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Copyright Registration

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Copyright Registration

 

WHAT A COPYRIGHT IS?

Copyright, as the word suggests, confers a legal right to the creators of literary, dramatic, musical and artistic works as well as to the producers of cinematograph films and sound recordings. The concept of copyright was initiated to ensure the protection of a creative person’s intellectual works and to encourage innovativeness by lifting its uniqueness and guard the work against being reproduced by unauthorized beings.

Copyright is guaranteed with a legal recognition under the Copyrights Act 1957. The right authorizes a person to reproduce, translate, bequeath or sell the work for consideration. But the ideas, methods or procedures cannot be copyrighted. The registration of Copyright is done at the Copyright Office, under the control of Registrar of Copyrights who shall act under the guidance of Central Government. The term of Copyright differs in respect to the kind of work copyrighted which is dealt with under Chapter V of the Copyrights Act 1957.

eStartIndia is the best online legal services platform for services relating to Intellectual Property Rights in India, offering a variety of IPR registration services like Trademark Registration, Copyright registration, and other connected activities.

eStartIndia will help you to get the Copyright from the comfort of your home, offering you services that are very specialized and tailored as per client’s request.

Get a free Consultation for Copyright registration with Our Top Rated Experts with a simple registration.

 

WHAT CAN BE COPYRIGHTED?

The rights permitted to an owner of copyright varies as to the type of original work which is noted down:-

  • In the case of artistic, literary, dramatic and musical work which are not computer programs the owner of Copyright has the power to reproduce, translate, issue copies, perform/communicate to the public, to make cinematographic films with respect to the work Copyrighted.
  • The creator of computer programs will have the right to sell or rent out the program for consideration in addition to the rights mentioned in the point above.
  • When a sound recording or cinematographic film including photographs are copyrighted then the creator has the right to reproduce, communicate to the public, store in electronic form, sell or rent out the work.

 

WHY IS REGISTRATION OF COPYRIGHT IMPORTANT

  • The registration grants the creator of the work a legal guard against any infringement of his rights.
  • Copyright makes your work more unique and it gives right for you to market it among the targeted consumers.
  • The creator gets exclusive right in reproducing, translating, disseminating and adapting the copyrighted work.
  • The certificate of registration of Copyright acts as evidence before any court of law in reference to your ownership.
  • It acts as intellectual property and the goodwill can be bequeathed, sold or rented out by the owner.
  • It preserves the original work and protects it from being duplicated.
  • The copyright protection granted by the Indian legal system is widely accepted by many foreign countries which allow the work to seek privilege in those countries.
  • Registration makes the work more publically acceptable and it can be easily identified and searched with the registered database.

 

DOCUMENTS/DETAILS REQUIRED.

  1. IDENTITY PROOF: The identity proof of the author and the applicant must be produced.
  2. CERTIFICATE OF INCORPORATION: If the copyright is registered on behalf of a company then the certificate of incorporation must be produced.
  3. CLASS, DESCRIPTION, AND TITLE OF WORK
  4. COPY OF THE WORK: The copy of the work, if not in English then with a translation in English must be made.
  5. DETAILS OF PUBLICATION: If the work is published then the details of such publication must be made.
  6. POWER OF ATTORNEY IN FAVOUR OF THE ATTORNEY
  7. NOC FROM AUTHOR/PUBLISHER(if applicable)
  8. SEARCH CERTIFICATE: Search Certificate is required from the Trade Mark Office (TM -60) if the work is being used on goods or capable of being used on the goods.

Registration Process

PROCEDURE FOR COPYRIGHT REGISTRATION

  1. An application form containing all the details of the work and the creator must be filled in Form IV.
  2. The application must be duly signed by the applicant and the advocate or power of attorney must be executed.
  3. The filled application along with the copy of work have to file with the Registrar of Copyrights at Copyrights office.
  4. The payment can be made through demand draft, postal in favor of Registrar of Copyrights or through E-payment.
  5. A statutory time limit of 30 days is given to raise an objection. In case no objection is raised copyright is granted and in case any objections are raised, the registrar hears both the parties then decides.
  6. It normally takes 2 to 3 months’ time for successful registration of copyright.

 

Click here to read more about “Patent Registration”.

Click here to read more about “Design Registration”.

Step 1

The aggrieved must apply to the Registrar of Intellectual Property Appellate Board using Form TM 26 or TM 43 (for collective or certification mark), stating the reason to rectify with remitting the prescribed fee.

Step 2

The registrar will then send notice to the proprietor of the trademark to file a counter statement.

Step 3

Both the parties will then have to file affidavits producing their evidence.

Step 4

The matter will then be put before the Registrar or Board for hearing.

Step 5

After hearing the sides the Registrar or Board will come to a decision and an order will be passed.

FAQs

The validity of a Copyright is 60 years. The computation of the number of years starts from the date of death of the author in case of literary, artistic, dramatic and musical works. Whereas in the case of cinematographic films, sound recordings, photographs etc. the computation initiates from the date of publication of work.

 

Short words like titles, names, logos cannot be copyrighted but can be trademarked. Copyrights only protect original works with creativity and will not protect mere ideas or concepts.

 

The main objective of the copyright is to protect the original work from being copied by another person to make any gain. The owner of copyright will have absolute right is assigning, transferring, selling or franchising the work.

 

The work copyrighted in India will be protected only by the Indian legal system. In case the work is to be used in any other part of the world, the copyright obtained from India can be used as a valid base.

 

The copyrights give the owner an absolute right of ownership on the work like how he has it on any of his other property. Therefore like any other property, the copyrighted work can also be transferred and sold.

 

After receiving the notice intimating charge of infringing the copyright, you may seek legal assistance and either conduct an out of court settlement or approach the district court with jurisdiction.

 

The aggrieved can file a civil suit or criminal suit against the offender depending upon the nature of the offence in district court within the jurisdiction. The civil remedies are made available under Chapter XII of the Copyright Act 1957.

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