Overview of Copyright Registration

Copyright is a privilege given by the law to the creator of artistic works. Copyrights are protected by “The Copyright Act, 1957” via numerous amendments to the act. Copyright Registration protects the rights of the owner over their creation. As the Copyright registration procedure protects the efforts of authors, artists, and designers that as a result persuade the author/writer to create more.

Copyright Registration helps the author to protect the original expression of an idea in the form of some creative work, but not the idea itself. Also, it helps in preventing unlawful use of the original work and rewards creativity.

Copyright gives a bundle of rights to the creators by giving-

• Rights of reproduction,
• Rights of communication to the public,
• Adaptation, and
• Translation of the work.

What are the Benefits of Copyright Registration?

Copyright provides a monopoly to the authors over their unique creations. Copyright registration is essential when some creative work is done and acclamation/protection to its creator is to be given legally. Also, it restricts others to use the copyrighted work for a commercial or domestic purpose and a person cannot use it without prior permission of the owner.

Copyright creates a sense of security in the mind of the creator, that his transcript creation is protected under the Copyright Act. The benefits of Artistic Copyright are-

• Public Display of the Ownership

  With the Copyright registration the creator’s work will be declared in the Copyright Office’s Catalog and will be available to people. It creates a public display of the ownership of the copyright holder and enables him to take legal action against infringers of its creation in the court of law.

• Enjoys the Advantage to Work Freely

  Copyright provides the privilege to the creator/author to work freely with copyrighted work in India as well as in other countries and vice versa.

• Passing on the Right Of Work

  Copyright gives the author an authority where the author can openly sell, disclose, or pass on the rights of the work to different persons with copyright protection.

• Enhances the Reputation

  Copyright enhances the reputation of the author that certain work belongs to him.

• Legal Protection of Ownership

  Copyright provides legal protection to the copyrighted work and helps in avoiding an expensive dispute over the original owner if someone steals your creative work.

• Restricts to Use the Copyrighted Work

  Copyright restricts others from making unauthorized use of the author’s work. If the author gets to know that someone is copying the author’s work, he/she can send a legal notice to that person.

• Eligible for Statutory Damages, Attorney Fees, and Costs Of Suit

  When faced with copyright infringement, the owner becomes eligible for a suit of statutory damages. The statutory damages permit courts to award special damages in case of a successful infringement lawsuit.

  This relieves the copyright owner from the duty of proving actual damages. Moreover, there is a huge value to it considering the proving of statutory damage over infringement is a difficult task. Furthermore, the copy owner will recover some amount for each of their infringed work. Some leverage necessary to bring the lawsuit to an early close is provided.

• Pre-Emptive Measure

  Another one of the benefits of a copyright is that the registration is on record so that it dissuades others from making unauthorized use of your work. If you discover that someone is copying your work, you can send a `cease’ notice. So you don’t have to bother about legal proceedings at a later stage. This saves a lot of time and money.

What Types of Works are Covered under the Copyright Registration?

Copyright Registration can be done for:-

• Artistic works,
• Producers of Cinematograph Films,
• Music voice recordings.
• Literary works
• Musical works, including any accompanying words
• Dramatic works, including any accompanying music
• Pantomimes (Drama) and choreographic works
• Pictorial, graphic and sculptural works
• Motion pictures and other audiovisual works
• Sound recordings
• Architectural plans, drawings and actual buildings

What Documents are Required for Copyright Registration?

Basic Documents

• Particulars of the Applicant (ID and Address proof of the applicant along with the Nationality)
• Name, address, and nationality of the author of the work
• Disclosure of the applicant’s interest in the copyright - whether he/she is the author of the work or the representative of the author.
• Copies of the original work.
• In case for business purpose-Incorporation certificate is required.
• Details of the nature ofthe work
• Class, Title & Description of the Work
• Language of the Work
• Date of Publication - Publication in internal magazines or a research paper submitted to a professor does not count as publication.

Apart from the basic documents required for copyright registration, submit documents as per copyright categorization. The categories are as such:

Artistic Work

• 2 copies of the work.
• DD/IPO of INR (as applicable) according to artistic work.
• Author’s No Objection Certificate if the applicant is different from the author.
• Publisher’s No Objection Certificate if the work published & publisher is different from the applicant.
• Search Certificate from Trade Mark Office in TM -60 if the work is being used on goods/capable of being used on the goods.
• No Objection Certificate from the individual whose photograph appears on the work.
• When filing an application by an attorney, an original copy of a “Power of Attorney” signed by the applicant & also accepted by the attorney.

Cinematograph Film

• 2 copies of work.
• DD/IPO of INR (as applicable) according to Cinematographic work.
• No Objection Certificate from different copyright holders or copy of the agreement (deed of assignment).
• No Objection Certificate from the publisher if the work published and publisher is different from the applicant.
• When filing an application through an attorney, an original copy of a “Power of Attorney” signed by the applicant & also accepted by the attorney.

Music

• 2 copies of work (graphical notes).
• DD/IPO of INR (as applicable) according to work.
• No Objection Certificate from the publisher if the work published & publisher is different from the applicant.
• Author’s No Objection Certificate if the applicant is other than the author.
• When filing an application by an attorney, an original copy of a ‘Power of Attorney’ duly signed by the applicant & also accepted by the attorney.

Literary/Dramatic

• 2 copies of work.
• DD/IPO of INR (applicable) according to work.
• No Objection Certificate from author if applicant is other than author.
• Author’s No Objection Certificate if the applicant is other than the author.
• When filing an application through an attorney, an original copy of a ‘’Power of Attorney’’ signed by the applicant and also accepted by the attorney.

Sound Recording

• 2 copies of work.
• DD/IPO of INR (as applicable) according to work.
• No Objection Certificate from different copyright holders or copy of the agreement (deed of assignment).
• No Objection Certificate from the publisher if the work published and publisher is different from the applicant.
• When filing an application through an attorney, an original copy of a ‘Power of Attorney’ signed by the applicant & also accepted by the attorney.

Software

• 2 copies of work.
• DD/IPO of INR (as applicable) according to work.
• Author’s No Objection Certificate if the author is dissimilar from the applicant.
• No Objection Certificate from the publisher if the work is published & the publisher is different from the applicant.
• When filing an application through an attorney, an original copy of a “Power of Attorney” signed by the applicant & also accepted by the attorney.
• Also, the source code & the object code of the work for due verification.

What is the Registration Procedure for Filing the Copyright Registration?

Below-mentioned Steps are required for Copyright Registration, which are as follows:-

• Step-1-Creating User ID and Password

  Before filing the application form for Copyright registration, the applicant needs to use the User ID and password for login. If the applicant is not registered while applying, then he/she is required to opt for New User Registration.

• Step-2-Filing Application Form

  An applicant can apply either manually in the copyright office or through an e-filing facility available on the official website (copyright.gov.in). Here, the applicant can be an author of the work/owner of an exclusive right for the work/an authorized agent.

  For Copyright Registration, an independent application must be filed with the registrar along with the particulars of the work.

  After login, an applicant needs to click on “Click for online Copyright Registration” and shall fill the online “Copyright Registration Form” along with all the requisite documents. The Registrar will issue a dairy number to the applicant, once the Copyright application is filed.

• Step 3-Examination of Application

  Once the application is filed; the very next step is to examine the copyright application. Once the dairy number is issued, a minimum of 30 days waiting period is provided where the copyright examiner can review the application. After examination, the process of Copyright Registration gets divided into two segments:-

  1. If Objections are Raised

  If the objection is raised by someone against the applicant, the letter is sent to boththe parties, and they are called to be heard by the registrar. If the objection is rejected upon hearing, the applicant can ask for scrutiny and the discrepancy procedure is followed.

  2. If No Objections are Raised

  If no objections are raised, the examiner consents to review and scrutinize the application to find any disparity. In case no discrepancy arises, and all the essential documents are provided along with the application, the applicant is allowed to proceed further with the next step.

  However, in case of inconsistencies are found, a letter of the discrepancy is sent to the applicant. The applicant shall reply on the same and based upon the reply, a hearing is conducted by the registrar. Once the difference is resolved, the applicant is allowed to move ahead to the next step. However, in case the difference is not resolved, the application is rejected, and a rejection letter is sent to the applicant.

• Step 4: - Issuance of Registration Certificate

  The last step is the issuance of the copyright registration certificate. In the Registration step, the Registrar might ask for more information and documents. If the registrar is completely satisfied with the application made by the applicant, he will enter the details of the copyright application into the register of copyrights and issue a certificate of registration.

  Note-The Copyright registration completes when the applicant is issued the Extracts of the Register of Copyrights (ROC).

What are the Penalties Applicable for Copyright Infringement?

• In the case of Copyright Infringement

  The minimum punishment is imprisonment for 6 months with the minimum fine of Rs. 50,000/-.

• In the case of a Second and Subsequent Conviction

  The minimum punishment is imprisonment for 1 year and a fine of Rs. 1 lakh.

What are the Rights of Copyright Owner?

The Indian Copyright Act 1957 protects the economic, legal, and social interests of the copyright owner. The Act communicates the exclusive rights on owner in the following regards:-

• Right of Reproduction
• Right of Adaptation
• Right of Communication to the Public.
• Right of Public Performance
• Right of Paternity and Integrity
• Right of Distribution

What is the Validity Period for Copyright Registration?

• In case of Published Works

  The duration of the copyright artistic works is valid up to the life of the artist + 70 years.

• In the case of Unpublished Works

  Copyright lasts until the work is first published to a span of the life of the artist + 70 years.

Note: - As per the changes made *From 1 January 2019, the duration of copyrighted art is the same for both published and unpublished works.