The purpose of copyright registration is to register a verifiable account of the date and content of the work in question. In the event of a legal claim or cause of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government source.
To avail our services, we charge 499/- as an advance or security payment.
PROCEDURE FOR ONLINE COPYRIGHT REGISTRATION
legaltoast will check all the files you send in before beginning with your process.
Our team will prepare the application and file the forms.
We’ll keep you up-to-date with all information passed on by the Register.
ONLINE COPYRIGHT REGISTRATION
As per law, a legal right designated to creators of art in the form of literary, music, dramatics, artistic work, and producers of films and recordings is called Copyright. In India, Copyright registration allows its possessor an exclusive, sole right to share, replicate, reproduce the work, or give another entity permission. It offers many rights – communication to the public, rights of regeneration, adaptation, and translation of the work.
ADVANTAGES OF COPYRIGHT REGISTRATION IN INDIA
Getting your books, movies, music pieces, photography, software programs, etc. copyright grants you with various advantages like:
- When you get your work copyrighted, it is accessible free on the public records, which creates ownership rights.
- In any case, your copyright work is violated. You can sue the violator to secure your work and also claim legal damages.
- You can record your copyright registration with Indian customs and restrict introducing duplicate copies.
- Any by-product or first/second copy can be made from the original registered work.
- The rights can be transferred or sold to a third party with no objection.
- Copyright protection allows the owners to exhibit their work.
PROCESS OF COPYRIGHT REGISTRATION IN INDIA
The process of copyright registration in India involves the following steps:
Step 1: The copyright registration application should be filed in the concerned forms with the Copyright Registrar, stating the work’s particulars.
You need to file a separate copyright application, Depending on the type of your work.
Our representatives will ask for the necessary details based on your copyright work. You need to send us your three copies of work and a few signed documents, including an authorization letter that we will send by email. If your work is unpublished, then you need to send us two copies of your manuscript, where one copy will be returned to you with a seal, and the one will be preserved confidential with the Copyright Office India. Applicants can also decide to send only the selections of the document instead of the complete copy.
Step 2: The applicant must duly sign the forms, and the application needs to be submitted by the Advocate under whose name the Power of Attorney has been produced.
Soon our experts will prepare the copyright registration application and submit the required forms to the Registrar of Copyrights electronically.
Step 3: As soon as your online application is submitted, you will be assigned a Diary number.
Step 4: You need to wait for 30 days, in which the Copyright Examiner reviews your application for potential miscalculations or objections.
Step 5: If mistakes or objections are found, a discrepancy notice will be issued. The exact requirements to have complied within 30 days from the date of issuance of the notice.
Step 6: As the discrepancy has been removed or there are no mistakes or objections with the application, the Copyright shall be registered. The Copyright Office will issue the Register of Copyrights (ROC) Extracts, which is nothing but the Registration Certificate.
Once you complete your application, you will get a diary number. Registration will take approximately 12 months from this day. We might be asked for some explanations on the same and some errors in the application, which will cost a further Rs—1500 for responding and complying with the defects. Our representatives at legaltoast will inform you of the changes in the status of your application throughout.
REQUIRED DOCUMENTS FOR COPYRIGHT REGISTRATION
- Applicants Name, Address & Nationality
- Name, address, and nationality of author of the work
- The applicant’s nature of interest in Copyright is whether the applicant is the author of the work or the author’s representative.
- Original work copies.
- ID proof of the owner, and if it is for business, then Incorporation certificate.
Nature Of The Work
- Description of the Work
- Title of the Work
- Language of the Work
- Publication date– Publication in internal magazines, like a company magazine or a study paper submitted to a professor does not count as publication.
SCOPE OF COPYRIGHT PROTECTION
The Copyright Act 1957 restricts unlawful use of original literary, musical, sound recordings, dramatic, cinematography, and other artistic works. You can Copyright both unpublished and published work, and the Copyright of the original work is maintained for the original creator. You can also register Copyright for works published before 21st January 1958, which came into existence before the Copyright Act.
Copyright protection of original musical, literary, dramatic, and artistic works lasts lifelong for the creator. It also for another 60 years counted from the year following the author’s death. In sound recordings, cinematography films, photographs, posthumous publications (published after the author died), anonymous and pseudonymous publications, government works, and international organizations’ works.
RIGHTS OF THE COPYRIGHT OWNER
Right Of Reproduction
The Copyright Act says that no third party can or make copies of the original work or part of the work unless the copyright owner has granted permission to do. It restricts reproduction in the form of printing an edition of a work and recording sound and films.
Right Of Adaptation
The copyright creator can pick to use his work, whichever way he wants. He can create by-products from the current job or prepare a new job related or with a different structure from the original work. The following process describes the term “adaptation” according to the Copyright Act:
- Transforming plays, choreography, movies, shows, and other dramatic activities into non-dramatic or literary activities like books, novels, and poems.
- Turning literary works and creative works like sculpture, photography, paintings, drawings, etc.
- Modification or revision of dramatic and non-dramatic work.
- An illustrated depiction of the work.
- Transcription of vocal work.
Right Of Communication To The Public
Copyright owners can provide their work available to the public excess utilizing broadcast or wireless diffusion, whether in any form of signs or visual images.
Right Of Public Performance
The owners of vocal and artistic work can perform their piece publicly. For example, a musician can play his music, and an actor can act in front of his audience. The creators can also choose to broadcast their art on digital platforms.
Right Of Paternity And Integrity
The Copyright Law allows all the moral rights of paternity and integrity to the creators. The right of paternity or attribution means that the author can claim authorship over his work and attribute it to him. Who wants to reproduce or adapt the original work has to give proper credit to the author, or else the creator can file a suit against the maker. For instance, if a person wants to make a movie from a book, then he/she needs to give rightful acknowledge to the author. The right of integrity protects the right of the holder. It lets him claim vandalism when someone changes, mutilates, or transforms his work, causing damage to his name and work.
Right Of Distribution
The copyright owner may share his work in any form through reproducing, selling, leasing, renting, or lending. He can also prescribe specific rights to a person to either Copyright the work partly or entirely or subject to certain limitations.
FAQS ON COPYRIGHT REGISTRATION
The validity of Copyright registration is for 60 years. Suppose it is literary, dramatic, musical, and artistic works, then 60 years will be counted from the year following the author's expiry. For cinematograph movies, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government, and works of international organizations, the 60 years is counted from the date of publication.The validity of Copyright registration is for 60 years. Suppose it is literary, dramatic, musical, and artistic works, then 60 years will be counted from the year following the author's expiry. For cinematograph movies, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government, and works of international organizations, the 60 years is counted from the date of publication.
As India is a signatory of the Berne Convention, Copyright Registration in India will get the status of remote work and protection continued to countries that are also signatories to the Berne Convention.
Yes, copyright registration can be sold, transferable, gifted, and franchised with proper consent from the owner of the work.
The copyright owner carries the right to translate, recreate and modify the creative work, the right to be credited for it, the right to decide who may adapt the work to other forms and who may get financial benefits out of it.
Yes, Published and unpublished works is eligible for Copyright registration. If a job is already published, the Publishing details need to be furnished along with the application.
The entire Copyright registration is done online, and therefore it can be proceeded from anywhere in the country. The Copyright head office is in Delhi.
Yes, if the discrepancy is not removed within the said timeline, the request will be rejected.
Copyright protection is not applicable for methods and ideas - i.e., business operations, mathematical principles, technical discoveries, and other such concepts; commonly available info - i.e., telephone directories, general databases taken from free public records, etc.; Choreographic works and speeches except they are notated or videotaped. Also, product descriptions, business names, taglines, and other such expressions cannot be copyrighted.
A website cannot be copyrighted in one application. Instead, it is not possible to Copyright the entire website as it is made of different elements such as the content would be termed as literary work, the source code and object code of the website would also be considered as literary work, the pictures, artistic works would be considered as a separate work, and hence, individual copyright applications must be filed for such different elements of the website.
The whole process might take up to 6-8 months approximately, considering many factors, including objections.
A mobile application cannot be copyrighted; however, similar to a website, the coding can be copyrighted as literary work, and other factors can be filed as different copyright applications.
Copyright does not usually guard titles by themselves or names, short word combinations, slogans, short phrases, methods, plots, or accurate information nor protect ideas or concepts. Copyright is granted only to the original artwork.
A trademark is a mark exclusively provided to protect a brand name, logo, or slogan. While, Copyright is the security provided to unique content like books, music, videos, songs, and artistic content.
Yes, definitely. You instantly need to send a legal notice. After sending the notice, if the issue does not get settled, you can take the offender to court.
No, there are no such provisions to check if any third party has copied the work. Still, you can go for a search on the Internet to check if there is anything similar to yours.
In that case, you will be receiving a legal notice from the third party alleging that you have duplicated or copied their registered work. legaltoast can help you reply to the legal notice and in the further lawsuit process.
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