Copyright Registration in India

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The age of internet is growing and everyone knows how to use and access internet. Thus, in this age it is relevant for a person who creates something new as he is always facing a risk of protecting it from the person who copy and paste their work and use for their own profit. We have seen and perused various cases of wherein the films or work of a person have been released by such copiers on the internet which have affected the rights of film makers. Along these lines, it is vital for an author/creator to secure his/her work for being used without his/her approval. One of the techniques for ensuring protection of your work is to copyright it. In this article we will talk about the significance, what can be copyrighted, procedure and expense for copyrighting your work.

What is Copyright in India

Copyright is a privilege that an author/creator of work of following nature: dramatic, literary, artistic, musical, films and sound recordings. A copyright holder prohibits unlawful generation/copy of your hard work. The intent behind providing copyright protection is that such privilege acts as a motivation to such people to make and put their time and efforts in their work. In India copyright and author’s rights are protected under Copyright Act, 1957.

What are things Protected in Copyright Registration in India?

An author/creator of any original work can obtain copyright for following works:

  • literary work: book, novel, story, articles, computer programmes, etc.
  • dramatic work: choreographic work etc.
  • musical work: musical sounds, music, etc.
  • artistic work: picture, painting, design, etc.
  • Cinematograph films: films, movies, youtube videos, etc.
  • Sound recordings: songs, etc

However, it has to be kept in mind that one cannot copyright any idea or concept, the same has to be in any tangible form and fall within the above-mentioned works.

Copyright Registration Fees

Pricing :  ……   INR ( All Inclusive)
Include :
#1 Copyright Consultancy by Professional Lawyer
#2 Copyright Application Preparation and Drafting
#3 Submission of the Copyright with the Govt with the proper documents.

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Whether copyright registration is mandatory for its protection?

Registration of a copyright is not mandatory in India. however, it has to be noted that once a copyright is registered in your name it is easier to prove the ownership of the copyright. Registration acts as a valid evidence in the eyes of law with respect to ownership of the copyright. However, if registration has not been done then in such a case, when you approach any court regarding your copyright, you will have to first prove that you have copyright in it or at least produce evidence regarding the same. However, in case you have registered your copyright then you can skip this step and can proceed to prove that your copyright has been infringed.

What are the Rights of a Copyright Owner ?

Registration of a copyright benefits the author/creator in proving his ownership and it is always advisable to an official record proving your ownership. Further,the Copyright Act provides for various rights of an owner/creator of a work:

  1. Author of a Literary work except for computer programme will have right to make a replica, issue such replicas to the general public, perform and broadcast such work in public and to convert the same in film or second recording as well as translation and adaptation of the work.
  2. Author of Dramatic work will have the right to make a replica, issue such replicas to the general public, perform and broadcast such work in public and to convert the same in film or second recording as well as translation and adaptation of the work.
  3. Author of artistic work is entitled to following rights like the right to make a replica, issue such replicas to the general public, perform and broadcast such work in public as well as adaptation of the work.
  4. Author of Musical work is authorized to right to make a replica, issue such replicas to the general public, perform and broadcast such work in public as well as adaptation/translation of the work.
  5. Author of Cinematograph film is entitled to make a replica of the film including a photograph of an image forming a part thereof, sell or give on hire or offer for sale or hire a copy of the film as well as right to broadcast the cinematograph film to the public.
  6. Lastly, an author of a sound recording is entitled to create other sound recording representing its work, right to sell/give or hire/offer for sale or hire as well as to release the sound recording to the public.

Cost or Fee for Copyright Registration in India

The fee is varied by the laws and rules hence it is advisable to check the official website of the copyright for the updated fee for copyright registration. The fee details of copyright registration in India is available at: http://copyright.gov.in/frmfeedetailsshow.aspx in a table form which one can refer to calculate the fee payable for copyright registration.

For the sake of brevity, in case of an application for registration in any literary, dramatic musical or artistic work, the government has prescribed a fee of Rs. 500/- per work. However, in case such literary or artistic work is used or capable of using in relation to any goods or services, then the prescribed fee is Rs, 2000/- per work.

In the case for registration of copyright in Cinematograph Film, the fee is prescribed at Rs. 5000/-. Further, in the case of Sound Recording, the prescribed fee is Rs. 2000/-.

It is also relevant to note that in case the applicant is desirous to make any change in particulars of the registered copyright then in such a case the fee prescribed for Literary, Dramatic, Musical or Artistic work is Rs. 200/- and for any literary or artistic work which is used or capable of using in relation to goods and/or services is prescribed at Rs. 1000/-

Documents Required for Copyright Registration in India

The copyright registration requires very few documents which are the following:

  1. Reproduction of the work
  2. Identity proof of the author
  3. Address proof of the author
  4. in the event the author is a company, then the certificate of incorporation is required.

Copyright Registration Process in India

The process for copyright registration in India is very simple and effortless. One can follow the below-mentioned steps for getting his/her copyright registration:

  1. File the application for registration in Form XIV (including a statement of particulars and further particulars)
  2. The applicant has to sign the application and power of attorney is to be enclosed, if applicable.
  3. Pay the prescribed fee as mentioned in the article above in the form of demand draft or Indian postal order in favor of Registrar of Copyrights Payable at New Delhi” or through E payment.
  4. The Registrar will issue a Diary number
  5. The registrar will provide 30 days to others for filling any objections
  6. If no objection is found, then the examiner will scrutinize your application. If any objection is raised then the registrar will hear the issue from both sides and then decide whether the application is accepted or rejected.
  7. If no discrepancy is found then the registration will be granted. If any found then the applicant can reply to the discrepancy letter and then the registrar will decide whether the application is accepted or not.
  8. Then the registrar will approve the registration and will register your copyright.

Duration of Copyright in India

Duration of copyright registration means the copyright in a work will subsist for such period as prescribed under the copyright act and the same cannot be used without author/creator permission. Since, the copyright duration in a work differs from the nature of work, the duration of copyright as per the work has been mentioned here in below:

  1. published literary, musical dramatic or artistic work: up to 60 years after lifetime of author.
  2. anonymous and pseudonymous works: 60 years from the date the work was first published.
  3. cinematographic works: 60 years from the date film was published
  4. Sound recordings: 60 years from the date such sound recording is published.

What is the Copyright Office

The copyright registration application is submitted to Copyright Office of the Department of Education. It maintains the register of copyright and the entries made in the register acts as a prima facie evidence for copyright ownership in court. The address of the copyright office isB.2/W3, CR Barracks, Kasturba Gandhi Marg, Delhi-110003 in order to facilitate all registrations of works under the Copyright Act, 1957. All the fee and payments for the same are made in favor of the Copyright office.

FAQ (Frequently Asked Questions)

Do I need to register my copyright?
It should be kept in mind that there is no need for copyrighting your work however, when it is registered then such registration act as an evidence in the court of law.

Can I copyright any Music, Video, Songs, etc
Yes these works will fall within the categories of work that are provide under the Copyright act. However, the same has to be original and not copied from anyone else.

Whether Logos or brands are copyrightable
Ordinarily Copyright protects the works as mentioned herein below and not snot protect brand, names, short word combinations, titles, slogans or logos etc. However, one can protect their logo or brand under the Trademarks act.