Copyright Registration in India
Copyright registration is a set of exclusive legal rights granted the author for his creative work, which may or may not have commercial value. While it may be possible for a creative work to get copied or distributed illicitly, copyright can mitigate such possibilities by keeping potential infringers at bay. After obtaining copyright protection, the creator’s work becomes less vulnerable to illicit acts of distribution, duplication, and utilization, as copyright is vested in the creator. This article elaborately spans copyright registration in India and its laws and delivers insights that matter.
What Is Copyright?
Copyright registration in India protects intellectual property against unauthorized use, sharing, and distribution. The rights under copyright are exclusive; hence, it cannot be vested in any third party unless the owner wants it that way.
The gravity of ownership without copyright over a piece of intellectual property is as viable as owning a car without valid paperwork. Although copyright supports claiming ownership over a creative work without any protection, keeping your work unprotected for long is not recommended.
Securing copyright protection poses no restriction on how you use your creative work. You can make copies or distribute your work as many times as possible. However, doing so can augment public exposure of your work, which may lead to possible infringement.
People often confuse copyright with patent and trademark. It is noteworthy that a patent is only available for a tangible form of a new idea or a ground-breaking innovation that hasn’t existed before. In short, a patent prioritizes novelty.
Trademarks also favour the same concept but it has nothing to do with the idea’s uniqueness or novelty. It generally spans the expression of the ideas that are visible and have some economic value. Common examples include taglines, brand logos, etc.
An Overview of Copyright Symbols and Rights
Upon securing a copyright, you become entitled to use a globally recognized symbol (©) that signifies that the concerned work is registered under the Copyright Act. Notably, the use of the symbol (©) is forbidden for creative works that do not fall under the Copyright Act.
Coming to the rights, the copyright provides the owner with the following legal leverages that foster protection and elevate economic value.
Claiming Authorship: You are entitled to claim authorship of your creative work, asserting your ownership over the creation.
Reproduction and Storage: The owner can perform numerous reproductions of his work and transform it into a tangible form via electronic means.
Control Over Publication: Copyright imposes zero restrictions on where you wish to distribute your work, ensuring utmost access to publication rights.
Public Performance and Communication: From public forums to event platforms, the owner can introduce their work in the public domain whichever way they want.
Freedom of translation: You can translate your work in any dialect as long as there is no breach of religious sentiment.
Selling or Transferring: The owner can draw a transfer agreement to bestow rights to any third party for reproduction or adaption of creative work.
The agreement can limit the use of copyrighted work in a certain way, or it can define in what way it must be used, giving more flexibility and control to the owner.
What is the validity of Copyright registration in India?
Copyright comes with lifetime validity and can stay in effect for an additional 60 years after the author’s demise. During this timeline, the copyrighted work stays isolated from unauthorized uses, ensuring the peace of mind for the owner.
Benefits of Copyright Registration in India
Apart from granting exclusive legal rights, the copyright confers various benefits to the owners, including;
- Freedom to reproduce and store creative works without limitations on the number of attempts.
- Global reach as copyright has widespread acceptance, enabling owners to access similar rights across different geographic nations.
- Reinforcing economic values since copyrighted work can be licensed and sold to third parties under a contract.
- Increased recognition since copyright brings a wealth of exposure for your creative work via local and cross-border markets.
List of artistic works that fall under Copyright registration in India
Copyright spans an array of creative works, including music, rhymes, etc. The Registrar of Copyrights records copyright works in a legal register under predefined categories, namely;
Literary Works (Excluding Computer Programs): This category includes written creations-spanning essays, articles, poetry, novels, etc.
Musical Works: this category safeguards Musical compositions, covering melodies, lyrics, and sheet music.
Artistic Works: Visual creations such as paintings, sculptures, drawings, and other artistic expressions enjoy copyright protection.
Cinematography Films: This category is dedicated to audiovisual works such as short films, theatre releases, etc.
Sound Recordings: This category spans audio works, speeches, and sound-based creations.
Compilations: This category encompasses data compilations, software, and tables.
The above categories fall under the Copyright Act 1957. This legislation has been amended multiple times over the years to align with the ever-changing realm of intellectual property rights.
Pre-registration checklists for copyright protection
While applying for copyright protection, you are required to comply with the following guidelines:
- Prefer converting the article works in acceptable formats like pdf/jpg.
- When it comes to Literary/Dramatic, Music, and Software, prefer using the PDF format. Make sure the file should remain in adherence to the recommended file size of 10 MB.
- For software, facilitating at least ten pages of the source code is mandatory. Make sure the code you are providing is workable.
How to Secure Copyright Registration in India: Step-by-Step Process
Securing copyright protection requires you to follow the below-given procedure:
Note: The application form varies based on the type of artistic work you wish to register. Every application should enclose the signature of the Power of Attorney (POA).
Step 1: Access the official website
Navigate to the online portal called “Copyright Office”. Create an account on the same with valid credentials. Once done, click on “New User Registration.
Step 2: Submission of Application
Post logging in, tap on the link stating “Click for Online Copyright Registration”. This will lead you to the online form (Form XIV), which you need to fill out. Once done, click on Save.
Step 3: Upload the soft copy of your signature and complete the Statement of Particulars
Upload the softcopy of your signature in the recommended format. Once done, proceed with the completion of the “Statement of Particulars”.
Step 4: Fill out the Statement of Further Particulars.
Navigate to the form: Statement of Further Particulars and fill it out with apt details. It is worth noting that this form is used to register the “LITERARY/DRAMATIC, MUSICAL, ARTISTIC, AND SOFTWARE”. Upon completing this form, tap on the Save button.
Step 5: Submit the fee
Head to the payment gateway to submit the applicable fee. But, before doing so, go through Schedule 2 of the Copyright Act to know about the exact fee structure.
Step 6: Initiation of publication
Upon receiving the application, the registrar shall share the proposed work in the official gazette to invite potential objections. Consequently, the registrar shall share the dairy number with the applicant, which serves as intimation regarding the publication. The proposed work shall remain in the public domain for 30 days.
Step 7: Sending physical documents to the registrar
Sending the physical documents, including the application form and the acknowledgment slip to the respective copyright office.
Step 8: Recording of work in the Register of Copyright
If the creative work does not attract any objection within the stipulated timeline i.e. 30 days, the registrar shall record the details of the proposed work in the Register of Copyright.
Step 9: Objection Resolution
If any objection comes to light, the same will be shared with the applicant via a registered contact. A copyright office shall arrange a hearing session wherein the applicant can put forth their case to resolve the objections.
Step 10: Application vetting and grant of registration
Following the hearing session, the examiner shall vet the applicant’s response and application. Based on what they conclude from their scrutiny, they will either grant or reject the application for copyright registration.
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