Copyright Registration Process

Copyright Registration Online: Advantages, Requirements, Process

Any individual that creates a product or any piece of work, for instance, needs to ensure that it does not get copied or stolen by anyone and in order to protect his work, there is a requirement of copyright.


Any individual that creates a product or any piece of work, for instance, needs to ensure that it does not get copied or stolen by anyone and in order to protect his work, there is a requirement of copyright. The first step in order to get a copyright is getting its registration. The process of Online Copyright Registration is simple and can easily be done by following certain steps.

A copyright is a legal and an exclusive right is given to an individual for the purpose of protecting his work. He is granted full ownership on his work after receiving the copyright. Copyright serves many benefits. The owner of the copyright can charge an amount from someone who wants to use their work for any purpose. A copyright can be acquired on books, scripts, software, recordings, computer programming. Companies usually copyright instruction manuals, website content, product literature, brochure, and user guides. The Copyrights Act lays down rules for copyright.

Important features of Copyright

  • A copyright is an intangible property that lasts for a limited period of time.
  • It is created for creative or artistic piece of work
  • It restricts unauthorized use of any sort of work
  • An individual that multiple rights once you copyright any work like reproduce, store or make different versions of it
  • Copyrights are transferable

Advantages of Copyright Registration

  • Copyright Registration ensures legal protection: Anything that is legally protected gives the individual a right to file a lawsuit against the person who tried to copy his work.
  • It boosts creativity: The creator is not worried about his work being stolen or being copied by someone else which helps him create new pieces eventually.
  • Registration helps achieve statutory damages award: If a creator registers his work under the copyright registration within three months of publication of the work or before its infringement, he becomes eligible for an award of statutory damages. An award for statutory damages permits the copyright owner to maintain a particular amount for each work infringed. Also, the owner has the right to validate the actual damages. 

Copyright Registration Process

In order to obtain a copyright, the copyright registration process must be followed in an appropriate manner to receive it within a few days.

  • Filing a Copyright Application: A Copyright Application must be prepared which takes around 2 to 4 working days for its preparation.
  • Processing of the Copyright Application: After filing an Application, a ‘diary number’ is issued after which the applicant gets notified regarding any objections. This takes around 30 days.
  • Approval of the Copyright Application: In the case of no objection, the scrutinizer examines the application and if there are no discrepancies, then the registration is approved by the Registrar.
  • Copyright Registration: After the application is approved by the Registrar, extracts will be sent by Registrar to the applicant.

Documents Required for Copyright Registration

For Artistic work

  • 2 Copies of work
  • DD/IPO of a particular amount depending on the work.
  • NOC from the publisher if the applicant and the publisher are different individuals.
  • A Search Certificate from Trade Mark Office if the work is being used on goods.
  • NOC from a person whose photograph is utilized on the work.
  • If the application is filed through an attorney, a specific Power of Attorney in the original must be signed by the applicant and approved by the attorney.

For Cinematography Film

  • 2 Copies of the original piece of work.
  • DD/IPO of a particular amount depending on the work.
  • NOC from different copyright holders or a copy of the agreement (assignment deed).
  • NOC from the publisher if the applicant and the publishers are different individuals.
  • In the case of the application being filed through an attorney, a specific Power of Attorney must be properly signed by the applicant and accepted by the attorney.

For Music

  • 3pieces of graphical work.
  • DD/IPO of a particular amount depending on the work.
  • NOC from the publisher if the applicant and the publishers are different individuals.
  • NOC from the author if the applicant and the author are different persons.
  • In the case of the application being filed through an attorney, a specific Power of Attorney must be properly signed by the applicant and accepted by the attorney.

Literary / Dramatic

  • 2 Copies of work
  • DD/IPO of a particular amount depending on the work.
  • NOC from the author if the applicant and the author are different individuals.
  • In the case of the application being filed through an attorney, a specific Power of Attorney must be properly signed by the applicant and accepted by the attorney.

Sound Recording

  • 2 Copies of work.
  • DD/IPO of a particular amount depending on the work.
  • NOC from different copyright holders or a copy of the agreement which is the deed of assignment.
  • NOC from the publisher if the applicant and the publishers are different individuals.
  • In the case of the application being filed through an attorney, a specific Power of Attorney must be properly signed by the applicant and accepted by the attorney.

Types of Copyright for Music Licensing

  • Public Performing right
  • Public Performance License
  • Reproduction Right
  • Mechanical License
  • Synchronization License
  • Digital Performance Right in Sound Recordings

Copyright Types in India

  • Literary works
  • Dramatic works
  • Artistic works
  • Musical works
  • Sound recordings
  • Movies  
  • Copyright under Creative Commons

Things that cannot be copyrighted

Certain things that cannot be protected under the Copyright Registration. Some of the things are:

  • Ideas, methods, systems, procedures, concepts, principles or discoveries.
  • Titles, short phrases, names or slogans.
  • Listings of ingredients or contents.
  • Symbols or designs.
  • Works that are not available in a tangible form.

Copyright infringement

Copyright infringement is the use of copyright-protected material without the permission of the copyright holder. Copyright infringement means that the right given to the copyright holder that ensures his work as an original work and can use it as an exclusive for a particular period of time is breached by a third party.

Source: http://legalconsultantswaritadvisors.mystrikingly.com/blog/copyright-registration-online-advantages-requirements-process

 
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