Significant mental activity is needed while creating the original content or any other kind of artistic work which includes literary works, musical works etc. But many a time, this creativity can be wasted in the hands of those people who copy this. Anything can be copied from the content of any blog to the lyrics of any song. And this is termed as “Copyright Infringement”.
Copyright is the right given to the creator of the work and is governed by the Copyright Act, 1957. Through Copyright registration, you can ensure that your ideas and inventions are not copied anywhere else. Also, Copyright varies for different countries, and it is valid for 50 to 100 years after the creator’s death.
What kinds of work are protected under Copyright?
- Literary Works – It includes books, articles, tables, computer programs, and databases.
- Artistic works – This work includes drawings, photographs, paintings, sculptures, or any other work of exquisite craftsmanship.
- Musical work – It includes music and or any written work like lyrics of the song by lyricist, composer, and rights of the singer.
- Sound Recording – A kind of recording from which sounds are produced irrespective of the medium. Example like sound recordings fixed in a USB Drive, CD-ROM, DVD – ROM,
- Cinematography Film – Moving images accompanied by a sound. For example, movies and songs.
Is it necessary to register a work to claim copyright?
It’s a misapprehension among many people that they need to have a Copyright Registration Certificate to get their work protected from being copied. But in actuality, Copyright is automatic and does not require any registration. However, you should have copyright registration done as it can be provided as a piece of evidence in the court if any such dispute arises relating to the ownership of rights.
What are the Documents required for Copyright Registration?
The Documents required varies according to the type of work you want to register for:
Artistic Work
- 2 Copies of work that is to be registered.
- DD/IPO of the amount (as applicable).
- If the applicant is not an author, then a NOC (No Objection Certificate) from the author is required.
- In case the applicant is different from the publisher, then a NOC from the publisher is required. (if work is already published).
- A search Certificate from Trade Mark Office (TMO) is required (if the work is being used for goods).
- There is a requirement of NOC (No Objection Certificate) from a person whose photograph is appearing on the work.
- In case, you are applying with the attorney; you need a specific power of attorney signed by the applicant.
Cinematograph film
- 2 Copies of work that is to be registered.
- DD/IPO of the amount (as applicable).
- NOC is needed from various copyright holders or a copy of the agreement (deed of assignment).
- NOC is required from the publisher in case the applicant is different.
- If an attorney applies, there is a need for a specific Power of Attorney signed by the applicant and accepted wholly by the attorney.
Music
- 2 Copies of work including the Graphical Notes.
- DD/IPO of amount (as applicable).
- NOC issued by the publisher if work published and publisher is different from the applicant.
- If the applicant is not the author itself, a NOC from the author is required.
- In case the application is filed through an attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney is needed.
Literary/Dramatic
- 2 Copies of work are done.
- DD/IPO of amount (as applicable).
- If the applicant is not the publisher, then a NOC from the publisher is needed.
- NOC from the author is needed if the applicant is other than the author.
- If an attorney has applied, a specific signed Power of Attorney accepted by the attorney is needed to be submitted.
Sound Recording
- 2 Copies of work
- DD/IPO of amount (as applicable).
- NOC is required from various copyright holders or copy of the agreement (deed of assignment).
- If the applicant is different from the publishers, then a NOC is required from the publisher.
- If the application is being filed through an attorney, you need a Power of Attorney in original duly signed by the applicant and accepted by the attorney.
Software
- 2 Copies of work
- DD/IPO of amount (as applicable).
- If the applicant is not the author, then a NOC (No Objection Certificate)from the author is to be submitted.
- If the work is published and the applicant is different from the publisher, then a NOC from the publisher is required.
- If the filing of application is through an attorney, then a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
- Source code and object code of work is needed for the verification purpose.
Procedure for the Copyright Registration
You need to register on the government site http://copyright.gov.in/. After this, you will get a login ID and a password.
File the Copyright Registration application
Apply for the Copyright registration in India with the attached documents. The demand for the registration needs to be made to the CPIO (Central Public Information Officer). Thereafter, a fee of INR 10 by IPO (Indian Postal Order) or DD (Demand Draft) is payable to the “Pats and accounts officer).
- If there is more than one work, then the separate individual application is made.
- For the copyright rules, a required fee is provided in the second schedule.
- After this, you need to submit the registration form; a Diary Number will be generated for the future reference.
- Zero Discrepancy
If within the 30 days after the registration process, any objection arises, then you can expect the objection or discrepancy correction notice. If no objection arises, then there are Zero discrepancies.
The application is filed online and requires the applicant to fill in particulars
- Particulars of the owner of the Copyright
- Particular details of the author of the work.
- Description of the copyright work
- Details of publication of the work in India
- Details of publication of the work outside India
- Particular where the original work is stored – details of the person and place has to be given.
- A notice of the copyright application being filed has to be sent to the author by the applicant if the applicant and author are different person.
- When the artistic work is competent of registration as a trade mark, then it is obligatory for the applicant to obtain certificate from the Registrar of Trade Marks clarifying that such work is not registered as a trade mark.
What to do when a discrepancy arises during scrutiny?
A notice is sent to the concerned person, and after this, a date for the hearing will be taken in which the query will be resolved. And you can proceed ahead with the registration.
- Rejection of Application
Even after the scrutiny, your application gets rejected then a letter of rejection of the copyright registration is sent to the applicant.
- Issuance of Copyright Registration Certificate
After the application is approved, a Copyright registration certificate is issued.
What is the validity period of Copyright Registration?
Any kind of artistic work created after 1 January 1978 for this, the Copyright Registration is valid only till the creator is alive plus 70 years.
In case the work is related to literary, dramatics, music, etc., the validity will be counted from the day the owner died plus 60 years.
What is the punishment for violating the rights?
Copywriting the original content is a kind of crime which undermines the sentiments of the original creator. There is a stringent punishment for violating the same, which includes:
- A penalty of INR 2 Lakh.
- And imprisonment up to 3 years.
Conclusion
The Copyright Registration procedure is not necessary, but in case an issue arises, and the matter surges to the court, then this certificate can be delivered in the court as the most crucial evidence. So, the Copyright registration in India must be encouraged for any kind of creative practice.
Read our article:Limitations on Exclusive Rights and Exceptions to Copyright Infringement
