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How to copyright your work

Copyright registration in India - An Overview

Copyright is an intellectual property protection like trademark and patents. Copyright registration is done following the Copyright Act, 1957. However, with copyright registration, you become a legal owner of your creative work in respect of books, paintings, music, website, etc. 

Find out more

All you need to know about Copyright Registration

Introduction

Copyright is a kind of intellectual property protection like trademark and patents. Copyright registration is done following the Copyright Act, 1957. With copyright registration, you become a legal owner of your creative work in respect of books, paintings, music, website, etc. Copyright registration with the authority secures the creative work of the author cannot be copied. No person is allowed to use the same without the permission of the author or creator. The author is entitled to charge others for using his work or changing it. Copyrights registration safeguards the rights of the inventor from infringement.


In India, the registration gives its owner exclusive, individual rights to distribute, replicate, reproduce the work or give authorization to another entity for the same. It offers a bunch of rights – communication to the public, rights of reproduction, adaptation, and translation of the work. However, ideas, procedures, methods of operation or mathematical concepts cannot be copyrighted.

What works does Copyright Protects?

Examples of copyright-able works include 

• Literary works 

• Musical works, including any accompanying words 

• Dramatic works, including any accompanying music 

• Pantomimes and choreographic works 

• Pictorial, graphic, and sculptural works 

• Motion pictures and other audiovisual works 

• Sound recordings, which are works that result from the fixation of a series of musical,  spoken, or other sounds 

• Architectural works...........


These categories should be viewed broadly for the purpose of registering your work. For example, computer programs and certain “compilations” can be registered as “literary works”; maps and technical drawings can be registered as “pictorial, graphic, and sculptural works.” 

Why is Copyright Registration important in India?

Copyright is extremely important to authors because it constitutes the ownership of one's original work. Having ownership means you can protect your work as intellectual property and control who makes money from it.


Exclusive use: Once you get copyright for your work, others cannot use it without permission. If any infringement takes place, you can carry out legal action.


Record of ownership: Once you get the copyright registered, there will be a public record of the ownership of your work.


Preventing misuse: You can prevent misuse of your work by registering a copyright. You will have more control over how it is presented to the public.


Economic gain: The most crucial benefit is the economy you derive from the same. You will have the sole right to any revenue that accrues from your original work.


Encourages creativity: It encourages general creativity in the society as owners enjoy the benefits of creative work.

documents required

Basic Information

Soft Copies and CDs

Soft Copies and CDs

Basic information required for copyright registration

 Basic details like Name, Address, and Nationality of the candidate are required before registration.  

Soft Copies and CDs

Soft Copies and CDs

Soft Copies and CDs

copyright for your computer programs

 Candidate must make a soft copy of his/her work and all files optionally in JPEG, JPG or GIF format. If you wish to file a copyright for your computer programs, then you must prepare 4 CDs or DVDs of the particular computer programs. 

Get a Trademark Certificate for Artistic Work

Get a Trademark Certificate for Artistic Work

Get a Trademark Certificate for Artistic Work

copyright registration for artistic work

 If you are submitting copyright registration for any artistic work, a clear copyright search certificate has to be taken from the trademark office before submission.  

Power of Attorney

Get a Trademark Certificate for Artistic Work

Get a Trademark Certificate for Artistic Work

Power of Attorney

 If the candidate is registering copyright through any authorized firm or advocate, the power of attorney rightfully signed by the candidate is mandatory. 

Procedure for Copyright Registration

Procedure for Copyright Registration

An application (including all the particulars and the statement of the particulars) in the format of FORM IV has to have to be sent to the registrar along with the requisite fees (mentioned in the Schedule 2 of the act.). A separate application has to be made for separate works 

Procedure for Copyright Registration

Every application has to be signed by the applicant as well as an Advocate in whose favour a Vakalatnama or a POA has been executed 

Procedure for Copyright Registration

 The registrar will issue a Dairy No. and then there is a mandatory waiting time for a period of 30 days for any objections  to be received.

Procedure for Copyright Registration

 If there are no objections received within 30 days, the scrutinizer will check the application for any discrepancy and if no discrepancy is there, the registration will be done and an extract will be sent to the registrar for the entry in the Register of Copyright. 

Procedure for Copyright Registration

If any objection is received, the examiner will send a letter to both the parties about the objections and will give them both a hearing.

 

Procedure for Copyright Registration

 After the hearing, if the objections are resolved the scrutinizer will scrutinize the application and approve or reject the application as the case may be. 

Why Copyright Registration?

Copyright registration is very important for the one who creates something unique. Copyright secures companies, authors, writers, software developers, etc. They offer several benefits: 

Legal Protection

And helps as prima facie evidence in the court of law over ownership of the work. Along with this, it offers Infringement Protection. It gives the creator the right way to get to people who are copying their work and making a living out of the efforts of the hard created things. 

Branding or Goodwill

Registered copyright can be applied for marketing and building a sense of goodwill along with quality in the minds of your customers. Registered copyright tells others that you care about want you invented.  

After The Creators Death

After the creator’s death, protection can be extended. Copyright’s protection is not restricted up to the initial creators’ life span its validity is higher than any other intellectual property. It is for 60 years after his/her death also. 

Prima Facie Evidence

Copyright protection gives prima facie evidence in case if the litigation proceeds. The proof is required to attest to anything in the court of law. Hence, here the copyright registration is very beneficial for creators. 

Owner publicity

The registration makes work recognized across the world and it becomes searchable in the copyright registry database. Once copyright registration is made it limits the use of work without the authorization of the creator. 

Restricts Unauthorized Reproduction

The registration will prove that you are serious about copyright infringement. This will help prevent illegal reproduction of the work as it gives the owner a host of legal support. 

Creation of Asset

Registered copyrights are intellectual property and the rights can be traded, franchised or commercially engaged. 

Public Record

When the registration of copyright is done, a clear public record is made that benefits the original creator to build his ownership over the said copyright. 

Copyright helps in establishing credibility in Market

People will proceed with that content is original and not copied from anywhere and neither anyone else can steal the content. 

Global Protection

Works that are copyrighted in many other countries are allowed similar privileges here in India. Furthermore, works copyright registered in India are given protection in many foreign countries. 

Copyright Process in India

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