Copyright Registration
Copyright registration protects the creator of original literary, dramatic, musical, artistic works, cinematograph films, and sound recordings from unauthorized use and grants them exclusive rights of reproduction, communication to the public, adaptation, and translation of the work.
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EMI options available
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Introduction
Intellectual Property Rights is an important asset in intangible form for any business, start-ups, or enterprise. Copyright is a right given by the law to creators of literary, dramatic, musical, and artistic works and producers of cinematograph films and sound recordings. It allows the creator the right of reproduction, assignment, adaptation and translation of the work. Copyright safeguards the rights of authors over their original creations, protects and rewards their creativity.
Copyright is automatically created when the creator creates anything. The law on copyright registration in India is important because it gives the creator a legal right in public so that others may not exploit the work of the creator. Registration of a copyright is not mandatory as per law, but having copyright registered acts as an evidence in a court of law with reference to disputes relating to ownership of copyright. In India, Copyright Act, 1957 and the Copyright Rules 2013 are the current laws in force in relation to copyright.
What all works can be copyrighted?
- Literary and Dramatic works
Literary work includes computer programmes, tables and compilations including computer databases. It also includes books, textbooks, E-Books, poems, story, magazines, catalogs, letters, novels, dissertations, lyrics of a song etc.
Dramatic work includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting, the form of which is fixed in writing or otherwise, but does not include a cinematograph film.
- Artistic works
Artistic works include paintings, sculptures, drawings (including a diagram, map, chart or plan), engravings, photographs etc. It also includes work of architecture and any other work of artistic craftsmanship.
- Cinematograph Film
Every recorded work with moving visuals/images will be considered a cinematograph film.
Cinematograph film means any work of visual recording on any medium which is produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and cinematograph shall be construed as including any work produced by any process analogous to cinematography including video films.
- Sound recordings
Any recorded audio will be considered a sound recording. For example, a song, a recorded speech, or an audio book.
Sound recordings means a recording of sounds from which sounds may be produced, regardless of the medium on which such recording is made or the method by which the sounds are produced.
- Music works
Musical work means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music.
Advantages of Copyright Registration
- Legal protection
A registered copyright shall protect the unauthorized use and shall also give the power to take legal action against any infringement of copyright by any person, entity or competitor. Further, the original creator may claim appropriate damages and compensation from the person who has infringed his copyright.
- Public Record of Ownership
Registration of copyright establishes a public record of the original creator over the said copyright. Also, Courts have held that registration of work establishes prima facie evidence for copyrights in case of legal disputes over any kind of creation.
- Royalty
A registered owner of copyright has the right to sell, or assign his work to others. When the rights are transferred or assigned to another person, the original creator shall receive royalty/consideration towards his work.
- Goodwill and Prestige
Copyright registration also builds goodwill and prestige for the creator. It helps the owner in the promotion and publicizing his work.
What Is Included In Our Copyright Registration package?
- Consultation on the Copyright registration process
- Documentation and Application for Copyright registration
- Government Acknowledgement and Challan
- Diary Number for the Copyright
- Regular updates on the status of Copyright Registration
Procedure for Copyright Registration
- Consultation and Collection of Documents
In the very first step, you have to provide us with the required information as per the checklist about the copyright which is required to be registered, accordingly, we shall provide you consultation on the copyright registration process and the fees required to be paid towards the copyright.
- Preparation of Copyright Application
In the next step, we shall prepare the application for copyright registration and fill up the required form and application, including the Statement of Particulars and Statement of Further Particular.
- Filing of Copyright Application
Once, the copyright application is ready to submit, we shall submit and file it along with the required documents and government fees. You will receive the government acknowledgement receipt, challan and a unique diary number after successful submission.
- Examination by the Copyright office
Once the application is filed, there is a minimum waiting period of 30 days, in which objection can be raised by any third party. After the waiting period, the copyright shall be examined and securitized by Copyright Office.
- Registration of Copyright
After the examination and scrutinization by the Copyright Office, it shall enter the details of the copyright in the register of copyrights and then issue a Certificate of Registration to the applicant.
Documents Required for Copyright Registration
Name, Address, and Nationality of the Applicant
Certificate of Incorporation or Registration – In case of Company/OPC/Partnership Firm/LLP/Others
Details of the Copyright such as Title of work, the language of work, translation documents, publication details.
No Objection Certificate (NOC) from the original creator of work (if any)
3 copies of work which is required to be copyrighted
Board Resolution/Authorisation letter (if required)
Any other documents as may be required.
FAQ
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