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Copyright Registration

What is Copyright Registration

Copyright is the exclusive right to do certain Acts in relation to Artistic, Literary, Dramatic, Musical Work, Cinematographic Film and Sound Recording Software. The Copyright vests in original work in whatever from it may be i.e. Literary, Artistic, etc. The registration of Copyright in India is not mandatory but useful in courts where Civil and / or Criminal Proceeding can be taken to protect it. Doing a particular work takes lots of efforts and energy and therefore protecting the work done is as important as doing a work. Hence, one of the mediums through which one can protect as well as enjoy certain rights over his/ her works is Copyright. The only owner of registered work can use the product or even can grant permission to another person. Copyrights are also transferrable..

Why Copyright Registration

  • Legal Protection
  • Intangible Asset.
  • Various Legal Rights

What all things are Protected under a Copyright?

It basically protects the expression of ideas (e.g. words & illustrations), alone it cannot be protected. The following may be protected under copyright law:

  • Literary works (e.g., written books, computer programs, website)
  • Dramatic works (e.g., scripts for films and dramas).
  • Musical works (e.g., melodies)
  • Artistic works (e.g., paintings, photographs)
  • Published editions
  • Recorded Sounds
  • Movies, Films and telefilms.
  • Broadcasts on Radio and Television
  • Performances

Advantages of Copyright Registration?

  • Legal Protection –Copyright registration serves as prima facie evidence in the court of law over ownership of the work. Therefore, copyright registration gives the owner legal protection for his/her work.
  • Branding and Goodwill – Registered copyright can be used for marketing and creating a sense of goodwill and quality in the minds of your customer. Registered copyright show others that you care about your work.
  • Global Protection – Works that are copyrighted in many other countries are accorded similar privileges here in India. Likewise, works copyright registered in India are accorded protection in many foreign countries.
  • Restricts Unauthorized Reproduction – Copyright registration will establish that you are serious about copyright infringement. This will help impede unauthorized reproduction of the work as it provides the owner with a host of legal remedies.
  • Creation of Asset – Copyright registration creates an intellectual property, an intangible asset. Registered copyrights are an intellectual property and the rights can be sold, franchised or commercially contracted.

Details required for Copyright Registration?

Personal details: This includes the Name, Address and Nationality of Applicant. Applicant should specify the nature. Whether he is the owner or the representative?

Nature of the work: This includes class & description of the work, title of the Work. In case of a website copyright, give the URL of the website. You also need be mention the language of the Work

Date of Publication: Mention the date of Publication in internal magazines (if possible). Like a company magazine or a research paper submitted to a professor does not count as publication.

Copyright Registration Procedure

The procedure for registration is as follows:

  • Application for registration is to be made on as prescribed in the first schedule to the Rules;.
  • Separate applications should be made for registration of each work
  • Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules For Turnover Above Rs. 20 Cr in Case of Manufacturing or Trading or Storage beyond certain limited as specified by the law.
  • The applications should be signed by the applicant or the advocate in whose favor a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.

Time for Processing Application

After you file your application and receive diary number you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim that particular work is created by you.