Copyright Registration

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Copyright Registration- An Overview

    Copyright is a kind of intellectual property protection like trademark and patents. Copyright registration is done following the Copyright Act, 1957. With copyright registration, you become a legal owner of your creative work in respect of books, paintings, music, website, etc. Copyright registration with the authority secures the creative work of the author cannot be copied. No person is allowed to use the same without the permission of the author or creator. The author is entitled to charge others for using his work or changing it. Copyrights registration safeguards the rights of the inventor from infringement.

    In India, the registration gives its owner exclusive, individual rights to distribute, replicate, reproduce the work or give authorization to another entity for the same. It offers a bunch of rights – communication to the public, rights of reproduction, adaptation, and translation of the work. However, ideas, procedures, methods of operation or mathematical concepts cannot be copyrighted.

Things are protected under Copyright
It protects the creation of ideas alone it cannot be protected. The following may be protected under copyright law.

  • Cinematography film
  • Sound recording
  • Musical work & Sound recording
  • Artistic work like paintings, photographs
  • Original literary others
  •  Books
  •  Computer programs
  •  Website 
  • Broadcasts on Radio and Television
  • Published editions

Advantages of Copyright Registration

Legal Protection

Copyright registration serves as prima facie evidence in the court of law over ownership of the work. Therefore, copyright registration gives the owner legal protection for his/her work.

Branding and Goodwill

Registered copyright can be used for marketing and creating a sense of goodwill and quality in the minds of your customer. Registered copyright show others that you care about your work.

Global Protection

Works that are copyrighted in many other countries are accorded similar privileges here in India. Likewise, works copyright registered in India are accorded protection in many foreign countries.

Restricts Unauthorized Reproduction

Copyright registration will establish that you are serious about copyright infringement. This will help impede unauthorized reproduction of the work as it provides the owner with a host of legal remedies.

Creation of Asset

Copyright registration creates an intellectual property, an intangible asset. Registered copyrights are an intellectual property and the rights can be sold, franchised or commercially contracted.

Documents Required

To register for copyright you need to give us the following details and documents.

Personal details:

Nature of the work:

Documents:

Rights of a Copyright Owner

A copyright owner gets to enjoy the following rights and only they can assign these rights to someone else:

  • Right of reproduction: no one can make copies of or reproduce a protected work, in part or whole, without permission from the copyright owner
  • Right of adaptation: exclusive rights to the creator to use their piece of work the way they want (e.g., a book into a movie)
  • Right of communication to the public: exclusive rights to broadcast their original work to the public
  • Right to public performance: exclusive rights to the owners of artistic and musical work to perform their works in public
  • Right of paternity/attribution: the right of attribution or paternity implies that the owner/creator can claim sole authorship over their piece of work. In other words, they can have it attributed to themselves
  • Right of integrity: it allows the owner to sue in case their work is distorted or modified without permission
  • Right of distribution: exclusive rights to distribute their work in whatever form they like (through selling, reproducing, leasing, lending, renting, or transferring).

Procedure for Copyright Registration

  1. An application (including all the particulars and the statement of the particulars) in the format of FORM IV has to have to be sent to the registrar along with the requisite fees (mentioned in the Schedule 2 of the act.). A separate application has to be made for separate works
  2. Every application has to be signed by the applicant as well as an Advocate in whose favour a Vakalatnama or a POA has been executed
  3. The registrar will issue a Dairy No. and then there is a mandatory waiting time for a period of 30 days for any objections to be received
  4. If there are no objections received within 30 days, the scrutinizer will check the application for any discrepancy and if no discrepancy is there, the registration will be done and an extract will be sent to the registrar for the entry in the Register of Copyright.
  5. If any objection is received, the examiner will send a letter to both the parties about the objections and will give them both a hearing.
  6. After the hearing, if the objections are resolved the scrutinizer will scrutinize the application and approve or reject the application as the case may be.

Duration of Copyright in India

After copyright registration, copyright is valid for the lifetime of the author 60 years after the death of the author.

Duration of copyright registration means the copyright in a work will live for such a period as directed under the copyright act and the same cannot be practiced without author/creator permission. Since the copyright duration in a work varies from the nature of work, the duration of copyright as per the work has been discussed hereinbelow:

  • Published bookish, musical-dramatic or artistic work: up to 60 years after the lifetime of the author.
  • Anonymous and pseudonymous works: 60 years from the date the work was 1st published.
  • Cinematographic works: 60 years from the date film was screened
  • Sound recordings: 60 years from the date such sound recording is released.

Frequently Asked Questions(FAQ’s)

What is copyright registration?

Copyright registration is a right provided to the authors to protect their original work from being stolen or duplicated and gives you a confirmed legal right over your creation. It gives the individual owner with the package of rights like the right of reproduction, right of translation, etc.

Who can apply for the copyright registration?

Any person or business entity can apply for copyright registration. The individual can be author, creator, musician, photographer, producer, painter, composer, or a company may safeguard their creative by using this legal authority.

Why Copyright registration is needed?

Copyright registration is needed to secure your original work from fraud or unfair advantage. Having copyright over your original work gives proof that this particular work belongs to you only.

Which rights are provided to the copyright holder?

The copyright holder has following rights:
• The right to copy or reproduce the original work.
• The right to determine who may modify the work to other forms and determine benefits from the same.
• The right to be attributed to work.

Can I register my name or title?

NO, you cannot register your name or title. Name or titles can only get trademark registration.

Can you use the copyright symbol without registering?

The use of the copyright symbol is also similar to the use of the trademark symbol, as work does not need to be registered to use it. You can place the copyright symbol on any original piece of work you have produced.

What can be protected with the registration of copyright?

One can protect all his original works like literary works, computer programs, websites, dramatic scripts, musical lyrics, and artists’ works.

How to deal with infringement of copyright?

First, the person who has the rights will send a statutory notice to the person who was involved in the infringement, then the person who the owner of the work can lawyer up to deal with the condition and handle the same.

What is copyright protection?

Registering the work with the registrar of the copyright office is copyright protection. It produces a public record of the work done and you can claim anyone for copyright violation made.

How long will it take to get the copyright registration done?

After registering the application, the department gives a diary number and waits for 30 days. If the examiner comes up with an error, the same need to be settled within 45 days. Hence, it takes approx. 1-2 months in the normal course in the registration of the copyright.

Is there any search engine or way to search about registered copyright?

Unfortunately, there is no way to do so. The only way out of this is to do proper research work on Google. But do not limit to Google, expand your research sources.