Copyright Registration.

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What is a  Copyright Registration?

Copyright registration is done in accordance with the Copyright Act, 1957. With copyright registration, you may become a legal owner of your creative work in respect of books, paintings, music, video, paintings, website, mobile application etc. Copyright registration with the authority ensures that creative work of the author cannot be imitated. No person is authorized to use the same without the permission of the author or creator. The author is allowed to charge others for using his work or modifying it. Copyrights registration safeguards the rights of the creator from infringement. It gives legal protection by which no other person can misuse the copyright in any manner without obtaining the permission of the owner.

Eligibility

Copyright protection is conferred on all Original literary, artistic, musical or dramatic, cinematograph and sound recording works. Original means, that the work has not been copied from any other source. Copyright protection commences the moment a work is created, and its registration is optional. However it is always advisable to obtain a registration for a better protection. Copyright registration does not confer any rights and is merely a prima facie proof of an entry in respect of the work in the Copyright Register maintained by the Registrar of Copyrights.

Copyright Registration

Now that we understand who is entitled to get a copyright and what essential documents they must have to get it registered, let’s see how you can register your original work with the copyright registrar under Chapter X of the Indian Copyright Act,1957 and Rule 70 of the Copyright Rules’ 2013.

The steps involved in the registration process are:

  • Step-1: File An Application:-

    • The author of the work, copyright claimant, owner of an exclusive right for the work or an authorized agent file an application either physically in the copyrights office or through speed/registered post or through e-filing facility available on the official website (copyright.gov.in).
    • For registration of each work, a separate application must be filed with the registrar along with the particulars of the work. Along with this, the requisite fee must also be given, Different types of work have different fees.
      For example, getting the copyright for an artistic work registered, the application fees is INR 500, while for getting the copyright for a cinematograph film registered is INR 5000. The application fees range from INR. 5000 to INR. 40000. It can be paid through a demand draft (DD) or Indian postal order (IPO) addressed to the Registrar of Copyright Payable at New Delhi or through e-payment facility. This application must be filed with all the essential documents.

    At the end of this step, the registrar will issue a dairy number to the applicant.

  • Step 2: Examination:- In the next step, the examination of the copyright application takes place.
    Once the dairy number is issued, there is a minimum 30 days waiting period. In this time period, the copyright examiner reviews the application. This waiting period exists so that objections can arise and be reviewed. Here the process gets divided into two segments:

    • In case no objections are raised, the examiner goes ahead to review and scrutinize the application to find any discrepancy.
      • If there is no fault and all the essential documents and information is provided along with the application, it is a case of zero discrepancies. In this case, the applicant is allowed to go forward with the next step.
      • In case some discrepancies are found, a letter of discrepancy is sent to the applicant. Based upon his reply, a hearing is conducted by the registrar. Once the discrepancy is resolved, the applicant is allowed to move forward to the next step.
    • In case objections are raised by someone against the applicant, letters are sent out to both parties and they are called to be heard by the registrar.
      • Upon hearing if the objection is rejected, the application goes ahead for scrutiny and the above-mentioned discrepancy procedure is followed.
      • In case the objection is not clarified or discrepancy is not resolved, the application is rejected and a rejection letter is sent to the applicant. For such applicant, the copyright registration procedure ends here.
  • Step-3:- Registration :-The final step in this process can be termed as registration. In this step, the registrar might ask for more documents. Once completely satisfied with the copyright claim made by the applicant, the Registrar of Copyrights would enter the details of the copyright into the register of copyrights and issue a certificate of registration.
    The process registration of copyright completes when the applicant is issued the Extracts of the Register of Copyrights (ROC).

Advantages of Copyright Registration

  • Legal Protection:- Copyright registration serves as prima facie evidence in the court of law over ownership of the work. Therefore, copyright registration gives the owner legal protection for his/her work.
  • Branding and Goodwill:- Registered copyright can be used for marketing and creating a sense of goodwill and quality in the minds of your customer. Registered copyright shows others that you care about your work.
  • Global Protection:- Works that are copyrighted in many other countries are accorded similar privileges here in India. Likewise, works copyright registered in India are accorded protection in many foreign countries.
  • Restricts Unauthorized Reproduction:- Copyright registration will establish that you are serious about copyright infringement. This will help impede unauthorized reproduction of the work as it provides the owner with a host of legal remedies.
  • Creation of Asset:- Copyright registration creates an intellectual property, an intangible asset. Registered copyrights are intellectual property and the rights can be sold, franchised, or commercially contracted.

Copyright Protection Validity

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

Remedy for Copyright violation

The remedies provided by the Copyright Act, 1957 against infringement of copyright are:

  • Civil remedies – these provide for injunctions, damages, rendition of accounts, delivery and destruction of infringing copies and damages for conversion.
  • Criminal remedies – these provide for imprisonment, fines, seizure of infringing copies and delivery of infringing copies to the owner.
  • Border enforcement – the Act also provides for prohibition of import and destruction of imported goods that infringe the copyright of a person with the assistance of the customs authorities of India.

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