Copyright Registration

Copyright Registration: How to register Copyright?

Copyright registration is legal protection that ensures no one can misuse the copyrighted efforts of writer or creator without the permission of the owner. It gives recognition to the intellectual property of yours. In this article we will know how to register copyright.

What is Copyright Registration?

Copyright Registration confers upon its owner only rights to copy or make a replica of the work. It gives the owner the exclusive right over his work. It is not mandatory to get your work copyrighted but doing so would give the owner a set of minimum rights over his work. It will protect your work thereby motivating you to do more work.

Which Act is governing the Copyright Registration?

Indian Copyright Act, 1957^[1] governs whole of copyright registration.

Work in which Copyright Exists

Copyright shall subsist all over India in the following class of works, i.e. to say-

• Cinematography film;
• Sound recording;
• Dramatic, musical;
• Artistic work;
• Musical work;
• Computer programs and compilations.

It applies to literary (books, scripts, even software) and audiovisual (music, photographs, and movies) works.

Who Owns the Copyright?

Copyright is usually owned by the creator of the work, but may also be owned by the employer of its creator or the person who has commissioned the work (unless there is an agreement to the contrary in either case). Copyrights are also transferable.

What is the Tenure of Copyright Registration?

Copyright Registration is valid for a period of 60 years. The 60-year period is calculated from the year following the demise of the writer.

Why Register Copyright?

Copyright identifies the exclusive rights of the creator over an original work. However, in the commercial world, it is advisable to register the copyright on their work as it will be only proof and way to approach the courts in case if any dispute arises. Registering copyright will ensure protection and no one would be able to copy your work and make unwanted gains out of it.

It also creates a public record and sends out a message that this particular work is copyrighted. Not just that you can make economical gains out of it by using your work in different ways. Therefore one should always look to protect their intellectual property.

Can Anyone Copyright a Film or Sound Recording?

In case anyone wants to copyright a video, film or an audio recording track, it is suggested that one should obtain NOC from all the people involved in its making. This will protect from any objections from them at a later date. This has become vital to register a sound recording and cinematography.

Documents Required for Copyright Registration

The documents required to register copyright differs from work to work. However we have provided certain basic documents that are required.

• Personal Details

Name, Address & Nationality of the Applicant

• Nature of the Application’s Interest in the Copyright

State whether the applicant is the author of the work or the representative of the author.

• Nature of the work

Class & Description of the Work (In the case of a website, give the URL of the website Language of the Work).

• NOC

If the work is to be used on a product then No Objection Certificate is required. If the applicant is not the author then NOC is required from the author.

Benefits of Copyright Registration

The benefits are as follows:

• Registration ensures legal protection;
• It also secures goodwill;
• It also restricts unlawful reproduction of the work of the creator
• Global protection as the copyright in India is recognized virtually worldwide;
• Registration of copyright helps in the creation of assets and intangible assets and can be sold, franchised or commercially contracted.

How to register Copyright?

Just 4 Steps are required for Copyright Registration Process:

• As part of the first step Copyright application needs to be prepared and it takes approx. 2 to 4 working days.
• Filing of such application online with the copyright registrar. It has to be filed by either the author of the work, claimant, owner of exclusive right for the work or file through an authorized agent.
• After you file your application you have to wait for a mandatory period of 30 days as the examination of the application takes place. The waiting period exists so that if any objection is to be filed in the Copyright office against your claim can be filed.
• If no objection is raised or if any objection is raised and the same has been settled in favour of the copyright registration applicant then it proceeds to the final stage that is registration. The process to register copyright takes completes as soon as the applicant is provided with the extracts of ROC. Copyright registration to get complete takes approx. 3 months.

Conclusion

Creativity is something that should be encouraged among people and by assuring them protection, they are motivated to create and produce more of such work in the future. There are penal provisions as well in case of copyright infringement. You can read more about it on Enterslice.

Read our article: A Comprehensive Analysis on Assignment of Copyright