Copyright

What is Copyright Registration?

Copyright is a type of protection for intellectual property, similar to patents and trademarks. The Copyright Act of 1957 governs copyright registration in India. By registering for copyright, the creator becomes the legal owner of their creative work, whether it is a book, painting, music, website, or other original creation. Registering for copyright ensures that the work cannot be copied without the author’s permission, and the author has the right to charge others for using or modifying their work.

Copyright registration protects the inventor’s rights from infringement. In India, registration gives the owner exclusive and individual rights to distribute, reproduce, and replicate the work, as well as authorize others to do the same. These rights include communication to the public, reproduction, adaptation, and translation of the work. However, it is important to note that copyright cannot be applied to ideas, procedures, methods of operation, or mathematical concepts.


Things Protected Under Copyright

  1. Film made for cinema or television broadcast
  2. Recording of sound, including voice, music, or other audio
  3. Composition of music and its corresponding sound recording
  4. Creative works of art, such as paintings or photographs
  5. Original written works, including books, articles, and other literary works
  6. Film made for cinema or television broadcast
  7. Recording of sound, including voice, music, or other audio
  8. Composition of music and its corresponding sound recording
  9. Creative works of art, such as paintings or photographs
  10. Original written works, including books, articles, and other literary works

Rietway Consultants Copyright Package

The Services which are included in our package are as Follows:
✅ Consultation
✅ Preparation of Copyright Application
✅Application Filing
✅Paying Government Fees
✅Issuance of Dairy Number

Documents Required for Copyright Filing

  1. Provide candidate’s name, address, and nationality as proof of identity.
  2. Obtain a no-objection certificate from the publisher if the work has been published and the publisher is not the applicant.
  3. Obtain a search certificate from the Trade Mark Office (TM-60), if applicable.
  4. Obtain a no-objection certificate from any person whose photograph appears in the work.
  5. Submit a power of attorney document.
  6. Provide two copies of the work.
  7. Submit the author’s Know Your Customer (KYC) details.
  8. Pay the required fee for each work via a Demand Draft (DD) or Indian Postal Order (IPO).
  9. Obtain a no-objection certificate from the author if the candidate is not the author.

Procedure for Copyright Filing

The process of copyright registration involves several steps, which are as follows:

Step 1: The applicant must file the copyright registration application with the Copyright Registrar, providing all the details of the work to be registered. Depending on the nature of the work, separate applications may have to be filed.

Step 2: The application forms must be signed by the applicant and submitted by an Advocate who has been given Power of Attorney.

Step 3: After the application is submitted online, a Diary number will be issued.

Step 4: The Copyright Examiner reviews the application within 30 days to identify any discrepancies or objections.

Step 5: If there are any discrepancies or objections, a notice will be issued, and the applicant will have to comply within 30 days.

Step 6: If there are no discrepancies or objections, or if they have been resolved, the Copyright Office will issue the Registration Certificate (Extracts of Register of Copyrights) to the applicant. The registration process may take up to 12 months, during which time the applicant may be asked for clarifications or to correct any defects in the application.

Advantages of Copyright Registration

  1. Protection against infringement is one of the benefits of copyright. It enables creators to take action against individuals or entities that are copying their work and profiting from their hard work.
  2. Registered copyright can be used to develop branding and goodwill with customers. It demonstrates that you are committed to protecting your creations.
  3. Copyright registration enables creators to increase their visibility and recognition globally. It limits the unauthorized use of their work and enables them to maintain control over it.
  4. Copyrighted works are valuable intellectual property assets that can be licensed, sold or commercially exploited.
  5. Copyright registration creates a clear public record of ownership, which can help creators establish their rights over their work.
  6. Copyright protection is not limited to India. Works that are protected by copyright in India are also granted similar protection in other countries. In addition, works that are copyrighted in other countries are protected in India.

Rights of the copyright owner

The Indian Copyright Act 1957 is responsible for addressing copyright-related matters in India. It safeguards the financial, legal, and social interests of copyright owners. The Act grants copyright owners exclusive rights on the following aspects:

  1. Reproduction Right- According to the Copyright Act, reproducing a protected work, either in part or whole, is prohibited without the owner’s authorization. For example, it prevents copying a song, sound recording, or video recording using a recording device.
  2. Adaptation Right- The Copyright Act gives the creator the exclusive right to utilize his work in any way he desires. He can create derivative works or prepare a new work in a different format based on his existing creation.

The Copyright Act defines the following actions as “adaptation”:

  • Turning films, plays, dance performances, or other theatrical productions into written works like novels, poems, or books.
  • Transforming visual or written artistic works like photographs, sculptures, drawings, or paintings into dramatic works.
  • Creating a visual representation of the original work.
  • Changing or adapting both dramatic and non-dramatic works.
  • Writing down a musical composition or performance.

  1. Right of Communication To The Public- The Act gives exclusive rights to the owners of original work to broadcast their work to the public through visual images or signs.
  2. Right of Public Performance- The Act gives exclusive rights to the owners of artistic and musical work to perform their works in public. This includes actors performing their plays and musicians playing their music for audiences.
  3. Right of Paternity And Integrity- The Copyright Act provides moral rights to the creators of original work. The right of attribution allows the owner to claim authorship over their work and be credited for it. The right of integrity protects the original work from being mutilated, modified, or distorted without the creator’s permission.
  4. Right of Distribution- The Copyright Act provides exclusive rights to the owner of the work to distribute it in any form they choose, such as selling, reproducing, leasing, lending or renting. They may also transfer certain rights to another person subject to specific limitations.

FAQ on Copyright

Does copyright apply to titles or names?
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information nor protect ideas or concepts. Copyright is provided only to original literary work.

Do I need a trademark or copyright? What is the difference?
A trademark is a mark given to protect a brand name, logo or slogan. On the other hand, copyright is a protection given to unique content like a book, music, videos, songs and artistic content.

After applying for a copyright, if someone else copies my content, is there any protection?
Yes, absolutely. You must immediately send a legal notice and after sending the notice, if the problem does not get resolved, you can even file a case against the other side in a court of law.

How long is copyright registration valid for?
Copyright protection is valid for 60 years. If it is literary, dramatic, musical and artistic works, the 60-year period is counted from the year following the expiry of the author. For cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60-year period is counted from the date of publication.