Copyright protection is essential for safeguarding original works of authorship or creators such as art, music, literary works, films etc. In India, copyright law is governed by the Copyright Act, 1957, which provides creators with the exclusive rights to use, reproduce and distribute its original works. This article will delve into the copyright registration process in India, its benefits, legal requirements and other key aspects that every creator must know to ensure adequate protection of their creative works.
What is copyright?
Copyright is a legal right granting protection to creators over their original creative works such as literary, musical, artistic, dramatic, cinematographic, photographs, architectural designs etc.. It gives creators exclusive rights to use, reproduce, distribute, adapt, translate, perform, licence, assign and commercialization their works. Copyright prevents unauthorized use of works i.e., nobody can use a copyright work without creator’s permission, in turn providing creators with financial and moral protection for its original works of authorship. Copyright generally exists for the life of the author + 60 years except from cinematography works, sound recordings and photographs for which copyright subsists for 60 years from the date of publication.
Works Eligible for Copyright Protection
Copyright protection extends to the following categories of works:
- Literary Works: Books, manuscripts, articles, blogs, computer programs & software, databases etc.
- Musical Works: Musical scores, compositions, sound recordings etc.
- Artistic Works: Paintings, sculptures, drawings, designs, architecture, photographs etc.
- Cinematographic Films: Movies, videos and other audio visual works.
- Dramatic Works: Plays, scripts, choreography etc.
- Sound Recordings: Audio recordings, including music albums, podcasts etc.
Essential Features of Copyright
For a work to be copyrightable, it must possess the following essential features:
Original Work: The work created, should be original, novel and unique. It should be the result of author’s creativity, skill, labour or judgement.
Tangible form of Expression: Copyright lies in the expression of the idea and not the idea itself, thus, the work should be in a material presentable form. For Ex: Written Text, Recorded Music or Painted canvas.
Key Benefits of Copyright Registration
While copyright protection is automatic and exists in any work as soon as it is created, copyright registration offers several additional benefits, such as:
Public Record: Registration acts a public record of ownership which is extremely helpful in case of legal disputes or unauthorised use.
Prima Facie Evidence: In case of infringement, the registration certificate serves as prima facie evidence of ownership before the court of law.
Legal Protection: Registration provides owners with the legal right to instate legal proceedings against unauthorised use.
Commercialization Rights: Copyright registration gives the owner the right to exclusive use, adapt and distribute its work. The copyright holder can also monetize the work by licensing, assigning or selling it to third parties.
Moral Rights: Creators get to retain moral rights over their works, even after assigning economic rights to third parties thereby ensuring recognition and protection against unauthorized modifications.
Copyright Registration Process in India
Copyright Registration Process in India is extremely simple and can be completed online by following the hereinunder mentioned steps:
Step 1: Preparation of the Work for Submission and other Documents
Before filing for copyright registration, ensure that the work you want to register is original and in a tangible form. Whether it’s a book, artwork, music, or software, the work must be in a format that can be submitted along with the application. Further, prepare other requisite documents such as No-Objection Certificate, Power of Attorney etc.
Step 2: Filing of the Copyright Application
You can file the copyright application online through the Copyright Office’s e-filing portal https://copyright.gov.inor submit it physically to the Copyright Office. The application must be filed in Form XIV and should include the following details:
- Personal Information of the Applicant: Name, address, and nationality of the applicant.
- Type of Work: The category of work being registered (literary, artistic, musical, etc.).
- Title and Description: Title of the work and a brief description of its content
- Language: The language of the work (if applicable)
- Date of Creation: The date on which the work was first created or published
- Author’s Information: Details about the author or creator of the work.
- Owner’s Information: Details about the person in whom ownership rights of the work vests.
- The application fee varies based on the type of work being applied for (literary, artistic, musical, etc.). The fee can be paid online or via a demand draft.
Step 3: Uploading Documents
Once the copyright application is filed, a unique diary number a is generated for your copyright application, which can be used for tracking the status of application. After this, the requisite documents have to be submitted. This can be done through the copyright registry’s online portal or the same can be sent to the Copyright Registry physically. The documents which need to be uploaded include: Form XIV (Copyright Application), Acknowledgement Receipt of Payment, Copy of the Work, No-Objection Certificate, Board Resolution/Partnership authorisation as applicable, Power of Attorney, TM-C (if applicable) etc.
Step 4: Publication in the Copyright Journal
After this, the application is published in the Copyright Journal for 30 days where the Copyright Registry invites the public to file objection against the copyright application. If an objection is raised, a notice is sent to both parties (the applicant and the objector). If the grounds of the objection are found sustainable, the copyright application is refused. If the grounds of the objection are not found satisfactory, the application is proceeded for examination.
Step 5: Examination of the Application
After this, application undergoes scrutiny by the copyright examiner who checks for any discrepancies or fallacies in the application. If discrepancies are found, the examiner issues a discrepancy letter, reply to which has to be filed within 1 month from the date of issuance. If the discrepancy is resolved, the application proceeds for registration, otherwise, matter is referred to hearing.
Step 5: Issuance of the Copyright Registration Certificate
After all this, the Copyright Office issues the Copyright Registration Certificate. This certificate is an official recognition of registration of the copyright in the applicant’s name, granting them legal rights over the work.
Conclusion
Copyright Registration is imperative for creators who are looking to protect their intellectual property. It provides legal rights, exclusive ownership and financial benefits ensuring that the creator has control their work and its use. The registration process is relatively straightforward and the benefits far outweigh the effort involved in securing copyright protection.
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