applicant.

  • IPO/DD of the amount as per the work and quantity per work.

  • NOC from the person whose photograph appears on the work.

Software

  • Copies of the software or program

  • IPO/DD of the amount as per the work and quantity per work.

  • NOC from the publisher if the publisher and the work published is different from the applicant.

  • Source code of work for verification.

Cinematograph film

  • 2 copies of work

  • NOC from various holders of copyright or copy of the agreement

  • NOC from the publisher if the publisher and the work published is different from the applicant.

  • IPO/DD of the amount as per the work and quantity per work.

Steps for Copyright Registration

Step 1: Filing the Application

An application for the copyright needs to be submitted either in DD/IPO along with the requisite fee. Once the application for copyright is filed, a diary number is generated and issued to the applicant.

Step 2: After filing the application, the applicant has to wait for a minimum of 30 days for the recording as well as any object that may come up against the copyright application.

Step 3: The registration only depends on the registrar. Once everything gets cleared from the registrar’s side, the applicant then receives the copyright and has a right to exercise all rights that are given to the owner of the copyright.

Resolve your Queries

1. What is Copyright?

Copyright is a legal right given to protect the usage of your original work. It is the exclusive right of the creator to use, publish and distribute their intellectual work (Books, research, music, etc.)

2. What is the difference between copyright and trademarks?

Copyright and trademark both provide the legal protection to your intellectual property or asset and also prevent them from unlawful usage. Copyright protects literary or artistic works like movies, books, songs, videos or photographs. On the contrary, a trademark protects specific phrases, designs, words, colors and symbols which differentiate a company and a brand from others.

3. Who can file a copyright application?

Any individual who is an owner or the author, or his/her assignee can file an application for the registration of copyright of a work.

4. What are the works that are protected under Copyright?

Musical

Artistic

Literary

Dramatic

Sound recordings

Cinematograph films

5. Is copyright registration mandatory?

Registration of copyright is not mandatory. However, it is advisable to apply for copyright registration because it serves as evidence in the court of law with reference to the disputes related to the ownership of copyright. Also, it makes the process of licensing/assignment of the registered work much easier.

6. Where can copyright application be filed in INDIA?

From August 01, 2014, all copyright applications can be filed online by simply visiting the website of the copyright office at www.copyright.gov.in, or can also be sent by the speed post in the prescribed format.

7. Does copyright apply to titles or names?

Copyright does not protect ideas or concepts. To get the copyright, work must be original. Copyright does not protect titles, names, slogans, short phrases, short word combinations, methods or factual information.

8. How long does it take for the work to get registered by the copyright office?

After filing the application and receiving a diary number, you have to wait mandatorily for 30 days.

9. What is Copyright society?

A copyright society is a registered administrative society under section 33 of the copyright act, 1957. Such societies are formed by authors and other owners. This society can grant a license for any work for which it is authorized by the owners or the authors of the work.

10. What are the rights given in the Copyright protection in India?

Copyright is a bundle of rights that grants its owner the following rights:

  • Issues copies of work to the public

  • Communicate the work to the public

  • Perform the work in public

  • Reduce the work

  • Make any adaptation of the work

  • Make any translation of the work

  • Make a sound recording or cinematographic firm in respect of the work





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