Copyright Registration

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What is Copyright Registration?

Copyright is the right of ownership of literature, plays, music, artworks, sound recordings, etc. Copyright registration provides a bundle of rights to reproduce, communicate to the public, adapt and translate the work. The registration of copyright ensures certain minimum safeguards of authors’ rights to own and enjoy their creations, which protects and rewards creativity.

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Process for Copyright Registration

Copyright registration can be done on Application Form IV in a requisite manner and for the applicable fee. Whether it is a published or unpublished work, it can be copyrighted. Three copies of the published work must be submitted with the application for published work.

Whereas for unpublished work, a copy of the manuscript needs to be sent along with the application to affix the stamp of the Copyright Office, which is the proof of the work being registered.

Here is the step-by-step process to get copyright registration in India:

  1. Copyright registration applications must be submitted on the appropriate forms, referencing the specific work. A specialized copyright application may be required depending on the type of work.
  2. The applicant needs to sign the forms, and the advocate has to apply the name to whom the POA has been executed. In the meantime, our experts will prepare the copyright registration application and submit the required documents to the copyright registrar.
  3. The diary number will be issued after the submission of the online application.
  4. Within the 30-day waiting period, the copyright examiner reviews the application for potential objections or any other discrepancies.
  5. A notice will be given if there is a complaint, and it must be completed within 30 days of the date of the statement’s issuance. The examiner can then summon both parties to a hearing. 
  6. After the discrepancy is removed or cleared, the copyright is registered, and the copyright office will issue a certificate of registration.

Copyright Protection Validity

Typically, copyright protection is valid for 60 years. However, in the case of original literary, dramatic, musical, and artistic works, 60 years are counted after the year of the writer’s death.

In the case of cinematographic films, pictures, sound recordings, posthumous publications, anonymous and pseudonymous publications, government work, and international organization work, 60 years from the date of publication are counted.

Documents required for copyright registration

To obtain copy registration, the following documents must be submitted:

  1. ID Proof (Name, Address, and Nationality of the candidate.)
  2. The publisher’s Certificate of No Objection (If the publisher and the applicant are two different persons.)
  3. Find the certificate from the Trademark Office (If any)
  4. NOC from the person whose photograph appears at work
  5. power of attorney
  6. 2 Copies of the work (in the book/source code CD (if the website is copyrighted))
  7. KYC of the author

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Benefits of obtaining copyright registration

  • Provides Legal Protection: Producers enjoy legal protection when their work is reproduced without authorization. Registering a copyright makes it easy to protect the original state from a breach. 
  • Market Presence: Copyright registration establishes proof of ownership of the creative work by creating a public record.
  • Owner’s Rights: The registered copyright owner can reproduce, transmit, adapt and translate the work.

Rights of the Copyright owner

  1. Right of Public Performance: Owners of artistic and musical works may present their work in public. For example, a musician can play his music for people. Likewise, an artist can perform in public or on any stage the artist wishes.
  2. Right of Adaptation: The Act allows the founder to use his work the way he wants to use it. He can make any derivative of his original work. He may also use a different format depending on his current composition.
  3. Right of Distribution: The Copyright Act allows the owner to distribute his work in any form of his choice. If he so desires, he may transfer certain rights to use the copyright to another person.
  4. Right of Communication To The Public: Owners can broadcast their original work to the public. The copyright owner may also use visual cues or images.
  5. Right of Reproduction: Copyright registration provides exclusive rights to the copyright owner. No person may copy or reproduce the work without the copyright owner’s permission.
  6. Right of Paternity And Integrity: The creators of the original work are given the rights of integrity and ethics. The right of attribution or paternity implies that the creator can claim sole authorship on their piece of work. The right of integrity allows the owner to claim damages from individuals. If someone distorts, modifies, or attempts to distort the original work, the copyright holder can claim the person’s injuries.

Lawful Use of Copyrighted Work Without Permission

Under certain conditions, the law allows a registered work without the owner’s permission for research, study, criticism, review, news reporting, use of the works in libraries, schools, and legislatures. To protect users’ interests, certain exemptions have been outlined regarding specific services of pieces enjoying copyright. Some exemptions are the use of work,

  1. for research or private study,
  2. to criticize or review
  3. concerning judicial proceedings
  4. for a performance by an amateur club or society, if a performance for a non-paying audience and
  5. To make sound recordings of literary, dramatic, or musical works under certain conditions.