Copyright registration is a very complex process as it involves a lot of research about whether your new work is already registered or not, the documentation process, and the objections to the copyright before registration, etc. Responding to copyright objections is necessary so that you can state clearly that the copyright claim is genuine and the work is not a copied piece of art. Reply to copyright objections should be made at the time designated, else the copyright registration application will be rejected, and the applicant will have to file a new application by following the same process. As soon as the reply to such objection is made and the registrar is satisfied, the applicant will be given copyright protection for the artistic work that has been done by him/her.
What do you mean by Copyright Objections?
Copyright objections mean objections made before the registration of any copyrighted work by a third party who believes that the work for registration already exists or is not new. The objection can be raised by the registrar as well if he thinks that the work cannot be copyrighted because of any issue therein. Whenever an objection is made against someone’s work, the author of that work needs to be informed about it within 30 days of such objection and is required to reply to copyright objections. Responding to Copyright Objections involves a procedure that should be followed by the applicant within the prescribed time by the authorities.
A copyright objection doesn’t need to be made only on the base of copied or non-distinctive work, but it can also be objected to for various other reasons. It can be objected to if the registrar does not do the documentation properly. Upon receiving the discrepancy letter from the registrar, the applicant is required to submit an explanation about the issue, or else copyright registration will not be done. To register, the applicant again has to apply by following the whole process.
What is the need to Respond to copyright objections?
The need for responding to copyright objections is such that if not replied to, the registrar of copyright registration will mark the application as rejected, and the applicant would not be given the legal protection for the work he/she claims to be original and copyright worthy. The applicant has to follow a proper process to file a reply for responding to copyright objections to the registrar to help the cause. If the applicant doesn’t follow the set procedure or doesn’t give a satisfactory response to the objections made, then the registrar will reject the copyright application, and in the meantime, someone else might take advantage of it and get the same work registered under his/her name and get legal protection. The response should be well drafted and done under the supervision of a learned, legally qualified person who can tell the applicant about the correct procedure to follow and the right way to reply.
Responding to Copyright Objections
Responding to Copyright Objections is a tricky thing since it requires someone to have good legal knowledge to file a reply legally defending the case. To draft a reply of objection is complex and requires assistance that can be provided by Corpbiz.
Responding to Copyright Objections can either be done by the applicant or with the help of a legal professional can be taken since the reply to such objection is a legal matter, and without proper assistance, the claim to the genuineness of the work might be hard to prove for the applicant. It is recommended to take the help of a person who has legal knowledge about the issue rather than filing the reply by oneself. There is no set format in which a reply has to be made, but there are certain documents and proofs that have to be attached to the reply to prove that the work should be given legal protection under the Copyright Act. The documents that need to be attached are –
- A copy of the application made for copyright registration.
- If required, an affidavit for the reply
- Supporting documents to prove your case and defend the objections made against the work
- The applicant has to give power of attorney if a legal counsel is filing the reply on behalf of the applicant.
- A discrepancy letter copy that was issued by the registrar
If the registrar of copyright is satisfied with the documents submitted and the reply given, then he will arrange a hearing. In the hearing, both sides will be heard, and the registrar will make a decision based on the arguments and relevant proofs submitted. If the registrar is satisfied with the reply to copyright objections, then he may grant the registration certificate to the applicant or else mark the application as rejected.
It describes how much legality is there in the process starting from the application procedure and the filing of a reply in case any objection is made. Hence, the applicants should take help of the legal professionals so that the necessary steps are taken at the right time.
Conclusion
Responding to Copyright Objections is a very necessary thing to do if any objections are made against your work submitted for copyright registration. It secures it from being rejected for registration and also protects the legal rights of the applicant after its registration under the Copyright Act of 1957. The above-mentioned procedure should be followed at any time to strengthen your case and prevent the work from being rejected by the registrar. It needs a lot of research work for the applicant if an objection is made against the work since he has to now prove that his work is novel and isn’t copied from others. If the objection is made due to a lack of necessary documents, then the reply to the objections becomes considerably easy, and the respondent has to produce those documents for the registrar.
Corpbiz can help these individuals from starting of the copyright registration process with all the documentation and the research about the novelty of the work. Even if you have already made the application for copyright registration and there are objections made against it, you can contact us and we will help you with the whole process of filing the reply and hearing process.
Frequently Asked Questions
In how many days the registrar has to inform the applicant about the objections?
The registrar has to inform the applicant about the objections made against the copyright claim within 30 days of such objection made by him or a third party. After the communication is done, the applicant is given time to file a reply with relevant supporting documents.
Is responding to Copyright Objections mandatory?
Yes, responding to Copyright Objections is mandatory if you want to complete the registration of the work that needs copyright protection. If the objections made are not replied to satisfactorily, the registrar of copyright will mark the copyright registration application as rejected.
Why a person with legal knowledge is required while responding to Copyright Objections?
While responding to Copyright Objections, a legal scholar is needed since he/she has the required legal knowledge about how to tackle the issue and get the copyright registered by filing a correct reply. The discrepancy letter after the objection is issued to the applicant which is a legal document and to look into the legality of the application the applicant should take the help of any legal attorney.
What is the consequence of not replying to objections made?
The applicant has to follow a proper process to file a reply for responding to copyright objections to the registrar to help the cause. If the applicant doesn’t follow the set procedure or doesn't give a satisfactory response to the objections made, then the registrar will reject the copyright application, and in the meantime, someone else might take advantage of it and get the same work registered under his/her name and get legal protection. The response should be well drafted and done under the supervision of a learned, legally qualified person who can tell the applicant about the correct procedure to follow and the right way to reply.
Which documents are required to reply to copyright objections?
The documents required to reply to copyright objections are –
· A copy of the application made for copyright registration.
· If required, an affidavit for the reply
· Supporting documents to prove your case and defend the objections made against the work
· The applicant has to give power of attorney if a legal counsel is filing the reply on behalf of the applicant.
A discrepancy letter copy that was issued by the registrarWhich type of offence is committed if someone infringes copyright?
As per Section 63 of the Copyright Act, of 1957, if a person infringes others' copyrighted work or even abets it, it would amount to a criminal offence.
Who needs to prove a copyright infringement?
If there is any copyright infringement then the plaintiff is required to prove such infringement by the respondent and then the respondent is required to make submissions for his/her defense.
What is the period in which a copyright objection reply has to be filed?
The copyright objection reply has to be filed within 30 days of issuance of the letter of discrepancy.
What is the validity of copyright after the grant of registration?
Once the objection stage is cleared and the copyright is granted to the author, then the author is given legal protection for the rest of his/ her life and 60 additional years after the author's death.
Who can claim the copyright after the death of the author?
After the death of the author, his/ her legal representatives have the right to claim the copyright and demand legal protection for it.
Read Our Article: Exploring The Benefits Of Early Copyright Registration
