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Copyright Registration2022-09-26T13:36:33+05:30

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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    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

    How much time is required for filing a copyright application?2022-02-01T11:51:52+05:30

    On average, it takes 10-15 working days to file a copyright application. However, after application, the Copyright Office will process the copyright on its end and will examine whether your copyright qualifies for registration or not. It may take certain months of time for the completion of the registration process at the Copyright Office.

    How long does it take for a copyright to be registered?2022-02-01T11:51:28+05:30

    It generally takes about 8-12 months for copyright to get registered, the processing time at Copyright Office generally depends on many factors. If the copyright gets objected or opposed by someone, it may take a much longer time.

    Is the registration of copyright mandatory in India?2022-02-01T11:50:52+05:30

    No, Copyright comes into existence as soon as a work is created, and no mandatory registration is required. However, the certificate of registration of copyright and the entries made in the register shall serve as prima facie evidence in a court of law with reference to disputes relating to ownership of copyright. Therefore, it is always advisable to copyright the work in India.

    What is the validity of copyright?2022-02-01T11:50:22+05:30

    The general term of a copyright is 60 years. In the case of original literary, dramatic, musical and artistic works, the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60-year period is counted from the date of publication.

    Whose rights are protected by copyright?2022-02-01T11:49:56+05:30

    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.

    Whether unpublished works are registered?2022-02-01T11:49:33+05:30

    Yes, both published and unpublished works can be registered under copyright.

    Whether Computer Software or Computer Programme can be copyrighted?2022-02-01T11:48:52+05:30

    Yes, Computer Software or programme can be registered as a ‘literary work’. ‘Source Code’ and “Object Code” have also to be supplied along with the application for registration of copyright for software products.

    Whether websites can be copyrighted?2022-02-01T11:48:23+05:30

    A website usually consists of different rudiments which may be copyrightable subject that falls within any one of the classes of works under the Copyright Act, 1957. The component parts of a website can be in different forms of digital files such as text, tables, computer programmes, compilations including computer databases (“literary works”); photographs, paintings, diagram, maps, charts, or plan (“artistic works”); works consisting of music and including graphical notation of such work (“musical works”); “sound recordings” and “cinematograph films”. The website as a whole is not subject to copyright protection.

    Can I get Copyright registration for the Application or the App?2022-02-01T11:47:45+05:30

    An App is a complete, self-contained computer program that is designed to perform specific tasks. An App usually has primarily dynamic content and is designed for user interaction. It may be used directly or indirectly in a computer or hand-held electronic device. An App may be registered as a computer program under literary works, and the applicant is required to submit the source and object code.

    It is important to note that the registration will cover any screen displays generated by that program, provided that the computer program (code) generating the screen display is submitted by the applicant. Mere snapshots of screen displays of an app are not eligible for copyright protection.

    Is there an opportunity given for a hearing in case of rejection of copyright?2022-02-01T11:47:02+05:30

    Yes, an opportunity of hearing is given to the applicant and concerned parties. However, only after hearing, it may be decided to register the work or to reject it.

    Can I assign or transfer my copyright to another person or entity?2022-02-01T11:46:17+05:30

    Yes, the owner of a copyright may assign or transfer copyright to any person, either wholly or partially and either generally or subject to limitations.

    What is the difference between Trademark and Copyright?2022-02-01T11:45:47+05:30

    A trademark is an intellectual property that is being assigned to a word, logo, device, etc. but on the other hand, copyright is assigned to protect your unique content such as books, music, videos, songs, or computer software.

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