Copyright Registration
₹499.00
Documents Required for Copyright Registration in India
Documents required for copyright registration in india is listed below
Personal details:
- Name, address, and nationality of the applicant
- Name, address, and nationality of the author of the work
- Nature of the applicant’s interest in the copyright – whether the applicant is the author of the work or the representative of the author
- Copies of the original work
- ID proof of the owner and incorporation certificate if it is for business
Nature of the work:
- Class & description of the work
- Title of the work
- Language of the work
- Date of publication – publication in internal magazines, like a company magazine or a research paper submitted to a professor does not count as publication.
Documents:
- Three copies of your work
- Authorisation letter (we will send you)
Description
Online Copyright Registration In India: An Overview
Copyright is a legal right that authors, musicians, and artists have towards others using their creative works. Film and music producers also benefit from this right. They can get online copyright registration for musical compositions, copyright song lyrics, copyright videos, and much more through Vakilsearch. Online music registration of copyright in india is also available in Vakilsearch. A proprietor who registers for a copyright application, is granted exclusive rights to the work’s reproduction, duplication, and distribution. They can also delegate power to another organisation for the same purpose.
Copyright registration process is crucial because it establishes your legal ownership of the work. The dissemination of the work to the public, reproduction rights, and any translations or adaptations of the work are then under your control.
Benefits of Copyright Registration In India
- A public record of ownership– When a work is copyrighted, it is registered on a public record, thereby establishing ownership.
- Copyright infringement– In the case of copyright infringement, the authors can sue infringers to secure their work and claim statutory compensation.
- Prevents importing of duplicates– The owners can record the copyright registration with the Indian customs and prevent importing duplicate copies of the work.
- Commercial use of by-products– Have control over by-products or derivatives created from the original registered work for commercial purposes.
- Transfer of copyright– The rights can be passed or sold to a third party by the original copyright holder.
- Ensures protection– Copyright registration enables the owners to exhibit their work without the fear that it will be replicated without authorisation.
Rights of Copyright Owners
Copyright Registration Online – Before addressing the remedies for infringement, it is critical to comprehend the rights that a copyright owner holds. Owners of valid copyrights are entitled to:
- Publicly display the work that has been published
- Create the piece in a tangible medium
- Any translation of the work should not be created, replicated, performed, or published
- Create any necessary adaptations and distribute the content via broadcast, radio, or cable
The first author of the work has the following exclusive rights:
- Duplicate the work
- Create a derivative using the source material
- Publicly perform the work after it has been distributed
- Showcase the artwork in a professional context
- Seek redress if a work’s copyright is being used without permission.
Apart from this the following rights belong to a copyright owner, and only they have the authority to transfer them to another party:
- No one may duplicate or reproduce a work that is protected by copyright in india, in whole or in part, without the owner’s permission
- The creator has the sole right to adapt and use their work however they see fit (e.g., a book into a movie)
- Public communication rights: The sole right to broadcast their original works to the general public
- Owners of artistic and musical works have the sole right to public performances of their creations
- The right of attribution or paternity suggests that the owner or creator may assert sole authorship over their creative production. In other words, they can claim responsibility for it
- The owner has the legal right to sue if their creation is misrepresented or altered without their permission
- Right of distribution: The sole right to make their work available in any format they choose (through selling, reproducing, leasing, lending, renting, or transferring).
What Can Be Protected by Copyright Registration Online?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
9 Categories of Works are Copyrightable
- Books – Copyright registration in india provides legal protection to the author’s literary works. Since everything is altered, transferred, and copied so quickly in our era, the copyright registration process for literary work is crucial. It is used for book publishing and newsletters.
- Software – The IT sector in India is quickly expanding, and it is necessary to protect your unique work or software. Many programmers, coders, and developers get cheated when they come across software that is close to or identical to what they created. The copyright registration in india for software prevents any individual or third-party company from gaining unofficial access to the software.
- Scripts – Script is a written outline for a play, television programme, or film. Copyright application for a creative work—such as a script—prevents individuals from engaging in unauthorised use of your script, such as intentional and accidental copying, publishing, transmitting, exhibiting, distributing, modifying, and displaying other people’s original creative expressions.
- Lyrics – When you copyright registration, you have full protection for your song. Copyright application protects your lyrics as soon as you write them, even if it’s only on a bit of paper. The online copyright registration of lyrics gives the song constructive notice. The melody, lyrics, percussion track on the recording and chord progression in the bridge are all distinct and expressive elements to which the author might claim any of the exclusive rights.
- Websites – Text, tables, computer programmes, compilations, including computer databases; photographs, paintings, diagrams, maps, charts, and plans; and works incorporating music, including graphical notation of such work that may be copyrightable are among the digital assets on the website. You only have copyright rights to the elements of a website that you created as an author.
- Apps – Copyrights can be used to safeguard intellectual property such as computer programs. Early designs of creativity can take on many forms, including software code, graphics, and models used to create mobile applications and other computer software. Copyright registration of software allows a developer to more easily defend his work if it is attempted to be copied. For software copyrights, the code, as well as copies of artwork and audiovisual content, must be included with the application for copyright registration
- Videos – Copyright registration for video serves as clear evidence in any copyright infringement lawsuit you may file copyright online, and it makes collecting damages much easier in such a situation. It’s a simple way to establish your video rights. If you actually want to protect your work, copyrighting your videos should be at the top of your priority list.
- Songs – It is important to obtain copyright application for your song, as it is now easier than ever for others to use your work without giving you the credit you deserve. If you’re a new musician, it’s even more crucial to think about copyright protection because you might not have the resources to fight if your song is misused/pirated.
- Music – Whether you’re attempting to safeguard a song or a symphony, the first step is to get the music down in some tangible format, such as recording or writing on music staff paper. It can be difficult to assert your rights in a copyright infringement claim if you do not have recognised copyright in india for your music. And as a musician with registered copyright for your work, you have a lot of exclusive rights.
Scope of Registration of Copyright and Protection
Copyright registration provides legal protection to original works of authorship, including literary, artistic, musical, and other intellectual creations. The exclusive right to reproduce, distribute, perform, display, and develop works based on the original work is covered by copyright protection. Copyright registration is not mandatory in India, but it provides significant benefits to the copyright owner in terms of legal recognition, protection, and enforcement of their rights.
Eligibility for Copyright Registration in India
Copyright is one of the legal privileges accorded to authors, musicians, playwrights, and film and music production companies. It gives the owner of the work the sole right to sell, distribute, or duplicate its publication by having it registered through Copyright Registration. The Copyright Protection Act of 1957[1] governs copyright registration in India. One acquires the exclusive right in respect of their creative works, such as books, paintings, music, websites, software, novels, etc. by registering their copyrights.
The original work is protected by copyright in india from duplication or abuse by third parties. Copyright registration online protects original works and prevents their unauthorised replication. Thus, essential application information like name, address, phone number, e-mail address, and nationality are necessary for copyright registration in India.
The candidate must create a soft copy of his work and submit it with JPG-format files. Work that relates to a website or piece of software must be uploaded on CDs and DVDs. The applicant must obtain a clear copyright lookup certificate from the trademark registration office if the copyright is connected to any creative work. If the original author of the work is willing to get copyright registration online through a designated agent, they must give any advocate a power of attorney.
Copyright Registration Process in India
The copyright registration process in India is fairly simple and affordable. Here are the steps involved
- Fill out the application form: The first step is to fill out the application form, which can be done online or downloaded from the Copyright Office website.
- Submit the required documents: Along with the completed application form, you will need to submit a copy of the work being copyright protected and the registration fee.
- Wait for the registrar’s office to process your application: Once received, the registrar’s office will review your application and determine whether it meets all the requirements for copyright protection.
- Receive your certificate of registration: If your application is approved, you will receive a certificate of registration that serves as official proof of your copyright claim.
Different Status: Copyright Registration Procedure
The various copyright registration procedure statuses are as follows:
- Waiting: The phrase ‘Waiting’ indicates that a mandatory waiting period is in place for the application for copyright registration.
- Formality Check Failed: If the documents required for copyright registration in India aren’t received after payment, it’s considered a ‘Formality Check Failed’.
- Abandoned: The term ‘Abandoned’ denotes the absence of documents required for copyright registration in India following the application filing.
- Scrutiny: The word ‘Scrutiny’ means that the copyright registration application is still being reviewed.
- Re-Scrutiny: The phrase ‘Re-Scrutiny’ indicates that a copyright registration application is currently undergoing another review.
- Hearing: The hearing on the objection is referred to as a ‘hearing’.
How to Check Copyright Status in India?
The following procedures must be taken in order to check the status of a copyright registration:
- Step 1: The candidate must first go to the official website
- Step 2: After you log in, the website’s main page will show up on your computer screen. The ‘Status of Application’ button is located in the Online Services section, which is on the left
- Step 3: Enter your ‘Diary Number’ and then click the ‘View Status’ button after hitting the button
- Step 4:Only you will be able to view the status of a trademark application after selecting the ‘View Status’ button.
Copyright Registration & Protection Validity
The length of a work’s copyright varies depending on a number of circumstances, such as whether it has been published and, if so, when. For works created after 1 January 1978, copyright application typically lasts for the author’s entire life plus an additional 70 years. The copyright in india is valid for anonymous, pseudonymous, or work created for hire for 95 years following the year of the work’s initial publication or for 120 years following the year of creation, whichever comes first.
The registration of works produced on or after 1 January 1978, does not need to be renewed. After 28 years, renewal registration for works published or registered prior to 1 January 1978, is optional, but it does offer some legal benefits. You can easily reach out to our experts from Vakilsearch to complete the copyright registration process without any delays.
Copyright Registration: Original Work
An original work is a creation that is the product of an individual’s intellectual effort and is not copied from any existing work. In the context of copyright laws, an original work is one that is eligible for copyright registration, such as literary works, musical compositions, artistic creations, software code, and other intellectual creations. The work must be original and fixed in a physical medium of expression, such a book, recording, or computer programme, in order to be eligible for copyright application. The originality of the work is determined by the amount of creativity involved in its creation, rather than the novelty or uniqueness of the idea.
Copyright Objection
Copyright objection refers to the process of challenging the validity of a copyright registration or the alleged infringement of an existing copyright. If a person believes that their copyrighted work has been used without their permission or that someone else has registered a copyright over their work, they can file an objection in a court of law. In India, the Copyright Act, 1957 governs copyright laws and provides the necessary legal framework to resolve copyright objections.
Lawful Use of Copyrighted Work Without Permission
The Copyright Act, 1957 provides certain exceptions to copyright infringement for lawful use of copyrighted work without permission from the copyright owner. Fair use for research, private study, criticism, reviews, or news reporting are among these exclusions. Other exceptions include use for educational purposes, religious ceremonies, and public performances, among others. However, the use of copyrighted work without permission is subject to certain limitations, and it is important to ensure that the use falls within the scope of these exceptions.
Different Forms of Copyright Infringement
In the modern world, copyright infringement has become a significant problem. When someone replicates another creator’s work, whether on purpose or accidentally, it is considered to be an infringement. Primary infringement and secondary infringement are the two categories into which infringement is typically divided. In case of Copyrighting infringement you can easily send a legal notice from Vakilsearch.
What Is the Purpose of a Copyright Registrar?
The primary function of the copyright registrar is that of an office of record, where copyright claims are filed and papers pertaining to copyright are kept on file. The objective is to provide information regarding the provisions of the copyright law and the copyright registration process, to describe the workings and processes of the copyright office, and to report on information discovered in the office’s public records.
Effect of Copyright Registration
The goal of enacting the clause was not to make registration obligatory or essential in order to enforce copyright. That gave the choice. So, in order to obtain the rights granted by a copyright, an author was not required to register it under Section 44.
The documentation demonstrates that the person depicted is the real creator of the artistic creation. The presumption is not conclusive, but in the absence of opposing evidence, it is not essential to provide additional evidence to demonstrate that the copyright belonged to the person identified in the register. According to Section 48 of the Copyright Act, the copyright registration shall be prima facie evidence of the particulars entered there.
Documents that have been certified by the registrar of copyright and sealed with the copyright office seal, purporting to be copies of the register, are admissible in evidence in all courts without further justification or the submission of the original. If the legislature were to make the registration requirement compulsory, the Section 44’s language would have been altered. No clause in the Act prevents an author from exercising the rights granted by this Act because the copyright has not been registered.
The only impact of registration is that it serves as prima facie evidence of the information placed in the register, as stated in Section 48. Nothing in the Act’s provisions, either individually or collectively, suggests that registration is a prerequisite for the continuation of copyright, its acquisition or ownership, or remedies for copyright infringement.
The certificate of registration issued under the Copyright Act merely serves as a preliminary confirmation that the data stated therein has been entered into the Copyright Register. According to the law, just because something is listed in the copyright register does not mean that it is necessarily and legitimately a subject matter that is protected by copyright.
This is true because the application of skill and labour to any work that originates from its author is a requirement for the existence of copyright, and copyright cannot be asserted over a work unless the original work to which the author has applied skill and labour is produced in court to establish the work’s provenance.
Copyright exists whether or not it is registered, and the registration is only a piece of documentation showing when a certain author began asserting copyright in the creative or other work. Copyright exists whether or not registration is completed; registration does not grant any rights. The idea that copyright belongs to the person who created this work in the first place is emphasised by the definition of ‘Author’ and Section 17 of the United States Code. When the identity of the original creator cannot be established with certainty, the person who registered the work first is taken to be the author or original creator.
Copyright Registration Fee Structure
| For an Application for OBLIGATORY LICENSE | Fee |
|---|---|
| Requesting a license under Articles 31, 31A, 31B*, and 32A to republish a ‘literary’ ‘musical’, ‘dramatic’, or ‘artistic’ work | ₹5,000/- per function |
| To obtain a permit to distribute a cinematograph film (Section 31) | ₹15,000/- per function |
| For a license to broadcast any work interlinked to the public (Section 31(1)(b)), | ₹40,000/- per applicant/per station |
| Requesting permission to publish a sound recording (Section 31) | ₹10,000/- per function |
| To obtain permission to perform any work in public (Section 31) | ₹5,000/- per function |
| For a certification to publish or disseminate the work or translation to the public (Section 31A) | ₹5,000/- per function |
| To obtain permission to publish any work in any format that is helpful to people with disabilities (Section 31 B) | ₹2,000/- per function |
| For a request to verify the production and publication of a translation of a work of fiction or drama in any language (Section 32 & 32-A ) | ₹5,000/- per function |
| For a copyright registration application in a: | |
| (a)A work of literature, music, theatre, or other artistic creation | ₹500/- per function |
| (b) Provided that in relation to a literary or artistic work that may be used in connection with any items (Section 45) | ₹2,000/- per function |
| For a request to alter copyright information submitted to the Registrar of Copyrights regarding a: | |
| drama, literature, music, or other artistic creations | ₹200/- per function |
| (b) Provided that in relation to an artistic or literary work that may be used in connection with any goods or products (Section 45) | ₹1,000/- per function |
| For a request to register a cinematographic film’s copyright (Section 45) | ₹5,000/- per function |
| For a revision to copyright information filed as a registration request in the Registry of copyrights for cinematograph films (Section 45) | ₹2,000/- per work |
| For a copyright registration application for a sound recording (Section 45) | ₹2,000/- per function |
| For a copyright registration request for a sound recording (Section 45) | ₹2,000/- per function |
| For a registration request for changes to copyright information filed to the registry of copyrights associated with sound recordings (Section 45) | ₹1,000/- per function |
| For taking into account index extracts (Section 47) | ₹500/- per function |
| Excerpts from the registry of copyrights for consideration (Section 47) | ₹500/- per function |
| Excerpts from the registry of copyrights for consideration (Section 47). | ₹500/- per function |
| To obtain a certified copy of an index extract from the register of copyrights in accordance with Section 47 | ₹500/- per copy |
| To obtain a certified copy of an index extract from the register of copyrights in accordance with Section 47 | ₹ 500/- per copy |
| To obtain a certified copy of an index extract from the register of copyrights in accordance with Section 47 | ₹500/- per function |
| For a request to prohibit the importation of counterfeit copies (Section 53) at a single point of entry | ₹1,200/- per function |
Trademark vs Copyright vs Patent
| Trademark | Copyright | Patent | |
|---|---|---|---|
| What’s Protected | Anything that identifies and distinguishes the source of one party’s commodities from those of another party, whether it be a word, phrase, symbol, or design. | Inventions, including procedural, manufacturing, compositional, and material machines, as well as upgrades to these. | Among other creative works of authorship, there are books, articles, songs, photographs, sculptures, dances, sound recordings, and motion pictures. |
| Requirements for Protection | A mark needs to be recognisable in the sense that it needs to be able to pinpoint the origin of a particular good. | It calls for a brand-new, worthwhile, and interesting invention. | A work ought to be distinctive, creative, and physically generated. |
| Term of Protection | Whenever the trademark is used commercially. | 20 years | Author’s lifespan + 70 years. |
| Rights Granted | Right to make use of the mark and to forbid third parties from making use of the same mark in a manner that might lead to confusion regarding the source of the products or services. | Right to prevent the patented invention from being manufactured, sold, or imported by others. | Copyrighted works have the authority to restrict their use, distribution, performance in public, and display. |
Copyright Infringement Remedies in India
There are many legal options available in India for copyright violations. For copyright infringement, there are three different sorts of remedies available in India: Civil, Criminal, and Administrative. Each of them will be thoroughly analysed in this essay.
Civil Remedies for Copyright Infringement
Section 55 of the Copyright Act of 1957 addresses civil remedies for copyright infringement. The various civil remedies include:
- Interlocutory Orders of Court
- Financial Solutions
- Orders from Anton Pillar
- Mareva’s Order
- Pharmacal Order in Norwich
Criminal Remedies for Copyright Infringement
The Copyright Act of 1957 provides the following remedies for infringement:
- Up to three years in jail, but no less than six months
- Collecting the fines of up to ₹50,000
- Searching for and stopping counterfeit goods
- Delivery of counterfeit goods to the owner of the copyright
What Types of Works are Covered under the Copyright Registration?
The Copyright Act of 1957 protects a wide range of works, including:
- Literary works, such as books, poems, and scripts;
- Dramatic works, such as plays and movies;
- Musical works, such as songs and compositions;
- Artistic works, such as paintings, sculptures, and photographs;
- Computer programs;
- Databases;
- Sound recordings; and
- Motion pictures.
In addition to these specific works, the Copyright Act also protects any other original work of authorship, irrespective of its literary, dramatic, musical, or artistic character. This means that any work created by a human being and not a copy of another work is eligible for copyright protection.
Why Choose Vakilsearch for Copyright Protection?
- Our IP experts will guide you from end to end of copyright registration procedure.
- All the forms and the application will be filled out by experts and submitted on your behalf so that you don’t have to bear the pain yourself
- The entire process is online and you can upload all the details and documents to a user-friendly dashboard
- Your work and data are safe and secure with us
- Our support team is available to answer any questions you might have.
Recent Updates Recent Updates Regarding Copyright Protection
Recent News on Copyright
The Copyright (Amendment) Rules, 2021 went into effect on March 30, 2021 with the main goals of bringing the current rules into compliance with other pertinent laws and promoting accountability and transparency. Additionally, the Copyright Rules Amendment aims to improve efficiency by making electronic methods the principal method of communication and employment at the Copyright Office. The new provision of publishing a copyrights journal, which is accessible on the Copyright Office’s official website, has been introduced into the modifications.
The Delhi High Court issues a restraining order against infringing websites. The Delhi High Court recently granted Sony Entertainment, a major media company, an injunction to prevent some shady websites from illegitimately broadcasting the International Cricket Series, 2022. The current lawsuit was brought by Sony Entertainment on the grounds that their exclusive license to broadcast the International Cricket Series, 2022 in India, Pakistan, Nepal, Bangladesh, and a number of other nations had been violated by the series’ unauthorised telecasts. According to the Delhi High Court, Sony Entertainment is likely to suffer irreparable harm if the injunction is denied, hence the balance of convenience is in their favour.
Related products
-
- Web Designing Services
- ₹2,950.00 – ₹23,600.00
- Select options
-
- Trademark Registration
- ₹1,399.00
- Select options
-
- Sale!
- PF & ESI Services
- ₹1,108.00 – ₹2,299.00
- Select options
-
- TDS Return
- ₹749.00
- Select options
Reviews
There are no reviews yet.