Overview of Copyright Registration

Copyright is a special privilege granted under the law to those who create artistic creations. These copyrights receive protection through a legal framework known as "The Copyright Act, 1957," which has seen various updates over time. Copyright registration is a vital safeguard for the creators, ensuring their rights are upheld.

The procedure of copyright registration is a major advantage for authors, artists and designers. It serves as an inspiration for these creators, encouraging them to produce more innovative works.

Moreover, registration of copyright provides authors the means to shield the unique expression of their ideas when transformed into creative works. It's essential to note that this protection pertains to the creative work itself, not the underlying ideas. This process is an effective tool in preventing unauthorised use of the original work while also rewarding and promoting creativity.

Under copyright, creators receive a set of rights and copyright empowers creators by granting them these essential rights, which include:

1. The right to reproduce the work.
2. The right to communicate the work to the public.
3. The right to adapt the work.
4. The right to translate the work.

Understanding Importance of Copyright

Copyright is a legal entitlement granted to the owner of intellectual property. As the term implies, it pertains to the right to duplicate or reproduce a creative work. Essentially, copyright signifies that when a person produces a piece of intellectual property, they acquire ownership rights. This means that only the creator or those they authorise have the exclusive right to reproduce or utilise that work. Copyright law provides the original creators of a work with an exclusive right to utilise it or make copies for a designated period. Over time, the copyrighted work may eventually enter the public domain.

Categories of Copyrighted Works in India

Copyright is a valuable tool for safeguarding a wide range of creative works. The Registrar of Copyrights maintains a comprehensive register that is divided into six distinct categories, for specific types of intellectual property:

1. Literary Works (Excluding Computer Programs):

   This category includes many written creations, from novels and poetry to essays, articles and more.

2. Musical Works:

   Musical compositions, including melodies, lyrics and sheet music, fall under this category.

3. Artistic Works:

   Visual creations such as paintings, sculptures, drawings and other artistic expressions enjoy copyright protection.

4. Cinematography Films:

   Copyright extends to films, ensuring the protection of audiovisual works.

5. Sound Recordings:

   This category covers the audio recordings of music, speeches and various other sound-based creations.

6. Computer Programs, Tables and Compilations:

   Software, data compilations and tables are safeguarded by copyright, ensuring the protection of digital innovations.

Meaning of Copyright Registration and Copyright Law

Copyright Law is a set of regulations governing the protection of intellectual property and it is upheld and governed by The Copyright Act, 1957, which has undergone multiple amendments to adapt to the evolving intellectual property rights.

Reasons to Consider Registering Your Work Under Copyright Law

Registration of copyright is essential as it solidifies your legal ownership of the work. By registering your copyright, you gain control over the dissemination of your work to the public, reproduction rights and any translations or adaptations of the creative content.

While registering your work under copyright law isn't obligatory, it's highly recommended for several compelling reasons. Copyright protection provides the creator with a specific set of fundamental rights over their work and assures that their creative efforts cannot be replicated for a designated period. This sense of security and legal protection provides motivation and encourages creators to continue their artistic endeavours and produce more content.

Benefits of Copyright Registration in India

1. Monopoly Over Creative Work:

   Copyright provides authors with a legal monopoly over their unique creations, granting exclusive rights to reproduce, distribute, and display their work.

2. Legal Acclamation and Protection:

   Registration is essential to legally acclaim and protect creative works, preventing others from using them for commercial or domestic purposes without prior permission.

3. Sense of Security:

   Registration of copyright instils a sense of security in creators, assuring them that their creative efforts are protected under the Copyright Act.

4. Public Display of Ownership:

   Registered works are listed in the Copyright Office's Catalogue, publicly displaying the ownership of the copyright holder and enabling legal action against infringers.

5. Freedom to Work:

   Copyright provides creators with the freedom to work with their copyrighted material both in India and internationally.

6. Transfer of Rights:

   Authors can sell, disclose or transfer the rights of their work to others, all while retaining copyright protection.

7. Reputation Enhancement:

   Copyright enhances the author's reputation by clearly attributing certain works to them.

8. Legal Protection:

   Copyright provides legal protection, helping to avoid costly disputes over ownership if someone attempts to steal the creative work.

9. Restriction of Unauthorised Use:

   Copyright restricts others from making unauthorised use of the author's work, allowing the author to send legal notices to infringers.

10. Pre-Emptive Measure:

    Registration of copyright acts as a pre-emptive measure by discouraging unauthorised use of the work. It saves time and money as legal proceedings may be unnecessary if someone attempts to copy the work and a cease notice can be sent promptly.

The Copyright Symbol (©)

Upon obtaining registration of copyright, creators have the privilege to use the copyright symbol (©) to denote the protection of their work by copyright law. This symbol serves as an evident notice to others that the work enjoys copyright protection, acting as a deterrent against unauthorised use or reproduction of the creative work.

Legal Rights of a Copyright Owner

1. Claiming Authorship:

   You have the right to claim authorship of your published work, asserting your creative paternity over the creation.

2. Reproduction and Storage:

   The owner is entitled to reproduce the work in any tangible form and store it in any medium, including electronic means.

3. Control Over Publication:

   You can determine where and when to publish your work, exercising control over the publication right.

4. Public Performance and Communication:

   The owner may publicly perform or communicate the work to the public. Additionally, you have the authority to create translations or adaptations of the original work.

5. Protecting Reputation:

   In the event of potential harm to your image or reputation due to the use of your work, you have the right to take necessary preventive actions.

6. Selling or Transferring:

   Regarding copyright, the owner holds the choice to either sell or transfer it. This essentially signifies that they're passing on the rights to another person or entity, granting them permission to utilise, replicate or adapt the work. These permissions are outlined in a special agreement made during the transfer process.

Duration of Copyright Protection

Copyright protection is a vital aspect of safeguarding creative works. Following copyright registration, protection typically lasts for the author's lifetime plus an additional 60 years after the author's death. This extended duration ensures that the creator's work remains safeguarded and continues to benefit their heirs or assigned rights holders for a substantial period.

Conditions for Filing a Copyright Application

Given below are some basic conditions for filing a copyright application for various types of works:

• Artistic Works: Upload in PDF/JPG format.
• Sound Recording Works: Upload in MP3 format.
• Literary/Dramatic, Music, and Software Works: Upload in PDF format, ensuring the file size is less than 10 MB.
• Software: Upload a PDF of the complete source code, or the first and last ten pages if it's under 20 pages, without any redacted sections.

Conditions for Filing a Copyright Application

Given below are some basic conditions for filing a copyright application for various types of works:

• Artistic Works:

  Upload in PDF/JPG format.

• Sound Recording Works:

  Upload in MP3 format.

• Literary/Dramatic, Music and Software Works:

  Upload in PDF format, ensuring the file size is less than 10 MB.

• Software:

  Upload a PDF containing at least the first ten and last ten pages of the source code or the entire source code if under 20 pages, with no redacted or blocked-out sections.

Essential Documents Required for Copyright Registration

The documents required for registration of copyright vary depending on the type of work being registered. These documents include:

1. Artistic Works:
   • 2 copies of the work.
   • Demand Draft (DD) or Indian Postal Order (IPO) of the applicable fee per work.
   • No Objection Certificate (NOC) from the author if the applicant is different from the author.
   • NOC from the publisher if the work is published and the publisher is different from the applicant.
   • Search Certificate from the Trade Mark Office (TM-60) if the work is being used on goods or is capable of being used on goods.
   • NOC from the person whose photograph is there on the work.
   • If the application is filed through an attorney, a specific Power of Attorney in the original, duly signed by the applicant and accepted by the attorney.
2. Cinematograph Films:
   • 2 copies of the work.
   • DD/IPO of the applicable fee per work.
   • NOC from the copyright holders or the copy of the agreement (deed of assignment).
   • NOC from the publisher if the work is published and the publisher is different from the applicant.
   • If the application is filed through an attorney, a specific Power of Attorney in the original, duly signed by applicant as well as accepted by the attorney.
3. Music:
   • 2 copies of the work.
   • DD/IPO of the applicable fee per work.
   • NOC from the publisher if the work is published and the publisher is different from the applicant.
   • NOC from the author if the applicant is other than the author.
   • If the application is filed through an attorney, a specific Power of Attorney in the original, duly signed by the applicant and accepted by the attorney.
4. Literary/Dramatic Works:
   • 2 copies of the work.
   • DD/IPO of the applicable fee per work.
   • NOC from the author if the applicant is other than the author.
   • If the application is filed through an attorney, a specific Power of Attorney in the original, duly signed by the applicant and accepted by the attorney.
5. Sound Recordings:
   • 2 copies of the work.
   • DD/IPO of the applicable fee per work.
   • NOC from various copyright holders or a copy of the agreement (deed of assignment).
   • NOC from the publisher if the work is published and the publisher is different from the applicant.
   • If the application is filed through an attorney, a specific Power of Attorney in the original, duly signed by the applicant and accepted by the attorney.

Procedure for Obtaining Copyright Registration in India

The registration of copyright is a systematic process that involves several essential steps. Given below is a detailed guide on how to register your copyright:

1. Access the Official Website:

   Visit the official website of the Copyright Office and there log in using your valid User ID and Password. Also, here you have to register with a User ID and Password if you happen to be a new user.

2. Submission of Application:

   Prepare an application in the prescribed format (FORM XIV). After logging in, click on the "Click for Online Copyright Registration" link. Complete the "Copyright Registration Form" in four steps:

   • Fill out Form XIV and click "SAVE."
   • Prepare a scanned copy of your signature for uploading.
   • Complete the "Statement of Particulars" and click "SAVE."
   • Fill out the "Statement of Further Particulars" (for "LITERARY/DRAMATIC, MUSICAL, ARTISTIC and SOFTWARE" works) and click "SAVE."
3. Make Payment:

   Submit the application and pay the requisite fees outlined in Schedule 2 of the Copyright Act using the Internet Payment Gateway.

4. Dairy Number Issuance:

   The registrar will issue a Dairy Number upon receiving the application, initiating the registration process. A mandatory 30-day waiting period is observed to allow for potential objections to be raised.

5. Submission by Post:

   Print one hard copy each of the "Acknowledgment Slip" and the "Copyright Registration Form." Send them by post to the following address:

   Copyright Division
   Department For Promotion of Industry and Internal Trade
   Ministry of Commerce and Industry
   Boudhik Sampada Bhawan, Plot No. 32, Sector 14, Dwarka, New Delhi-110078
   Email Address: copyright[@nic.in
   Telephone No.: 011-28032496
6. Copyright Objection Handling:

   If no objections are raised within 30 days, a scrutinizer will assess the application for any discrepancies. If no discrepancies are found, the registration process continues, and an extract is provided to the registrar for entry into the Register of Copyright.

7. Objection Resolution:

   If objections are raised, both parties will be informed of it, and a hearing will be scheduled to try and resolve whatever are the concerns.

8. Application Scrutiny:

   Following the objection resolution, the scrutinizer will carefully review the application. They will either approve or reject the application based on the specific circumstances.

9. Copyright Registration Certificate:

   Once the application is approved, the relevant authority will issue the registration certificate. (takes 2-3 months normally)

Checking the Status of Copyright Registration Application

To check the status of your registration application, you can follow these given steps:

1. Go to the Copyright Registrar's website.
2. Find the "Application Status" section on the website.
3. Input the diary number or acknowledgment number you received when you submitted your copyright registration application.
4. Then the website will display the current status of your application.

Different Status of Copyright Registration

When applying for the registration of copyright, you may encounter various statuses issued by the registration authority. Given below is the meaning of each status:

1. Waiting:

   Your copyright application is currently in the mandatory review phase. This is where they initially assess your application.

2. Documents Missing, Formality Check Failed:

   This status means that the copyright office hasn't received all the necessary documents and your application failed the initial formality check.

3. Abandoned:

   If you have not given or submitted the required documents or if there have been significant issues with your application, it may be considered abandoned.

4. Under Review:

   Your copyright application is in the process of being examined to ensure it complies with registration requirements.

5. Re-Review:

   If there were problems found during the first review, your application might go through a second round of examination.

6. Hearing:

   This status indicates that a hearing is scheduled to address any objections or disputes related to the copyright application. During the hearing, both parties involved may present their arguments and evidence.

Penalties for Copyright Infringement

Whenever there is a case of copyright infringement, there may be penalties imposed which is as per the severity of the infringement. Given below are the penalties applicable for copyright infringement:

1. First Conviction:

   Minimum punishment: Imprisonment for 6 months.

   Minimum fine: Rs. 50,000.

2. Second and Subsequent Convictions:

   Minimum punishment: Imprisonment for 1 year.

   Minimum fine: Rs. 1 lakh.

Why Choose StartupFino for Copyright Registration?

StartupFino is a company that specializes in offering complete copyright registration services. We're here to assist you every step of the way, right from offering guidance during the initial phase to making sure you fulfill all the essential requirements and comply with regulations after your registration is complete.

Meeting the list of basic conditions mentioned and preparing all necessary documents and requirements is important for a successful copyright application and for proper registration and protection of creative works. Avail these services from StartupFino’s professional team to register your copyright with ease and convenience.