Copyright Registration in India
Have you ever wondered how to protect your original creations, whether it’s a book, a song, a photograph, or any other work of art? The answer lies in copyright registration. Copyright laws in India provide a legal shield to creators that prevent anyone else from duplicating or profiting from their creative assets without permission. In this blog post, we’ll delve into the nitty-gritty of copyright registration in India and why it’s essential to safeguard your intellectual property. Whether you’re a writer, artist, musician, or content creator, you don’t want to miss out on this critical information. So, let’s get started.
1. What is Copyright Registration in India
Copyright registration is a way to safeguard one’s creative work from being copied or reproduced by others without permission. In India, such protection is provided under the Copyright Act of 1957. This act covers various types of creative works, including literary, dramatic, musical, and artistic works, as well as computer programs and compilations. Copyright registration provides certain minimum rights to the owner of the work, such as the right to reproduce, communicate to the public, and adapt or translate the work. Registration is not mandatory but is always advisable as it gives the owner an exclusive right over their work for a minimum period of 60 years. To obtain copyright registration, an application including all necessary particulars, fees, and a Vakalatnama or Power of Attorney must be submitted to the Registrar of Copyrights. Once an application is filed, the applicant must wait for a mandatory period of 30 days, during which time no objections can be filed against their claim. Copyright registration is important to protect the owner’s creative work and encourage further creativity in society.
2. Importance of Copyright Registration
Copyright registration in India is of utmost importance for creators and owners of original literary, artistic, dramatic, and musical works. Copyright provides the creator with a set of rights, protecting their works against unauthorized use and theft, while also serving as an incentive to create new works. It can be voluntary, and both published and unpublished works can be registered. The advantages of copyright registration include the ability to file a lawsuit for copyright infringement, with the certificate of registration serving as prima facie evidence of original ownership. It also notifies the public about the ownership of the work, creating a public record of copyright ownership that will go a long way toward proving original ownership if it is ever challenged in the future. Additionally, through copyright registration, creators or owners can protect their work from piracy and claim over it. The process of registering a copyright is not formal but does require an application and a prescribed fee. Registered works are protected for a period of 60 years, providing owners with legal legitimacy from a legal perspective, and providing rewards both to creators and the public who enjoy their works.
3. Types of Works Protected by Copyright
Copyright protection in India is granted to various types of works that are original in their expression. The primary criterion to determine whether a work is eligible for copyright protection is its originality. Copyright protects a bundle of rights including reproduction, adaptation, communication to the public, and translation of the work. The protection of copyright in India creates an encouraging atmosphere for designers, writers, artists, musicians, dramatists, architects, producers of cinematograph films, sound recordings, and computer software. The types of works protected by copyright in India include literary works, dramatic works, musical works, artistic works, cinematographic films, and sound recordings. Each of these categories has associated copyrights that provide exclusive rights to the creators. Copyright laws have been enacted in India with necessary exceptions and limitations to maintain a balance between the interests of the creators and the community. The history of copyright law in India spans three phases, with the Copyright Act of 1957 being the primary act governing the country. Copyright protection in India lasts for the term of the creator’s life plus 60 years, after which the work enters the public domain.
4. Categories of Register of Copyrights
Copyright registration is an important step for creators who want to protect their intellectual property rights. In India, copyright registration is divided into four categories based on the type of work being copyrighted. The first category is literary works other than computer programs, followed by computer programs, tables and compilations. The third category comprises original artistic, dramatic and musical works, while the fourth category comprises sound recordings, films and broadcasts. Once registered, the owner of a copyrighted work has statutory rights and can prevent unauthorized use of their work. Copyright registration also generates a certificate of registration, which serves as prima facie evidence that the work is original and owned by the registrant. This certificate is essential in court proceedings where the copyright owner needs to prove ownership. Copyright registration is voluntary but provides legal protection that outweighs the cost involved in obtaining it. It is a precondition for bringing a copyright infringement lawsuit, and can also serve as a public record of ownership to prevent fraudulent claims.
5. Procedure for Copyright Registration
Copyright protection is a right granted to an individual over their original piece of work. It gives the owner exclusive rights to reproduce, distribute, perform, and display their copyrighted work. The process of obtaining copyright registration involves submitting an application in the format of FORM IV to the Registrar of Copyrights along with the requisite fees. An individual can register their work for copyright protection regardless of age or whether the work was made for hire. The duration of copyright protection in India is 60 years. Copyright protection applies to literature, music, art, photography, cinema/film, computer programs and more. However, some works such as short phrases, slogans, ideas, and generic facts and figures may not qualify for copyright protection. Upon registration, the owner is granted complete and exclusive rights over their work, and no one can copy or reproduce their work without permission. Overall, obtaining copyright protection is not mandatory, but it is advisable if an individual wishes to claim exclusive ownership over their creative work.
6. Objections and Hearing Process
If you are an artist, author or creator of a work of art, you might want to get copyright protection in India to ensure that no one copies your original works. To obtain copyright registration, you must submit an application and requisite fees to the registrar. You must sign the application, and an Advocate must execute a Power of Attorney on your behalf. Once you have submitted the application, the registrar will issue a Diary Number, and there will be a mandatory waiting period of 30 days for any objections to be received. If no objections are received within that period, the scrutinizer will check the application for any discrepancy, and if no discrepancies are found, the registration will be done. If objections are raised, however, the examiner will send a letter to both parties about the objections and give them both hearing. After the hearing, if the objections are resolved, the scrutineer will scrutinize the application and approve or reject the application as the case may be. Once you have registered your work, you can have peace of mind that your intellectual property is protected for 60 years in India.
7. Duration of Copyright Protection
If you are a creator or an inventor of literary or artistic works, it is essential to secure your rights by registering for copyright protection. In India, copyright registration grants exclusive rights to the owner, such as the ability to sell, distribute, and reproduce their creation. The protection offered by copyright law also safeguards the original work from being copied or misused by anyone, allowing the author to enjoy the fruits of their labor without infringement. The duration of copyright in India lasts for the lifetime of the author and an additional 60 years after their death. However, this term may vary depending on the type of work and several other factors. Copyright registration also creates an asset that gives creators the right to trade or franchise their work, generating revenue from their composition. Overall, registering for copyright protection is crucial for authors and creators, allowing them to maintain control of their work, and reap the benefits of their hard work for years to come.
8. Advantages of Copyright Registration
Copyright registration in India provides a multitude of advantages to the creators of original works.
1. One important benefit is the power to enforce copyrights by filing a lawsuit for copyright infringement.
2. The certificate of registration serves as prima facie evidence that the work is original and owned by the registrant. Without registration, proving ownership and taking legal action against infringers can be a complicated and costly process.
3. Registration also notifies the public of ownership and creates a public record of copyright ownership, which is important in copyright disputes.
4. Additionally, copyright registration provides legal proof of ownership and possession, which may be necessary in court.
5. One of the biggest advantages of copyright protection is the prevention of monetary loss due to piracy. 6. It also incentivizes creativity and innovation by ensuring that creators can reap the benefits of their work without fear of infringement.
7. Copyright registration also protects the reputations of creators by preventing the distribution of shoddy copies of their work, thus ensuring their prestige.
9. International Copyright Registration
International Copyright Registration is an important aspect of protecting intellectual property, not just within a particular country, but also across borders. In India, individuals and entities can apply for International Copyright Registration online. Under the Berne Convention, copyright of member countries’ nationals are recognized and protected in India as if their works are Indian. Additionally, India has become a member of multiple international copyright conventions to secure protection for Indian works in foreign countries. However, copyright provided by the Indian Copyright Act is only valid within the country’s borders. By becoming a member of the Berne Convention, the Universal Copyright Convention, and the TRIPS Agreement, among others, India protects the copyright of foreign individuals and entities in India as well. This allows for increased collaboration and protection of intellectual property on a global scale.
10. Trademark Symbols and their Meanings
If you’re unfamiliar with the different trademark symbols and their meanings, you might be missing out on an opportunity to protect your intellectual property. The TM symbol, for instance, is commonly used to indicate that a trademark application has been filed with the trademark registry. It serves as a warning for potential infringers and counterfeiters. On the other hand, once a trademark is registered, the applicant can start using the ® symbol next to their trademark. This symbol signifies that the trademark is registered and enjoys protection from infringement under trademark laws. The © symbol, on the other hand, stands for and is a reserved right notice concerning any work that can be copyrighted like artwork, photography, videography, books, literary works, etc. While the use of © symbol is not a statutory requirement in India, it is still a good practice as it puts infringers on notice. By understanding and using these trademark symbols correctly, you can protect your intellectual property and ensure that your work isn’t copied without your permission.
11. Documents required for Copyright Registration in India
Copyright registration is a vital step for creators to protect their original works of authorship. I
n India, copyright registration requires certain documents to be filed with the Registrar of Copyrights. Among the necessary documents are two soft copies of the work, a no objection certificate from the author or applicant, and a search certificate issued by the Registrar of Trademarks. If the work is published and the publisher is different from the applicant, a no objection certifipublisher is also needed. Additionally, a specific power of attorney is cate from required if the application is being filed through an attorney. These documents are essential for the copyright registration process, and creators need to ensure they have them in advance. At Brand Liaison, a team of qualified professionals offers complete registration services for copyright protection. With clear guidance on the required documents, creators can secure their exclusive legal right to their original creations.
12. Disadvantages of Copyright Registration in India
While there are numerous advantages to copyright registration in India, it is important to also consider the potential disadvantages.
1. One of the main drawbacks is the cost and time involved in the registration process.
2. It can be a lengthy process, taking up to several months to complete and it can come with relatively steep fees.
3. Another potential disadvantage is that copyright registration is not a guarantee against infringement.
4. The owner of the copyright may still need to seek legal action in order to claim their rights and prove their ownership in court.
5. Additionally, the terms of copyright protection are limited to a certain number of years after which the work falls into the public domain, meaning it can be freely used and reproduced without any payment to its original creator.
Despite these drawbacks, copyright registration offers many benefits including legal protection, the prevention of monetary loss, and the incentive to create. It also ensures that the prestige and reputations of creators are always protected and respected.
13. Frequently Asked Questions about Copyright Registration in India
Copyright Registration in India is an important process that grants creators legal rights over their work. Here are some commonly asked questions about the process:
1. Is it necessary to register for copyright in India?
It is not necessary to register, but recommended as it provides evidentiary value and can be used in case of disputes.
2. How can one apply for registration?
The application can be submitted via post or online through the e-filing facility available on the Copyright Office website.
3. What are the forms required for application?
Form XIV is required for registration of copyright, while form XV is required for registration of changes in the particulars of the copyright.
4. What are the fees associated with the application?
Fees vary depending on the nature of the work and can be paid via postal order, bank draft, or online payment payable to the Registrar of Copyrights, New Delhi.
5. Are there any requirements for submitting the work along with the application?
Two copies of published or unpublished works may be sent along with the application.
Overall, registering for copyright in India is a simple and straightforward process that provides creators with legal protection for their work.