Copyright Registration
COPYRIGHT REGISTRATION
Are you an author of a book/ story writer/ poet/ or comics writer ? So it is very important for protecting your intellectual creations from others. These days many of the authors don’t know how to protect their ownership of their works. So in this article we can detail analysed how to register the copyright and what are the applicability for the copyright registration and the protections that availed from the copyright registered works.
COPYRIGHT
Copyright is a form of intellectual property that deals with the right and protection of the owners or authors original works. Specially the copyright which protects the authors creation and it prevents the others to use the same without the authorisation of the original owner.
If a work is protected under the copyright no one can reproduce, create, copy the original works in any ways. It gives protection to the original owner. The copyright registration is very essential for protecting your works and it acts as a legal protection and granting full authorisation right to you.
The works comes under the protection of the copyright:
The copyright basically protects the original works, which is created by the author and it possess a minimal degree of the creativity only and it does not need any novelty of the work or any uniqueness and it not to be copy of a registered works, The copyright can be divided into 6 categories of the work and it can be protected under The Copyright Act of 1957.
Literary work
This works which includes the written creations, Novels, poetry, Articles, essay, stories etc. And computer programs which does not covered under the
Computer Programs
Computer programs, softwares, data etc which are included under the copyright work of the computer programs.
Musical work
This works which includes the musical compositions such as the melodies, lyrics, music by instruments and sheet music etc.
Sound Recording
It may include all the Speeches, audio recordings, sound based creations and musics etc.
Artistic work
This work which includes the Paintings, sculptures, drawings, etc.
Cinematography work
This works which includes the audio visuals and films etc.
Basically the copyright law gives the exclusive right to the creator and once the copyright expires it will become public domain.
BENEFITS OF THE COPYRIGHT REGISTRATION
Basically the copyright registration which provides various protection and offers several benefits to the original author of the creation of the work, those benefits are,
Protecting the ownership
The registration which provides an exclusive right over their work, creations and it protects the other to extract from the same.
Increasing Brand Value
Copyright registration basically serves as an authentication and ownership to creators and it enhances the originality and increases the brand value.
Global Reach
The copyright protection which extends universally, and you can enjoy your ownership right globally by registering with a single country.
Economic stability
It prevents others from using the registered original works for recreating the same when already existing things and it secures the economic stability of the author.
PROCESS FOR THE REGISTRATION OF THE COPYRIGHT
The copyright registration involves the systematic process that includes certain procedures to be followed by the applicant while registering their creation of the work. Initially before registering your copyright, the applicant must know the category of the copyright work that he composed and it may be identifying the category of the work, under literary work, artistic work, musical work, cinematographic work, sound recording or computer software.
DOCUMENT REQUIRED FOR THE COPYRIGHT REGISTRATION
There are certain documents required for the registration of the copyright.
- Applicant details
- Identity proof of the applicant
- Copies of the published works
- Date of the publications
- Incorporation certificate
- Power of attorney filed by the advocate on behalf of the applicant
From other than that the applicant need to submit the certain things for the category of the work that associated with, those category of works are;
For Literary and Dramatic work
a. Duly signed application form
b. NOC from the publisher
c. Manuscript of the work or copy of the work
For Artistic work
a. Signed Application form
b. NOC from the Artist
c. Authorship declaration form
For Musical work
a. Signed application form
b. Musical notation of the composition
c. NOC from the music composer
For sound recording works
a. Signed application form
b. Copy of the sound recording
c. NOC from the producer.
Cinematographic works
a. Signed application form
b. NOC from the script writer or the director
c. Details of the firm.
These are the necessary documents that are required for the
For the first step, the applicant needs to visit the government copyright portal and need to log in with the valid User id and password.
The copyright official website : https://copyright.gov.in/
STEPS FOR REGISTRATION
The copyright official website : https://copyright.gov.in/
Step 1 : Filing Application
After the successful login, the applicant can find the necessary particulars regarding the copyright registrations and statement of particulars with the respective form (FORM XIV) in the copyright portal.
- The applicant will find the link for the online copyright registration and the required manual completion steps will be visible to the applicant.
- Click the link for new copyright registration, a new Form XIV will open and the applicant needs to enter all the required details about the author of the copyright and address of the copyright and the certain details about the created work.
- Prepare a jpg format signature for uploading in the same form.
- Once you complete all the details in the “Statement of the Particulars” save your entered details and continue to the next page.
- In the next page the applicant needs to enter the class of work which he filed for the copyright and details about the author and the work.
- Once all the required information is entered by the applicant and the final page of the the applicant needs to pay the application fee proceed for the registration in the same copyright portal.
After completing the payment the applicant needs to draft the separate applications for the statement of particulars and Power of Attorney (POA), for the copyright registration.
Step 2 : Issuance of the diary number
After the successful submission of the particulars in the copyright portal, the applicant will receive the diary number by the copyright registrar. After the mandatory waiting period of 30 days.
And the applicant needs to send a post mail of the drafted Statement of particulars and acknowledgement copy and POA to the registrar of the copyright which mentions the diary number for the same.
Step 3 : Objections and clarifications
If any objection were raised in the mentioned 30 days, the applicant needs to clarify by submitting the reply for the copyright objection to the registrar after the objection the party will receive the notification for the copyright examination.
From the hearing and the resolution of the objections, the applicant needs to attend and scrutinise the reviews and reply to the registrar of the copyright.
Step 4 : Application scrutiny and Certification
After the application is sent to the copyright registrar, the application receiving and scrutiny shall be conducted by the side of the copyright registrar. Once the application fulfils the objections it will be moved to the further process and if it does not satisfy the objection it will be rejected and the reply must be filed for the same.
Once the approval is granted by the authority, the registrar will issue the copyright registration certificate within 2 to 3 months.
Status check for Copyright registration :
For verifying the status of the copyright registration, the applicant needs to visit the official copyright website and move to the Status of the application section and the applicant will receive the details once he entered the dairy number in the portal.
After the successful registration, the applicant can use the copyright symbol ©. This symbol serves as the registered copyright work and it prevents others from use unauthorisedly or recreate the same.
Validity of the Copyright
The copyright which is typically valid from the lifespan of the author and with the additional 60 years from the death of the author. From the mentioned in between year the work of the author remains safeguard till the period.
COPYRIGHT INFRINGEMENTS
There are two types of remedies which are available for the remedies in case of copyright infringement.
Civil Remedies : if the registered copyright can be recreated by any of the unauthorised persons, they can be liable to pay damages, and share the profits earned by the infringed activities and the party need to pay the legal expenses which incurred in the pursuing case.
Criminal Remedies : The Criminal remedies of the chance of imprisonment upto 3 years for the first offence and upto 6 years for the subsequent offence. And the same fine of upto 2 lakhs rupees for the first offence and upto 5 lakhs of the subsequent offence.
EXCEPTIONS FOR THE COPYRIGHT WORK
The copyright which grants the exclusive right to the creators and it also has certain exceptions that allows the limited use of the copyright material without the express permission from the copyright owner. Those exceptions are,
● Fair dealing which means the use of fair and not to harm the commercial interests of the copyright owner.
● Educational use includes the use of non commercial use of the educational activities within an institution and that must be limited to the extent of the educational purposes and not in the motive of the commercial purposes.
● Libraries can make copies of the copyrighted works within the certain limits.
FAQ
FAQ on copyright registration
What do you mean by copyright?
Copyright is a form of intellectual property that deals with the right and protection of the owners or authors original works. Specially the copyright which protects the authors creation and it prevents the others to use the same without the authorisation of the original owner.
What are the works which come under the copyright registration ?
There are six works which comes under the copyright registration
● Literary work
● Artistic work
● Musical work
● Cinematographic work
● Sound Recordings
● Computer programs
What is the validity of the copyright registration ?
The copyright which is typically valid from the lifespan of the author and with the additional 60 years from the death of the author. From the mentioned in between year the work of the author remains safeguard till the period.
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