Copyright Registration
Copyright refers to the ownership rights to literature, theatre, music, artwork, sound recordings, and other works. Copyright registration grants a set of rights to the work, including reproduction, public communication, adaptation, and translation. Copyright registration ensures that the writers' rights to ownership and enjoyment of their works are protected and rewarded, which protects and rewards creativity. Copyright registration is required since it allows you to communicate with the public, reproduce the rights, adapt, and translate the works.
As understanding of intellectual property rules has grown, there has been a significant increase in the amount of intellectual property being registered in India. One of the most important types of intellectual property protection is copyright registration.
The Copyright Act of 1957 governs the process of copyright registration. The author's creative work cannot be replicated since no one is permitted to use it without the author's or creator's consent. The author has the right to charge for the use or modification of their work. The copyright is usually protected for 60 years.
What Can You Copyright? Understanding the Categories
Copyright is a valuable tool for safeguarding a wide range of creative works. The Registrar of Copyrights maintains a comprehensive register that is divided into six distinct categories, each tailored to specific types of intellectual property:
Literary Works (Excluding Computer Programs): This category encompasses many written creations, from novels and poetry to essays, articles, and more.
Musical Works: Musical compositions, including melodies, lyrics, and sheet music, fall under this category.
Artistic Works: Visual creations such as paintings, sculptures, drawings, and other artistic expressions enjoy copyright protection.
Cinematography Films: Copyright extends to films, ensuring the protection of audiovisual works.
Sound Recordings: This category covers the audio recordings of music, speeches, and various other sound-based creations.
Computer Programs, Tables, and Compilations: Software, data compilations, and tables are safeguarded by copyright, ensuring the protection of digital innovations.
Eligibility:
Copyright registration can be obtained for any works related to literature, drama, music, artwork, film, or sound recording. Copyrights are given to mainly three classes of work, and each class has its distinctive right under the copyright act.
Original literary, dramatic, musical, and artistic works comprise the copyright for books, music, painting, sculpture, etc.
Cinematography films are another class of copyright that consists of any work of visual recording on any medium.
Sound recordings have a distinctive class under the copyright act that consists of a recording of sounds, regardless of the medium on which such recording is made or the method by which the sound is produced.
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:
1. Publicly display the work that has been published
2. Create the piece in a tangible medium
3. Any translation of the work should not be created, replicated, performed, or published
4. Create any necessary adaptations and distribute the content via broadcast, radio, or cable
5. The first author of the work has the following exclusive rights:
6. Duplicate the work
7. Create a derivative using the source material
8. Publicly perform the work after it has been distributed
9. Showcase the artwork in a professional context
10. Seek redress if a work's copyright is being used without permission.
Documents required for copyright registration in India is listed below
1. Personal details: Name, address, and nationality of the applicant
2. Name, address, and nationality of the author of the work
3. Nature of the applicant’s interest in the copyright - whether the applicant is the author of the work or the representative of the author
4. Copies of the original work
5. ID proof of the owner and incorporation certificate if it is for business
6. Nature of the work: Class & description of the work
7. Title of the work
8. 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)
Process for Copyright Registration
Copyright registration applications can be submitted on Form IV along with the required fees. It can be copyrighted whether it is a published or unpublished work. Three copies of published material must be supplied with the application for published work.
For unpublished work, a copy of the manuscript must be supplied with the application for affixing the copyright office's stamp, which serves as proof that the work has been registered.
The process for Copyright Registration:
1. The application for copyright registration has to be filed in the concerned forms that mention the particular's work.
2. Depending on the type of the work, a separate copyright application may have to be filed.
3. The applicant needs to sign the forms, and the Advocate must submit the application under the name the POA has been executed.
4. Meanwhile, our experts will prepare the copyright registration application and submit the necessary forms with the Registrar of copyrights.
5. The diary number will be issued once the application is submitted online.
6. Within the waiting period of 30 days, the copyright examiner reviews the application for potential objection or any other discrepancies.
7. If there is an objection, a notice will be issued, and the same has to be compiled within 30 days from the date of issuance of the notice. The examiner may call both parties for a hearing.
8. After the discrepancy has been removed or no objection, the copyright is registered, and the Copyright Office will issue the registration certificate.
Lawful Use of Copyrighted Work without Permission
Under some circumstances, the legislation permits the use of a registered work for research, study, critique, review, and news reporting without the owner's permission, as well as the use of works in libraries, schools, and legislatures. Some exclusions have been prescribed in respect of specific uses of copyrighted works to protect users' interests. The usage of the work is one of the exemptions.
For research or private study.
For criticism or review.
In connection with a judicial proceeding.
For performance by an amateur club or society, if the performing for a non-paying audience.
The making of sound recordings of literary, dramatic, or musical works under certain conditions.