HOW TO REGISTER A COPYRIGHT IN INDIA?

 

HOW TO REGISTER A COPYRIGHT IN INDIA?

What is a copyright?

A copyright sometimes also known as the author’s right is a legal term that encompasses the right to copy, distribute, adapt, display or perform a creative work which can range from books, music, paintings, sculpture, films, computer programs, databases, advertisements, maps and technical drawings.

It is governed by the Copyrights Act, 1957.

Essential documents –

1.      Title and language of the work.

2.      Name, address and nationality of the of the applicant.

3.      Mobile number and email address of the applicant.

4.      Three copies in case of a published work and 2 copies in case of an unpublished work.

5.      Special Power of Attorney or Vakalatnama signed by the concerned parties.

6.      The applicant needs to obtain authorization if the work does not belong to the applicant.

7.      If the applicant is not the author, the name, address and nationality of the author.

8.      The date of death in case the author is deceased.

9.      No objection certificate from the trademark office in case the work is used on a product.

10.  A no objection certificate from the author or publisher along with authorization of the author or publisher if the applicant is other than the author.

11.  The year and address of first publication along with similar details of subsequent publications.

12.  Source code and object code in case of copyright of software.

  Procedure –

·       An application must be filed with the registrar either physically in the copyright office, through a post or online through e-filing capacity.

·       A separate application accompanied by complete details of the work as well as the requisite fee through a demand draft, Indian postal order or through an e-payment facility.

·       The registrar then issues a Diary number to the application which is followed by a waiting period comprising of minimum 30 days in which the application is reviewed.

·       In case of any discrepancies or objections a hearing is conducted by the registrar before granting the certificate.

·       In case of no objections or discrepancies or in cases where the objections and discrepancies are settled in favour of the applicant a certificate of registration is issued.

·       The process is complete when the applicant is issued the extracts of the register of copyrights.

 

 

 

FREQUENTLY ASKED QUESTIONS

Q1 What can be protected by a copyright?

The following works can generally be protected by a copyright –

-          Literary works such as novels, poems, plays and articles.

-          Computer programs and databases.

-          Films, musical compositions and choreography.

-          Artistic works such as paintings, drawings, photographs and sculpture.

-          Advertisements, maps and technical drawings.

However, it must be noted that copyright extends only to expressions and not to ideas, procedures, methods of operation or mathematical concepts.

 

Q2 What rights are grated to the holder of the copyright?

The owner of the copyright is granted the rights to perform, distribute, communicate adapt and translate the work.

 

Q3 How long does a copyright last?

The general rule is that a copyright lasts for 60 years. In case of original, literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author.

 

 

Q4 Is it mandatory to register a copyright?

The copyright protection is obtained automatically without the need for registration or other formalities.

However, registration of a copyright provides a proof of ownership and creation which is useful in case any dispute arises.

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