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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.
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.
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.”
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.
Basic details like Name, Address, and Nationality of the candidate are required before registration.
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.
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.
If the candidate is registering copyright through any authorized firm or advocate, the power of attorney rightfully signed by the candidate is mandatory.
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
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
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.
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.
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.
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.
Copyright registration is very important for the one who creates something unique. Copyright secures companies, authors, writers, software developers, etc. They offer several benefits:
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.
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 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.
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.
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.
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.
Registered copyrights are intellectual property and the rights can be traded, franchised or commercially engaged.
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.
People will proceed with that content is original and not copied from anywhere and neither anyone else can steal the content.
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.
Startups are becoming very popular in India. In order to develop the Indian economy and attract talented entrepreneurs, the Government of India, has started and promoted the Startup India initiative to recognize and promote startups.
Under the Startup India initiative, eligible companies can get recognised as Startups by DPIIT, in order to access a host of tax benefits, easier compliance, IPR fast-tracking & more.