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Complete Copyright Registration Process in India

Ashish M. Shaji

| Updated: Jul 26, 2017 | Category: Copyright Registration

Copyright Registration Process

Copyright is defined as a legal right of the owner of intellectual property. It is an exclusive right of the original creator to reproduce the work. Copyright provides the exclusive right to the creator of the original material to further develop for a given period of time. Here, we will talk about the Copyright Registration Process in India.

Copyright Registration Process: Significance of Copyright

Copyright is an exclusive right granted by the law to the creators of literary, artistic, musical or dramatic works and to film producers as well. It also includes right related to reproduction, communication to the public, translation of work. It provides safeguards to the author for their creations, thereby protecting their creativity.

When a person creates an original product which requires a significant mental activity to create, then it needs to be protected from unauthorized duplication. Copyright can be done of only unique creations related to art, poetry, musical lyrics, novels, films, graphic design, architectural, etc. It is considered to be original in case the author created it from their independent thinking. Copyright can be voluntarily registered by the original owner, preventing others from using or replicating it.

Copyright provides protection to the efforts of artists, writers, designers, musicians, and architects and it also promotes others to create.

Any type of work cannot be copyrighted. Copyright does not protect ideas, concepts and brand names, logo, domain names can also not be protected. Any work that requires copyright must be in intangible form.

Are Copyright, Trademark and Patent similar or different?

Copyright, trademark, patent are generally used interchangeably, however, Copyright, Trademark and Patent are different forms of protection.

Trademark protects products which are used to differentiate the product of one with the product of another. It includes words, logos, symbols, and brand names.

Patents Registration protect inventions of the inventor for a limited period of time. It includes industrial processes, machines & chemicals.

Copyright registration can be done in relation to published or unpublished work. In the case of registered unpublished work, a manuscript is required to be sent along with the application for affixing the stamp in proof of the work having been registered. If two copies of the manuscript have been sent then one copy of the manuscript duly stamped will be returned while the other copy will be retained in the office for record purpose and will be kept confidential. Instead of a manuscript an applicant can also send the extracts from the unpublished work and can ask for the return after being stamped with the seal of the corporate office. After that applicant may apply for the changes in the Register of Copyright with the prescribed fees.

Every type of literary or artistic work can be copyrighted in relation to a website or computer program. It ensures protection for the creator and provides significant rights over their creation.

Copyright Registration Process

Points to consider-

  • For the purpose of registration of the copyright an application can be made in the prescribed format as prescribed in the first schedule of the rules;
  • An application shall be made with the requisite fees prescribed;
  • The application must be signed by the applicant in whose favor the power of attorney has been executed;
  • A separate application is required to be filed for the registration of each work.

Filing of an Application-

After filing a copyright application with the complete details, the author or owner has to wait for a mandatory period of 30 days for any objection that can be filed in the copyright office against the applicant.

In the case of any objection, it will take another one month to take a decision regarding whether the work can be registered with the registrar of copyrights after giving the opportunity of being heard.

Examination-

If within the said period of 30 days no objection is filed, then the application shall be examined by the examiner or in the case of any objections raised by the examiner for any further documentation required. After this response to the examination report has to be filed within 30 days.

Registration

After the objections are overcome to the satisfaction of the copyright office[1], the copyright registration certificate is issued.

Benefits of Copyright registration

The benefits of copyright are many. Some of them are discussed below:

Benefits of Copyright registration
  • It creates a public record concerning your work;
  • It allows you to file a law suit and take action against people infringing your right;
  • It allows you to make monetary gains by using your work in different ways;
  • It gives you the legal evidence of your ownership.

The Term of Copyright

The term of protection granted to the copyright owner depends on the type of work that needs to be protected. Copyright protection granted in relation to literary, musical or artistic work which extends to the period of a lifetime of the author and 60 years from the year in which the author dies.

In case the work has not been performed during the lifetime of the author then the Copyright Registration protection shall be continued for a period of 60 years from the end of the year in which any activity is done in relation to work. Films or the computer programs are protected for a period of 60 years from the end of the year in which work is made available to the public with the consent of the owner whereas sound recordings are protected for a period of 60 years from the end of the year when the recording was first published.

Conclusion

Copyright registration is essential for the protection of your creativity. When you register your work with the registrar of copyrights, it paves the way for you to reproduce and distribute the work. In case you have any query regarding the Copyright Registration Process, then just run through our blogs.

Read our article:Key Elements of Copyright Registration in India

Ashish M. Shaji

Ashish M. Shaji has done his graduation in law (BA. LLB) from CCS University. He has keen interests in doing extensive research and writing on legal subjects especially on corporate law. He is a creative thinker and has a great interest in exploring legal subjects.

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