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Protect Your Original Work with Copyright Registration in India

The legal right granted to the author of artistic works is known as Copyright. Through a number of modifications, The Copyright Act, 1957 safeguards copyrights. The owner's rights over their invention are safeguarded by copyright registration. Because the process of registering a copyright protects the work of writers, painters, and designers, it encourages the author/writer to produce more.

Although the concept itself is not protected, copyright registration aids the author in preserving the unique way that their idea is expressed in creative works. It also encourages innovation and aids with the prevention of unauthorized use of the original work.

What Is Copyright?

An owner of intellectual property is legally entitled to Copyright. It relates to the right to copy or reproduce a creative work, as the title suggests. In essence, Copyright indicates that an individual has ownership rights upon producing a work of intellectual property. This indicates that the only people who may copy or use that work are the creator and those they have given permission to. For a limited time, copyright law grants the original creators of a work the only authority to use it or produce copies of it. The copyrighted work may gradually become public domain over time. Copyright registration in India has emerged as the need of the hour.

What Can You Copyright?

A useful instrument for protecting a variety of creative works is Copyright registration. Each of the six unique categories in the extensive register kept by the Registrar of Copyrights is geared toward particular kinds of intellectual property.

Literary Works (Without Computer Programs)

This category includes many literary works, such as essays, articles, novels, poems, unique content like a book and more.

Musical Works

This category includes melodies, lyrics, and sheet music that are composed in a musical style.

Creative Works

Copyright protection is afforded to creative creations, including paintings, sculptures, drawings, and other visual media.

Cinematography Films

Films are covered by Copyright, which guarantees the safety of audiovisual works.

Sound Recordings

Audio recordings of talks, music, and other sound-based works fall under this category.

Computer Programs, Data Compilations, and Tables

Copyright registration protects digital creations such as software, data compilations, and tables.

Why should You Register Your Creative Work Under Copyright Law?

Obtaining copyright registration is not required, but it is always a good idea since it will grant the owner some rights over his creations and the assurance that no one else will be able to replicate them for a predetermined amount of time. The proprietor will constantly be inspired to work more and produce more goods by this sense of fulfillment.

Eligibility for Registration of Copyright

You can register of Copyright for any work that is connected to theater, music, art, cinema, or sound recording. The Copyright Act grants copyrights to three primary groups of works, each of which is entitled to a unique set of rights.

  • The Copyright for books, music, paintings, sculptures, and other creative works includes original literary, dramatic, musical, and artistic works.
  • Another type of Copyright is cinematography films, which include any visual recording on any media.
  • Under the copyright laws, sound recordings have a special class that includes any recording of sounds, independent of the medium or method used to create the sound.

Benefits of Copyright Registration in India

Authors are granted a monopoly on their original works under Copyright. When creative work is produced and its creator intends to get recognition or legal protection, copyright registration is essential. Furthermore, it forbids anybody from using the copyrighted work for personal or commercial gain and prohibits usage without the owner's prior consent.

The author feels more secure knowing that his transcribed production as per Copyright Act thanks to Copyright. Here are some advantages of artistic Copyright registered in India.

Public Display of Ownership

The creator's work will be made accessible to the public and included in the Copyright Office Catalog upon copyright registration. It makes the copyright holder's ownership visible to the public and gives him the legal ability to sue anyone who violate his invention in a court of law.

Benefit to Work Freely

Copyright provides authors and creators the freedom to work freely with their creations in India and other nations, and vice versa.

Passing the Right to Work

Authors are empowered by Copyright to freely sell, reveal, or transfer ownership of their works to other individuals while maintaining copyright protection.

Improves Reputation

Authors' reputations are enhanced when their work is protected by Copyright.

Protection of Ownership

If someone steals your creative work, Copyright protects the material legally and helps you avoid an expensive legal battle about who is the original owner.

Limitations on the Use of Copyrighted Works

Authors' works are protected against illegal use under Copyright. The author has the right to serve a legal notice on anyone found to be replicating their work if the author learns of it.

Eligible for Attorney Fees, Statutory Damages, and Suit Expenses

In the event of a copyright infringement, the owner is entitled to statutory damages in court. In the event that an infringement claim is successful, the courts may grant special damages under the statutory damages.

Use of Copyright Symbol

After obtaining copyright registration, you can denote that your work is Copyright protected by using the copyright sign (©). This symbol can assist prevent unlawful use or duplication of your creative work by clearly indicating to others that this is a mark given to protect your original work.

What are the Necessary Papers Required for Copyright Registration?

The basic necessary papers required to protect the exclusive right of the owner under copyright registration are mentioned below

  • Details about the Applicant (including evidence of ID, address, and nationality).
  • Name, residence, and nationality of the author.
  • Disclosure of the applicant's stake in the Copyright, including if they are the work's creator or their agent.
  • Copies of the initial publication.
  • Incorporation certificate is necessary if the purpose is business-related.
  • Specifics on the type of work.
  • Class, Title, and Work Description
  • Work's Language
  • Date of publication: Submissions of research papers to professors or publishing in internal journals are not considered publications.

Registration Procedure for Copyright in India

The process of copyright registration is discussed below

Access the Official Website

Prior to submitting the copyright registration application form, the applicant must log in with their User ID and password on the Official website of the Copyright Office

The applicant must select New User Registration if they are not already registered at the time of application.

Copyright Application Submission

Applicants have two options for submitting their applications: in person at the copyright office or online at copyright.gov.in. In this case, the applicant may be the work's creator, the owner of the work's exclusive right, or an authorized representative.

An independent application and the specifics of the work must be submitted to the registrar in order to register a copyright.

The applicant must go to Click for online copyright registration after logging in and complete the online Copyright Registration Form with all required paper works and pay the requisite fees. After the copyright application is submitted, the Registrar will assign the applicant a diary number.

Issuing Diary Number

The procedure of copyright registration online in India will begin when the registrar receives the application and registrar will issues a Diary Number. After then, there is a required 30-day waiting period during which time any possible objections must be filed.

Lastly, print one physical copy of the Copyright Registration Form and the Acknowledgment Slip and post them to the copyright office in Delhi.

Review of Application

Scrutinize the application is the first thing to do after filing. There is a minimum period of 30 days waiting time after the diary number is granted during which the copyright examiner can assess the application. The registrar will review the application within 30 days. Following inspection, the Copyright Registration procedure is split into two parts

If Objections are Raised

If an objection is made against the applicant, the registrar will convene both parties for a hearing and send a letter to each of them. Following the discrepancy procedure, the applicant may request scrutiny if the objection is denied at the hearing.

If No Objections are Raised

The examiner agrees to study and carefully evaluate the application in order to identify any discrepancies if no complaints are voiced. If there are no discrepancies and all required necessary papers are submitted with the application, the applicant can go on to the next round.

In the event that discrepancies are discovered, the applicant receives a letter outlining the disparity. The applicant will respond to this, and the registrar will hold a hearing in response to the reply. The applicant may proceed to the next round if the disagreement has been settled. In the event that the disagreement cannot be settled, the application is turned down, and the applicant receives a letter of refusal. The examiner will either approve or reject the application.

Grant of Copyright Registration Certificate

The copyright registration certificate is issued as the final stage as per the Copyright Act of 1957. The Copyright Registrar may request additional paper works and information throughout the registration process. The registrar will put the applicant's copyright application data into the copyright register and issue a certificate of registration if he is entirely pleased with the application.

Legal Rights of a Copyright Owner

Reproduction Rights

The copyright owner is granted exclusive rights upon copyright registration. Reproducing or making copies of a work requires the owner of the Copyright's consent.

Adaptation Rights

The Act gives the author permission to exploit his creation anyway he sees fit. He is free to make any variations on his original creations. Using a new format based on his already-created work is another option.

Right of Public Communication

The owner is free to make public their unique creations. The owner of the Copyright may use pictures or other visuals.

Public Performance Right

Owners of musical and creative creations are permitted to present them in public. A musician is able to perform his composition for the public. An artist is free to perform on any platform or in public.

Integrity and Paternity Rights

Original content creators are granted moral and ethical rights. The artist may assert exclusive authorship of his work if he has the right of attribution, sometimes referred to as paternity.

The owner has the ability to sue the people for damages under the right of integrity. Should someone try to alter, modify, or misrepresent the original work, the owner of the Copyright may file a lawsuit to recover damages.

Distribution Rights

The proprietor is free to share his work in any format he chooses according to the Copyright Act. He can also give someone else the ability to utilize the Copyright if he so chooses.

Validity of Copyright Registration

For Published Works

The creative works' Copyright is valid for as long as the artist lives and for an additional 70 years.

For Unpublished Works

Copyright is valid from the date on which the work is published till the duration of the life of artist and 70 years more after his death.

Note: The term of protected art is the same for both published and unpublished works, per the amendments to the act made As of 1 January 2019.

Checking the Status of Copyright Registration Application

  • Take these easy steps to find out how your copyright registration application is progressing:
  • Go to the Status of Application section of the Copyright registrar's website.
  • Enter the diary number, also known as the acknowledgment number that you were given when you submitted the form.
  • You will get to know the current status of your application once you submit this information.

Distinguishing Different Intellectual Property Rights

The differences between Copyright, trademark, and patent are explained here

Copyright

Although Copyright offers a certain kind of protection, patent and trademark laws give different ways to protect your intellectual property. While Copyright, trademark, and patent are terms sometimes used interchangeably, they protect distinct parts of your creative works.

Trademark

Trademark laws are intended to protect a brand name and characteristics that aid in setting one person's or company's works apart from those of others. This covers things that are not covered by copyright protection, such as logos, brand names, slogans, and more.

Patents

Patents are only given out for a certain time in relation to inventions. Machines, chemical compositions, industrial processes, and other advancements falls under Patent.

What are the Penalties Applicable for Copyright Infringement?

In Case of Copyright Violation: A minimum fine of Rs. 50,000 and a minimum sentence of six months are the minimum penalties.

If There is a Second or Subsequent Conviction: The minimum penalty is one year in jail and a one lakh rupee fine

A person whose Copyright has been violated can send a legal notice.

Simplifying Copyright Registration with Corpbiz

Corpbiz is a platform that offers a simplified method for copyright registration. Copyright registration is a complex process that Corpbiz streamlines with its user-friendly interface and professional advice. This platform offers a hassle-free experience from beginning to end for people and businesses looking to protect their creative works under Copyright. Corpbiz ensures compliance with legal requirements while saving time and effort by educating users about the subtleties of copyright laws and providing thorough support throughout the registration procedure.

Corpbiz is unique because of its dedication to ease of use and accessibility. Users may easily manage the difficulties of copyright registration thanks to the platform's step-by-step instructions, individualized help, and effective paperwork handling. This encourages innovation and protection in the creative industry. In today's dynamic and competitive world, Corpbiz stands as a dependable and effective solution, enabling people and organizations to promptly and confidently safeguard their intellectual assets.

Latest Updates on Copyright Registration

We have covered some significant trends and latest updates on copyright registration for you. Take a look at the same

December 2023

Delhi HC Cancels Copyright Registration Of 'Arras The Boss' In Suit By known Perfume Brand 'Hugo Boss'

October 2023

Copyright Registration furnished to Manvendra Singh Chouhan, Trustee of Khatu Shyam Mandir

September 2022

Delhi High Court: No-Objection Certificate is now Mandatory for Copyright registration of artistic work

Why Choose Corpbiz for Copyright Registration in India?

Given below are the reasons that will make you choose Corpbiz for Online Copyright Registration in India

  • Registered 5000+ Literary and Dramatic Works
  • Team of 400+ IPR Experts Working PAN India
  • 10X Turnaround Time in Comparison with the Competitors
  • End to End Assistance in Copyright Registration Procedure
  • Ensures 100% Safety and Security of your Data

Frequently Asked Questions

Copyrights, Trademarks, Trade Secrets, Patents are the types of intellectual property as per the Indian Copyright Act.

Copyright application is filed in Form IV with the necessary payment. Whether the work is published or unpublished, it may be protected by Copyright. The application for published work must be submitted with three copies of published content.

The individual who does the creative work is the original copyright holder. You are the owner of the Copyright if you wrote the book or shot the picture.

The certificate of copyright registration will be issued by the appropriate body upon approval of the application. The full procedure usually takes two to three months to finish.

The rights of writers and the preservation of works are covered in the Berne Convention. It is built around three fundamental tenets and includes a number of clauses that specify the minimal level of protection that must be provided, along with additional provisions that developing nations may choose to utilize.

You can permit someone else to use or profit from your work as long as you are the rightful owner. These permissions are sometimes called licenses, and they could or might not require payment to the owner of the rights.

Original literary, dramatic, artistic, and musical works as well as cinematographic films and sound recordings are shielded against unlawful use under the Copyright Act, 1957.

As per the Berne Convention, Copyright acquired in India will be granted the status of foreign workers, and the nations that have ratified the convention would also be protected by Copyright.

The copyright registration may be bought, sold, gifted, or franchised with permission from the work's owner.

In addition to the ability to translate, duplicate, alter, and develop the work, the holder also has the right to have his contribution acknowledged and the ability to translate the work into other languages.

In light of objections and other considerations, a copyright registration can be secured in around six to eight months.

Work that has previously been published or unpublished can both be registered; however, if the work has already been published, publication data must be included with the application.

It is possible for a copyright registration to be denied if there are any inconsistencies or inadequate papers.

A copyright registration can be obtained by any individual or corporation. An individual can work as a painter, composer, photographer, musician, author, creator, or corporation.

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