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Savvy Midha
| Updated: 26 Feb, 2020 | Category: Copyright, IPR

Copyright Registration in India – Process, Requirements and Duration

Copyright Registration

Copyright is one of the legal rights granted to the inventors and creators of literary, music, dramatic, and producer of films and recordings. By getting it registered through Copyright Registration, it grants the owner of the work an exclusive right to sell, distribute or reproduce its publication. Copyright registration is governed under Copyright Act 1957[1] in India. By getting the copyright registered, one becomes the legal owner of his work and gets the exclusive right in respect of his creative work such as books, painting, music, website, software, novels, etc. Copyright secures the original work from being copied or misused by anyone.

Copyright Protection

Copyright registration safeguards the author from infringement of his work.

The following work can be protected under Copyright Law:

  • Cinematography film
  • Books and novels written by the author
  • Sound and music recording
  • Work-related to art such as painting, photographs, etc
  • Literary work
  • Computer program and software
  • Building of website
  • Broadcast on radio and television

What are the Mandatory Requirements for Copyright Registration?

Copyright Registration ensures and restricts the unlawful reproduction of original work. Thus basic requirements for copyright registration in India are as follows:

  • Basic detail of applicants such as name, address, contact details, e-mail id, and Nationality
  • The applicant shall make a soft copy of his work along with files in JPG format. In case the work relates to a website or software, the same shall be uploaded on CDs and DVDs.
  • In case the copyright is related to any artistic work, the applicant shall obtain a clear copyright search certificate from the trademark office.
  • If the original composer of work willing to register the copyright through an authorized representative shall authorize any advocate through a power of attorney signed by him.

What is the Copyright Registration Process in India?

Following is the step to register a copyright online in India:

  • Apply online by completing the particular of the statement as per the format of Form IV along with necessary documents and requisite fees.
  • A fee is mentioned in schedule 2 of the Copyright Act. A separate application is required for different work to be registered through copyright
  • The application shall be self-attested by the applicant and authorized representative on whose favour power of attorney has been executed
  • Upon the receipt of such an application, the registrar issues the Dairy Number to the applicant for future reference.
  • There is a provision of a mandatory waiting period of 30 days in case any objection is received on such copyright. If any objection is received in such time, the examiner will forward the copy of such objection to both the parties and will call upon them for further hearing.
  • After hearing the party, the examiner, once the objection is resolved, will approve or reject the same as per its discretion.
  • After the expiry of the waiting period, in case no objection is received, the scrutinizer will examine the application further for any discrepancies.
  • If the examiner is satisfied with the completeness of the application and is satisfied that no discrepancy prevailed shall forward the extract to the registrar for the entry of such copyright in Register of Copyright.

Documentation for Registration Process

Following documents are required online Copyright registration process:

  • Id proof of applicant such as Voter Id, Passport, DL (Anyone of these)
  • PAN and Aadhar of applicant
  • NOC from the composer in case applicant and composer are two different person
  • Power of attorney
  • Xerox copy of original composition in JPG format
  • In case the composition relates to software or website, supporting CD or DVD is required

What are the Benefits of Copyright Registration?

  • Registered copyright can be used as evidence in the court of law over ownership of work. It authorizes the creator to use the legal powers against the person who copy the original work without authorization
  • Registered copyright builds upon the goodwill of the author by creating the image of an inventor.
  • Work protected through copyright is not restricted to the life span of the creator since its validity is higher than any other form of intellectual property
  • Through registering its work, copyright prevents illegal reproduction of an original composition
  • Copyright Registration is very important for someone who has done creative work. Copyright secures the author of the work and registered copyright comes within the purview of legal framework thus preventing its misuse
  • Registered copyright creates an asset that gives the right to trade, franchised, or allows anyone to use its composition by charging the appropriate fees.
  • Once the publication is registered, it is stored in public record to benefit the original creator to build his own for the long term.

Legal rights to registered Copyright

Following are the rights of the composer of original work who get it registered in the form of copyright:

  • The copyright owner retains the following exclusive rights such as:
  1. Under the right of paternity, the owner can get authorship for his published work
  2. Owner may reproduce the work in any form it like
  3. It’s a sole discretion of composer to whether get it published or not
  4. The owner has the right to sell or reproduce his work
  5. The owner has the authority to take action against reputation or image loss
  • Copyright act prohibits any third person to use, reproduce or make copies of the original work unless it has been authorized by the owner to do so.
  • It’s upon the sole discretion of the copyright creator how it wants to use his work.
  • The owner has the communication right, such as to make or publish its work to the public using broadcast or wireless distribution.

Read our article:Legal Action Against Copyright Infringement Under the Copyright Act

What is the duration of registered Copyright in India?

The validity of copyright is the highest amongst other intellectual property in India. Copyright is valid for the entire life of an author plus 60 years after the cessation of the author.

Duration of copyright varies as per the nature of work such as:

  • Books, novels, musical creation or artistic work: 60 years after the death of the author
  • Anonymous work: 60 years since the first publication
  • Cinematographic work: 60 years since the film was screened
  • Sound recording: 60 years since the recording released

What is the Scope of Copyright registration in India?

The copyright act limits and supervises the unauthorized usage of original composition and publication. Both published and unpublished work can be protected through copyright registration. All kinds of works are covered under the scope of copyright registration, such as literary, art, novel, music, cinematography, etc. Copyright protects the original composition for the entire life of the author and even after the death of the composer; no one can copy his work since copyright protects for 60 further years.

Takeaway

Copyright registration is needed to secure the original composition from being copied, tampered or any other form of fraud and unfair advantage. Original work is protected through copyright registration can be used as legal proof evidencing the registered work belongs to the owner only.

Read our article:How To Obtain Copyright Registration in India?

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Savvy Midha

Savvy Midha holds the degrees of Bachelor of Commerce(honors), LL.B and Company Secretary. She is an experienced Legal and Financial writer with expertise in research, drafting, and copy-writing.

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