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.
Things are protected under Copyright
It protects the creation of ideas alone it cannot be protected. The following may be protected under copyright law.
Musical work & Sound recording
Artistic work like paintings, photographs
Original literary others
Broadcasts on Radio and Television
Basic Requirements for Copyright Registration
Registration guarantees legal protection guards goodwill and restricts unlawful reproduction of the work of the inventor. Global protection as the copyright in India is known virtually worldwide.
A copyright registration benefits in the creation of assets i.e. and intangible assets and can be traded, franchised or commercially contracted.
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
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.
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:
Documents Required for Copyright Registration
Name, Address & Nationality of the Candidate – ID proof
NOC from the publisher if work published and publisher is different from the applicant.
Search Certificate from Trade Mark Office (TM -60) if any
NOC from a person whose photograph appears on the work.
Power of Attorney
2 Copies of work
KYC of author
DD/IPO of Rs. per work ((as applicable)
NOC from the author if the candidate is different from the author.
Advantages of Copyright Registration
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 show others that you care about your work.
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 an intellectual property and the rights can be sold, franchised or commercially contracted.
What is included in our Package.
Duration of Copyright in India
After copyright registration, copyright is valid for the lifetime of the author 60 years after the death of the author.
Duration of copyright registration means the copyright in a work will live for such a period as directed under the copyright act and the same cannot be practiced without author/creator permission. Since the copyright duration in a work varies from the nature of work, the duration of copyright as per the work has been discussed hereinbelow:
- Published bookish, musical-dramatic or artistic work: up to 60 years after the lifetime of the author.
- Anonymous and pseudonymous works: 60 years from the date the work was 1st published.
- Cinematographic works: 60 years from the date film was screened
- Sound recordings: 60 years from the date such sound recording is released.
Legal Rights in Copyright
1. Rights of the copyright owner
Under the Indian Copyright Act 1957, copyright preserves the social, economic and legal interests of the author. The copyright owner is allowed to retain the following exclusive rights.
- The owner may ask for authorship for published work under the right of paternity.
- The owner may reproduce the work in any tangible form and keeping it in any medium by electronic means as well.
- The owner may determine where to publish and where not under the right of publication.
- The owner may perform in public or talk about it to the public or he/she may make any translation or adaptation of the work.
- The owner may take certain defensive actions in case of image or reputation loss.
- The owner has a right to sell and transfer his or her work.
2. Rights of Reproduction
The Copyright Act says that no 3rd party can reproduce or make copies of the original work or part of the work unless the copyright owner has authorized to do so. It limits reproduction in the form of printing an edition of a work and recording sound and films.
3. Rights of Adaptation
The copyright creator can choose to use his work whichever way he needs. That is, he/she can build derivatives from the existing work or make new work in the same form or another form based on the original work. The following actions outline the term adaptation as per the Copyright Act:
- Transforming plays, movies, choreographic shows, and other dramatic works into non-dramatic or literary works like poems, novels, and books
- Transforming bookish works and artistic works like sculpture, photography, paintings, drawings, etc into dramatic work
- Change or modification of dramatic and non-dramatic work
- Pictorial depiction of the work
- Transcription of musical work
- Right of communication to the public
Copyright owners can make their work open to the public using broadcast or wireless distribution whether in any or more of the forms of symbols or visual images.
- Right of public performance
The owners of musical work and artistic work can do their works publicly. For example, a musician can play his part or an actor can perform in his play for the crowds. The artists can also choose to advertise their performance on digital platforms.
- Right of paternity and integrity
The Copyright Law grants the moral rights of paternity and integrity to the creators. The right of paternity or attribution indicates that the creator can maintain authorship over his work and have it attached to him. That is, whoever wants to reproduce or change the original work has to provide due credit to the author or else the author has the right to take the actions against the maker. For example, if a person needs to make a movie out of a book, he/she must properly acknowledge the author. The right of integrity preserves the right of the holder and lets him/her claim damages when someone changes, damages or alters his work creating disputation to his name and work.
- Right of Distribution
The copyright holder may distribute his work in any form by reproducing, selling, renting, leasing or lending. He/she can also assign particular rights to a person to either copyright the work partly, entirely or subject to some limitations.
Scope of copyright registration and protection
The Copyright Act, 1957 limits unauthorized usage of any original bookish, musical, dramatic, sound recordings, cinematograph and other artistic works. Both published and unpublished works can be copyrighted, and the copyright of the original work is held for the original creator.
If the work to be registered is unpublished, a copy of the book has to be sent along with the application for attaching the stamp of the Copyright Office in proof of the work having been registered. In case 2 copies of the book are sent, one copy of the same duly stamped will be returned, while the other will be held, as far as possible, in the Copyright Office for record and will be held confidential. It would also be open to the candidate to send only quotes from the unpublished work rather of the whole book and ask for the return of the quotes after being stamped with the authorization of the Copyright Office. When a work has been registered as unpublished and finally it is published, the candidate may apply for modifications in particulars entered in the Register of Copyright in Form 5 with the directed fee.
All kinds of bookish and artistic works can be copyrighted, you can also register a copyright application for your website or another computer program. Computer Software or programs can be registered as a ‘literary work’. As per Section 2 of the Copyright Act, 1957 “literary work” comprises computer programs, tables, and compilations, including computer databases. ‘Source Code’ has also to be provided along with the application for certification of the copyright for software products. Copyright protection limits the excessive generation of private products or works and ensures the individual owner holds vital rights over his creation.
Copyright protection of original bookish, musical, dramatic, and artistic works continues for the entire lifetime of the author. When the author dies the following 60 years after his death also no one can copy his or her content, logo, brand, etc.
Difference between Trademark, Patent, and Copyright
Basis Copyright Trademark Patent Meaning It preserves the expression of ideas like artistic work. Artistic work involves work related to books, paintings, music and computer Programme. Copyright protection benefits in excluding others from using the work. Trademark preserves any word, symbol, a design that recognizes business and differentiate the brand from others. The patent guards the invention of the inventor and provides an exclusive right to the inventor over his/her invention and it also eliminates others from using the invention. Column 1 Value Column 2 Value Column 3 Value Column 4 Value Protection given for Novel works of authorship like books, articles, songs, photographs, paintings, choreography, sound recordings, motion pictures, etc. Any word, logo, symbol, mark, phrase that differentiates goods of one party from another. Features of shape, configuration, pattern, and ornament, the form of lines, colour or blend thereof applied to each article. Column 1 Value Column 2 Value Column 3 Value Column 4 Value Significance Expression of Ideas Identification of brand Invention Govern by Indian Copyright Act, 1957 Trade Marks Act, 1999 Indian Patent Act, 1970 Requirements of Registration The work must be original, creative and must be able of fixing in the tangible form. The marks needs to be unique. The design needs to be original and must be referred to the article by any industrial process. Exclusions Others are not permitted copy the work without the permission of the creator. Stop others from using the same logo/symbol. Stop others from using the invention without the permission Validity Term The validity time in copyright is 60 years. The validity time in trademark is 10 years. The validity time in patent is 20 years. Rights provided Right to control the reproduction, creating of copied works, distribution and public performance and shows of the copyrighted works. Rights to apply the mark and stop any 3rd person from using the deceptively same mark. Right to stop others from producing, selling using or importing the patented invention.