Process of Copyright Registration in India

A Copyright is an essential right that prevents any other person not to copy someone’s work. A Copyright lets the owner an exclusive right on his work. If your work is protected by copyright, then no other person can copy, imitate, or reproduce your original work in any other illegal manner. You can take copyright for the following works:

What is the Copyright Registration?

In India, registration of Copyright is done as per the provisions of the Copyright Act, 1957. In case you have registration of your copyright, you become the legal owner of your unique creative work. The registration of a Copyright ensures that your unique creative work cannot be copied. No other person is authorized to use such creative without the prior permission of the owner or author or creator. The owner is allowed to charge the other person to use his work or modifying it.

Registering your work with the Registrar of Copyright is typically an insurance policy to protect your Copyright. Hence, it safeguards the rights of the owner from any kind of violation.

Advantages of Copyright Registration

Some of the major advantages of registration of Copyright are as follows:

1. It gives exclusive legal rights to the owner for his work
2. No other person can distribute, reproduce, adapt, disseminate or copy your work
3. A Registered Trademark gets a brand value and can be used for marketing and creating goodwill
4. It gives worldwide protection as Copyright in India is recognized virtually at global level
5. Copyright is an intellectual property that is considered as an intangible asset for the owner which can be sold or franchised.
6. A Registered Copyright gives worldwide publicity to the owner and his work gets known across the work. It can be searched in the database of Copyright Registry.
7. Copyright Registration gives economic stability to the owner.

Division of Register of the Registrar of Copyrights

The register of the Registrar of Copyrights is divided into the following 6 parts:

Part 1: Literary Works other than Computer programs
Part 2: Musical Works
Part 3: Artistic Works
Part 4: Cinematography Films
Part 5: Sound Recording
Part 6: Computer Programs, tables and Compilations

Documents Requirement for Copyright Registration

Following documents are required for registration of Copyright under the following cases:

Personal Details of the Applicant

• Name, Address and Nationality of the applicant and author of the work
• ID Proof of the owner in case of individual
• Certificate of Incorporation in case of Business

In case work is related to Literary or Dramatic

• Two Copies of the work
• NOC from author if the applicant is other than the author
• A Power of Attorney in original duly signed by the applicant and attorney, if the application is filed through an attorney

In case of Artistic Works

• Two copies of work
• NOC from publisher if work published and its publisher is different from the applicant
• NOC from the Author if the applicant is different from the Author
• Search Certificate from the office of Trademark in Form TM-60, if the work is being used on goods or is capable of being used on the goods
• NOC from a person whose photograph appears on the work
• A Power of Attorney in original duly signed by the applicant and attorney, if the application is filed through an attorney

In case of Cinematographic Film

• Two copies of work
• NOC from several copyright holders,or
• A Copy of agreement of deed of Assignment
• NOC from publisher if work published and its publisher is different from the applicant
• A Power of Attorney in original duly signed by the applicant and attorney, if the application is filed through an attorney

In case of Sound Recording

• Two Copies of work
• NOC from several copyright holders,or
• A Copy of agreement of deed of Assignment
• NOC from publisher if work published and its publisher is different from the applicant
• A Power of Attorney in original duly signed by the applicant and attorney, if the application is filed through an attorney

In case work is related to Music

• Two copies of Work
• NOC from publisher if work published and its publisher is different from the applicant
• NOC from the Author if the applicant is different from the Author
• A Power of Attorney in original duly signed by the applicant and attorney, if the application is filed through an attorney

Process of Copyright Registration in India

The following is the process for registration of Copyright in India:

1. First of all, the user needs to start with the user registration by creating his User ID and Password on the official website of the Government
2. After creating your credentials, you need to fill up the application form of Copyright registration in Form XIV along with the prescribed fee. The application needs to be signed by the application. In case you hire an attorney, then power of attorney duly signed by the applicant and the attorney must also be enclosed
3. After filling up and attaching relevant documents in the application form, you need to submit it, post which you will receive a Diary Number or Acknowledgement Number
4. There would be a mandatory waiting time for a time period of 30 days for any objections which may be received.
5. In case no objections which is received within 30 days, the scrutinizer will verify all the details and if satisfied, the scrutinizer will sent the application to the Registrar for the entry in the Copyright Register
6. A Certification of registration will be issued by the Authority if your application is approved.

The whole process takes a time period of around 2-3 months.

Checking status of your Copyright Registration Application

In case you wish to check the status of your ongoing Copyright Application, you may follow the below steps:

1. Go to the official website of the Copyright Registrar and click on “Status of Application”
2. Now, you need to enter your Diary Number and click on submit
3. Your current status will be displayed which can be either “Waiting” or “Documents not received” or “formality check failed” or “Abandoned” or “Scrutiny” or “Re-Scrutiny” or “Hearing”.

Conclusion

Registration of Copyright might seem to be a simple process on ground level, but  filing application and preparation of trademark is a tedious task. Moreover, one must have a good amount of experience to gain edge on your competitors who can be a threat to your original work. Hence, a legal help from legal experts is highly advisable.

Contact Legal Window for end to end assistance for registration of Copyright and customized solutions as per the nature of your unique creative work.