Copyright Registration India

Copyright Registration India

Copyright registration India allows its owner sole rights to copy or reproduce the work or grant permission to another to do so.

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What is Copyright Registration India?

Copyright registration India gives monetary rights and benefits to the original creators of literature, art, music, sound recordings, cinematographed films and broadcasts. This enables the creators to make money from their creation by making copies, performing in public, broadcasting, and issuing its copies to the public for various other online uses. Copyright is automatically created at the moment when creator creates something. But, the act of copyright registration in India is important as it gives the creator a legal right in public so that others cannot exploit the creator’s work.

Significance of Copyright Registration India

Prima Facie Evidence
Online Copyright Registration provides a prima facie evidence in case if the litigation arises. The proof is essential to attest to anything in the court of law; hence copyright filing is very beneficial for creators.
Protection Extended Even After The Creators Death
Online Copyright Registration is not restricted up to the original creators’ life span; its validity is longer than any other intellectual property. It is secured for the creators’ lifespan and 60 years after his/her death.
Public Record
When the Online copyright registration is done, a definite public record is created that helps the original creator to establish his ownership over the said copyright.
For Filing a Case For Infringement
An individual cannot sue for copyright infringement unless he/she has a registered copyright. Online Copyright Registration gives the holder the official right to file for infringement and claim for damages.

Documents Required for Copyright Registration India

Details of the applicant
Name, Address & Nationality of the Applicant (Certificate of Registration must be provided for a body corporate)
Nature of interest
Nature of the Applicant’s Interest in the Copyright i.e. if the applicant is the original creator or a representative of the creator
Details about the work
Like Type & Description of the Work, Title of the Work or URL Language of the Work
Date of Publication
The date when your creative work was first published

What can be registered as a copyright?

  • An original creation which is in a tangible form, i.e. a DVD or a book or a painting.
  • Literary works: books, computer programs, and any other type of compilations.
  • Online writing, such as a blog or series of articles
  • Musical works and sound recordings including lyrics cinematographed films.
  • Artistic works: including maps and architectural plans, graphics, sculptures, paintings, etc.

Copyright registration India Process

The copyright registration process involves the following steps:

Step 1: 

The copyright registration application has to be filed in the concerned forms with the Copyright Registrar, mentioning the particulars of the work.

Depending on the type of work, separate copyright applications may have to be filed.

Our representatives will ask for basic details based on your copyright work. You will also need to send us three copies of your work and few signed documents including an authorisation letter that we will send by email. If the work is unpublished, two copies of the manuscript can be sent, where one copy will be returned to the applicant with seal and the other will be retained confidential with the Copyright Office. Applicants can also choose to send only the extracts of the manuscript instead of the whole unpublished copy.

Step 2: 

The forms must be duly signed by the applicant and the application must be submitted by the Advocate under whose name Power of Attorney has been executed.

Our experts will then prepare the copyright registration application and submit the necessary forms with the Registrar of Copyrights electronically.

Step 3: 

Once the application is submitted online, you will be issued the Diary number.

Step 4: 

There is a waiting period of 30 days within which the Copyright Examiner reviews the application for potential discrepancies and/or objections.

Step 5: 

If discrepancy and/or objections are found, discrepancy notice will be issued and the same needs to have complied within 30 days from the date of issuance of the notice.

Step 6: 

Once the discrepancy has been removed or if there are no discrepancies or objections with the application, the copyright shall be registered and the Copyright Office shall issue the Extracts of Register of Copyrights (ROC) which is nothing but the Registration Certificate.

On completion of the copyright application, you will receive a diary number. Registration will take 12 months from this day. During this time, we may be asked for some clarifications on the same and/or some defects in the application and it will cost a further Rs. 1500 for responding and complying with the defects. Our representatives at Vakilsearch will inform you of the changes in the status of your application throughout.

Make Application in 3 Easy Steps

1. Follow Quick Process
  • Pick the best suitable Package
  • Spare less than 10 minutes to fill out our online Questionnaire
  • Upload required documents
  • Make quick payment through our secured gateways
2. Experts at Bharatregister are here to help
  • Assigned Relationship Manager
  • Consultation regarding the copyright registration process
  • Provide details about your original work
3. Your copyright application is filed
  • All it takes is 10 – 12 working days

Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information nor protect ideas or concepts. Copyright is provided only to original literary work.

A trademark is a mark given to protect a brand name, logo or slogan. On the other hand, copyright is a protection given to unique content like a book, music, videos, songs and artistic content.

Copyright protection is valid for 60 years. If it is literary, dramatic, musical and artistic works, the 60-year period is counted from the year following the expiry of the author. For cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60-year period is counted from the date of publication.

A copyright registration can be sold, transferred, gifted and franchised with due consent from the owner of the work.

There are two centralized agencies for copyright in India, namely:

Copyright office
Copyright board
The registrar of copyrights heads the copyright office. Indeed, its chief function is to maintain the register of copyrights. While the copyright board rectifies the errors in the register of copyrights and even granting the compulsory licenses.

No, the copyright registration is not mandatory. However, it is always a wise decision to get a copyright registration procedure for its evidential value. It provides the owner with additional benefits and rights to protect their original work.

 

Compare and know which Intellectual Property protects your business:

Managing Your Business

Trademark Registration

Provisional Patent

Permanent Patent

Copyright

Governing Act

Trade Marks Act, 1999

The Patents Act, 1970

The Patents Act, 1970

The Copyright Act, 1957

Registration Requirement

Mandatory for claiming exclusive right

Mandatory

Mandatory

Optional

Most likely used for

Logo, Design, Packing Material, Name of Business / Company

New invention idea with a prototype

New invention idea with a prototype

All types of original artistic, dramatic or musical works

Symbolic Representation

After application ™
After registration ®

No symbol

No symbol

©

Valid for

Trademark once registered is valid for 10 years which can be renewed

Provisional patents valid for 12 months during which complete specification must be filed

A permanent patent is valid for 20 years including the year of provisional patent filing

In addition to lifetime validity of creator it remains valid till 60 years after his death

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