Copyright Registration
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Copyright Registration in India - Overview
A copyright is a legal right not to imitate anyone’s work. Copyright provides the owner with an exclusive right on his work or creation. Creators of ‘literary’, ‘musical’, ‘dramatic’, and ‘artistic’ works and ‘producers’ of films or movies and music voice recordings can also file the rights over their original work by filing legal copyright license on their works and efforts. Copyright filing protects the original work from unapproved usage and therefore keeps and rewards creativeness. A bundle of powers and rights is provided to the creators to offer rights of reproduction, adaptation, communication to the public, and translation of their creativity or work.
As per the law, copyright is the legal right ennobled to creators of literary, music, dramatics, and artistic work and producers of movies and music recordings. When the creator or the owner registers for a Copyright, it grants him an exclusive right to replicate, reproduce, and distribute his work. Moreover, he can grant the right to anybody or to any entity for the same purpose. Copyrights are managed and regulated under ‘THE COPYRIGHT ACT, 1957” even though you have numerous amendments to the act.
Copyright is different from a patent. In the case of patent registration, ideas are protected, whereas in online copyright registration, the expression and not the designs. That’s the reason, there can be more than one invention or idea, copyright assures that the result from such an approach isn’t copied by the others unless authorized. The validity of copyright registration in India is for 60 years. Copyright registration can be done for the following activities, Music, Manuscripts, Books, Literary Work, Films, Performance, Paintings, Fashion Designs, Training Manuals, Computer Software and so on
The Registrar of Copyrights is divided into six categories:
- Part A. Literary works apart from computer Programs
- BPart A. Literary works apart from computer Programs
- Part B. Works related to music
- Part C. Artistic creations or Works
- Part D. Cinematography Films or movies
- Part E. Sound Recording
- Part F. Computer Programs, tables and Compilations
Advantages of Copyright Registration
Clear Testimony
Copyright protection gives clear evidence in case if the judicial proceeding arises. The proof is mandatory to attest to anything as per the Court law; consequently, copyright registration is good for creators to protect their creative works.
Protection extended even after the death of the Creator
Copyright’s registration is not restricted up to the creators’ lifetime; its validity and efficacy is such longer than any other intelligent asset. It is assured for the creator’s lifespan and 60 years even after the death of the author.
Public Record
When the global copyright registry is completed, an authoritative public record is granted which helps the creative author to prove his possession over the related copyright issues.
Can file Infringement
A person cannot sue for copyright violation if he/she has not registered with copyright. This copyright certification provides the owner the legal right to file for infringement and demand for amends.
Guards Owner
Copyright registration gives exclusive rights to the author of creative work. The author enjoys the below mentioned rights over, reproduction, adaptation, dissemination, translation, and distribution.
Brand Value
Copyright registration provides the right to the creator to generate goodwill in the business market that works as a track record of ownership and it can be used for the purpose of trade if the creator is interested.
Copyright acts as an Asset
Once the copyright registration service is completed, it is considered that he/she is the owner of the intellectual property which means it works as assets hence can be applied in business to gain monetary benefits.
A detailed process involved in the Copyright registration in India
The process for copyright registration process involves the following steps:
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Documents Required for Copyright Registration
Personal Information of the applicant
- Applicant’s name, address and nationality
- Name, address and nationality of the author
- Nature of the applicant’s concern in the copyright - whether the representative of the creator of the applicant is the creator of the work.
- Photocopies of the creator’s original work
- ID proof of the author and registration certificate if it is for business operations
Nature of the Work
- Class and Description of creative work
- Title of the creative work
- Language of the creative work
- Date of Publication - Publication in which the work is published such as internal magazines, a company magazine or a research paper presented to a professor is not considered as a publication
The fee structures for Copyright Registration
- For a license to republish a ‘Literary’, ‘Musical’, ‘Dramatic’ or ‘Artistic’ work (Sections 31, 31A,31B* and 32A) : Rs. 5,000/- per function
- For a license to publish a Cinematograph Film (Section 31) : Rs. 15,000/- per function
- For a license to interlink any work to the public by Broadcast(Section 31(1)(b)) : Rs. 40,000/- per applicant/per station
- For a license to publish a sound recording (Section 31) : Rs. 10,000/- per function
- For a license to execute any work in public (Section 31) : Rs. 5,000/- per function
- For a certify to publish or communicate to the public the work or translation (Section 31A) : Rs. 5,000/- per function
- For a license to publish any work in any format useful for a person with disability (Section 31 B) ; Rs. 2,000/- per function
- For an application to certify to produce and publish a translation of a Literary or Dramatic creation in any Language (Section 32 & 32-A ) : Rs. 5,000/- per function
- (a)Literary, Musical, Dramatic or Artistic creative work : Rs. 500/- per function
- (b)Provided that in respect of a Artistic or literary work that is capable of being used in relation to any products (Section 45) Rs. 2,000/- per function
- (a)Dramatic, Literary, Musical or Artistic creative work Rs. 200/- per function
- (b)Provided that in respect of a Artistic or literary work which is capable of being used in relation to any products or goods (Section 45) Rs. 1,000/- per function
- For an application for the Copyright registration in a Cinematograph Film (Section 45) Rs. 5,000/- per function
- For an application for registration of modification in particulars of copyright submitted in the Register of Copyrights in respect of Cinematograph film (Section 45) Rs. 2,000/- per work
- For an application for registration of copyright in a Sound Recording (Section 45) Rs. 2,000/- per function
- For an application for copyright registration in a Sound Recording (Section 45) Rs. 2,000/- per function
- For an application for registration of alters in particulars of copyright submitted in the Register of Copyrights related to Sound Recording (Section 45) Rs. 1,000/- per function
- For considering extracts from the indexes (Section 47) Rs. 500/- per function
- For considering extracts from the Register of Copyrights (Section 47) Rs. 500/- per function
- For a evidenced copy of an extract from the Register of Copyrights of the indexes as per Section 47 Rs. 500/- per copy
- For a evidenced copy of an extract from the Register of Copyrights of the indexes as per Section 47 Rs. 500/- per function
- For an application for barring of importation of infringing copies (Section 53) for one location of entry Rs. 1,200/- per function