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How to Apply for Copyright Registration in India

How to Apply for Copyright Registration in India

Copyright Registration in India provides protection to the intellectual work of the owner and ensures that original work is honored. The registration of copyright is completed as per the Copyright Act, 1957. With the help of the Registration of Copyright, a person can become a legal owner of creative work in respect of books, paintings, music, video, paintings, website, mobile applications, etc.

The registration of Copyright ensures that the creative work of the author cannot be imitated. An unauthorized person cannot use the same without the permission of the author. In this blog, you will get to know the process of registration along with documents. The benefits of copyright and fees of registration.

What are the mandatory requirements for Copyright Registration in India?

Copyright ensures and restricts the unlawful reproduction of original work. The basic requirements for the registration of copyright in India are as follows:

  • Personal details of applicant like name, address, contact number details, e-mail address and nationality.
  • The applicant must file a soft copy of the work with files in JPG form.
  • When the copyright is related to any artistic work, the applicant shall obtain a clear copyright search certificate from the trademark office.
  • When the original work of the author is registered through an authorized representative shall authorize any advocate through a power of attorney signed by him.

What is Copyright?

A copyright is a right not to copy other person’s work. A Copyright Registration in India gives the owner of the subject an exclusive right over his work. When a work is protected by copyright, no one can copy or reproduce the original work in any other form. The term of copyright is 60 years in India. Copyright can be granted for the work mentioned in following:

1. Music

2. Books

3. Manuscripts

4. Films

5. Fashion Designs

6. Training Manuals

7. Software

8. Literary work

9. Performance

10. Paintings

The register of the Registrar of Copyrights is divided into six categories:

1. Literary work other than computer programs

2. Musical works

3. Artistic works

4. Cinematography films

5. Sound recording

6. Computer programs, tables and compilations

What is the process to get copyright registration in India?

The copyright registration process in India is discussed in the following steps:

Step 1: Filling Application

The application must be submitted to the copyright authority with requisite fees which can be paid either in the Demand draft or through an online payment. Once the application is filled, a unique diary number is generated and allotted to the applicant. the Applicant can track the status of the application with the diary number. The applicant has to submit the work which is with the copyright authorities within 30 days of the filing of the application

Step 2: Examination

Once the Application is filled and work is submitted, the application for Copyright Registration in India will be sent to the examiner of copyrights. After the examination, the examiner will either accept the application or will raise objections (if any).

1. Whether questions are raised, the examiner will look over the application very carefully to see if there's a problem.

  • In case of zero discrepancies, the applicant is allowed to go forward to the next step.
  • In case of some discrepancies are found, a letter of discrepancy is sent to the applicant. After the discrepancy is resolved, the applicant is allowed to move to the next step.

2. In the case of Copyright Registration in India where any objections are raised, letters are sent to both parties and they are called to be heard by the registrar.

  • Upon hearing when the objection is rejected, the application is cleared for scrutiny.
  • In case of objection is not resolved, the application is rejected and a rejection letter is sent to the applicant.

Step 3: Registration

The registration depends on the learned registrar. Once the objection has been removed, registration of copyright is issued and thereafter, the owner can lawfully exercise all rights with the ownership of that copyright.

The process of registration of copyright completes when the applicant is issued the Extracts of the Registrar of Copyrights (ROC). You can also download the copyright registration process in India pdf from google.

What are the documents do You need to submit for online copyright registration in India?

The documents which are required for the registration of copyright are given as follows:

1. ID proof of applicant such as Voter ID, Passport.

2. PAN card and Aadhar of the applicant

3. NOC from the composer

4. Power of Attorney

5. Xerox copy of original composition in JPG format

6. In case the composition relates to a software or a website, a supporting CD or DVD is required.

7. For Artistic work, cinematograph film, Music, Literary/dramatic, sound recording and software:

  • Two copies of the work.
  • DD or IPO of INR according to work.
  • Author’s NOC if the applicant is different from the applicant.
  • Search certificate from Trademark Registration in India, Trade Mark Office (TM-60) if the work is being used on goods or capable of being used on the goods.
  • NOC from the applicant whose photo appears on the work.
  • When applying for an attorney, an original copy of a ‘Power of Attorney’ is signed by the applicant and also accepted by the attorney.

What are the various benefits of copyright registration in India?

The registration of copyright has many benefits which are as follows:

1. Registered copyright can be used as evidence in a court of law over ownership of work. It authorizes the creator to use legal powers against the person who copy the original work without authorization.

2. Registered copyright builds upon the goodwill of the author by creating the image of an inventor.

3. Work protected through copyright is not restricted to the life span of the creator since its validity is higher than any other form of intellectual property.

4. Through registering its work, copyright prevents the illegal reproduction of an original composition. The registration of copyright pdf is downloaded for copyright registration in India.

5. Registration of Copyright is very important for someone who has done creative work. Copyright secures the author of the work and is registered copyright comes within the purview of legal framework thus preventing its misuse.

What are the prescribed fees for the registration of copyright in India?

Each application in Form IV should be accompanied by the fees for registration of copyright in the second schedule to the rule. The fees range from Rs. 500 to Rs. 5000, depending upon the form of work. The fees can either be in the form of a Demand draft or Indian postal order favoring ‘Registrar of Copyright payable at New Delhi’ or through E-payment. The fees for copyright registration in India are discussed above.

Closure Now…

Copyright registration is not mandatory in India. It is advisable because it provides legal protection to the copyright holder or author. The registration for copyright creates a public record of the work and can be used as evidence in a court of law in case of infringement. It is a simple and straightforward process in India. The copyright office accepts application via online and offline modes. The applicant shall submit a copy of the work with the form of application.

 

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