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Copyright is the right of ownership entitled to literature, drama, music, artworks, sound recordings, etc. Copyright registration grants a bundle of rights that comprise rights to reproduction, communication to the public, adaptation, and translation of the work. Registering a Copyright ensures certain minimum safeguards of the rights of ownership and enjoyment of the authors over their creations, which protects and rewards creativity.
It is necessary to register for copyright because it makes you communicate to the public, reproduce the rights, adapt and translate the works.
Lately, there has been a substantial increase in the amount of intellectual property being registered in India as the awareness about intellectual property laws has increased. Copyright registration happens to be one of the critical types of intellectual types of property protection.
Copyright registration is done as per the regulations of the Copyright Act,1957. The author’s creative work cannot be copied as no person is allowed to use the same without the permission of the author or the creator. The author can charge others for using or changing his work. The copyright protection typically lasts for 60 years.
To obtain copy registration, the following documents should be submitted:
Name, address, and nationality of the candidate- Id Proof
NOC from the publisher if the publisher and the applicant are two different individuals
Search Certificate from Trademark office if any
NOC from a person whose photograph appears on the work
Power of attorney
2 Copies of the work (Book / Source code in CD (if Website copyright))
KYC of author
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
The Copyright registration application can be made on Form IV in a requisite manner and the applicable fees. Irrespective of it is published or unpublished work, it can be copyrighted. For published work, three copies of the published work need to be presented along with the application.
While for unpublished work, a copy of the manuscript needs to be sent along with the application for affixing the stamp of the copyright office is proof of the work having been registered.
1. The application for copyright registration has to be filed in the concerned forms that mention the particular’s work.
Depending on the type of the work, a separate copyright application may have to be filed.
2. The applicant needs to sign the forms, and the Advocate must submit the application under the name the POA has been executed.Meanwhile, our experts will prepare the copyright registration application and submit the necessary forms with the Registrar of copyrights.
3. The Diary number will be issued once the application is submitted online.
4. Within the waiting period of 30 days, the copyright examiner reviews the application for potential objection or any other discrepancies.
5. 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.
6. After the discrepancy has been removed or no objection, the copyright is registered, and the Copyright Office will issue the registration certificate.
Usually, copyright protection is valid for 60 years. In the case of original literary, dramatic, musical, and artistic works, the 60 years is counted following from the year of the author’s death.
While in the case of the cinematographic films, sounds recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government, and work of international organizations, the 60 years is counted from the publication date.
The remedy in case of Copyright Infringement
Copyright infringement of any work is a criminal offense and is punishable under Section 63 of the Copyright Act. There can be imprisonment for six months with a minimum fine of Rs. 50,000.
Also, in case copyright that has happened already or is likely to happen, then any police officer who is not below the rank of sub-inspector, may if he is satisfied, seize without a warrant, all copies of the work and the plates that are used for the making infringing copies of work.
Copyright registration grants exclusive rights to the copyright owner. An individual cannot make copies or reproduce work without the permission of the copyright owner.
The Act allows the creator to use his piece of work the way he wants to use it. He can create any derivatives of his original work. He can also use a different format based on his existing creation.
The owner can broadcast their original work to the public. The copyright owner can use visual signs or even images.
The owners of artistic and musical work can perform their works in public. A musician can play his piece of music for the people. An artist can perform in public or any platform the artist wishes to.
The creators of original work are bestowed with rights of integrity and morality. The right of attribution or paternity implies that the creator can claim the sole authorship over his piece of work.
The right of integrity allows the owner to claim damages from the individuals. If anyone tries to mutilate, modify or distort the original piece of work, the copyright holder can claim the individual’s damages.
The Copyright Act allows the owner to distribute his work in whatever form he likes. If he wishes, he can also transfer certain rights to another person to use the copyright.
Provides Legal Protection
The Creators enjoy legal protection when their work is reproduced without authorization. Registering a Copyright makes it much easier to protect the original work against infringement.
Copyright registration creates a public record of the work, and proof of ownership is established for the creative work.
The owner of registered copyright gets the rights to reproduce, disseminate and adapt and translate the work.
The law under certain conditions allows the use of a registered work without the owner’s permission for research, study, criticism, review, and news reporting, as well as the use of works in libraries and schools and the legislatures. To protect users’ interests, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work,For research or private study,
For criticism or review
In connection with a judicial proceedingFor performance by an amateur club or society, if the performing for a non-paying audience and
The making of sound recordings of literary, dramatic, or musical works under certain conditions.
YRF v Sri Sai Ganesh Productions
UTV Software Communication Ltd., v.1337X.TO and Ors
Tips Industries v Wynk Music
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