There are certain works that are proprietary in nature with regards to your business. These could include Audio Works, Graphics, Proprietary Images, Sound Recordings etc that have been created by you or your business.
These proprietary items help people at large to identify your product or service and helps you stand out as a brand.
However, people with bad intent try to misuse your business’ proprietary items in the form of counterfeit products, product or service imitation etc. They do so in order to make a profit from the work to which you have an exclusive right as an author or creator.
This is where Copyright protection comes into play. It encourages entrepreneurs to be creative and innovative as it extends legal protection to business organizations as well as individuals for such proprietary items or intangible assets.
Getting Copyright protection for works that are your creation can deter people with malicious intent from earning profits from your work. Thus, such a protection ensures that you as the author of creative work shall hold the exclusive right to earn profit from it.
This article talks about the meaning of Copyright, the need for Copyright protection and the process for Copyright registration in India.
What is Copyright?
As per the Copyright Act, 1957, the term Copyright means a right extended by the law to the creators of literary, dramatic, musical and artistic works, producer of cinematic films and sound recordings.
In other words, it is the exclusive right given to the owner of the work thereby deterring anyone to copy or imitate the original work of the owner.
Copyright protection is given for a limited period of time in India. Typically, in India, the term of Copyright protection is 60 years.
In case of original literary, dramatic, musical and artistic works, this 60 year period starts from the year after the death of the author. However, in case of cinematograph films, sound recordings, photographs, posthumous publications etc., 60 year period starts from the date of publication of such works.
Why is Copyright Protection Required?
Creativity is the cornerstone of the progress of any society. Thus, every society must aim for encouraging creativity for its social and economic development.
With the copyright Protection Act, 1957, the authors of creative work get the exclusive right to profit from their work and are given other set of rights to safeguard their intellectual property.
Such a protection given by the law for the hardwork and effort of authors, writers, painters, film producers, sculptors etc. encourages entrepreneurship. Further, it creates a conducive environment for innovation and creativity in the country.
Copyright Registration Process
The Copyright Office in India maintains a Register known as the Register of Copyrights in a prescribed form.
This register includes the particulars such as:
- Registration number
- Name, address and nationality of the applicant
- Nature of applicant’s interest in the Copyright of the work
- Class and description of work
- Title of work
- Language of work etc.
Thus, an applicant or an author seeking Copyright Registration needs to make an application to the Registrar of Copyrights. This is done to record details of the applicant’s work in the Register of Copyrights.
Such an application can be made to the Copyright office in person, by post or through e-filing facility available on the website http://copyright.gov.in/UserRegistration/frmLoginPage.aspx.
Following are the steps involved for Copyright Registration in India.
1. Register of Copyrights
The Register of Copyrights which is kept in physical as well as electronic form has six parts. These include:
- Part I – Literary Works other than computer programs, tables and compilations including computer databases and dramatic works
- Part II – Musical Works
- Part III – Artistic Works
- Part IV – Cinematograph Films
- Part V – Sound Recordings
- Part VI – Computer Programs, Tables and Compilations including computer databases
2. Fill Application Form For Copyright
Each application for the Copyright registration is made in Form XIV. Whereas, application for registration of changes in the particulars of the Copyright already recorded in the Register of Copyrights is made in Form XV.
3. Pay Fee For Application
An application can be made only in respect of one work. Such an application is accompanied by the prescribed fee as specified in the Second Schedule of the Copyright Amendment Rules, 2013.
|Serial Number||Application for Compulsory Licence||Fee Amount (Rs)|
|1||For a license to republish a Literary, Dramatic, Musical or Artistic work (Sections 31, 31A,31B* and 32A)||Rs. 5,000 per work|
|2||For a license to communicate any work to the public by Broadcast(Section 31(1)(b)||Rs. 40,000 per applicant per station|
|3||For license to republish a Cinematograph Film (Section 31)||Rs. 15,000 per work|
|4||For a license to republish a sound recording (Section 31)||Rs. 10,000 per work|
|5||For a license to perform any work in public (Section 31)||Rs. 5,000 per work|
|6||For a license to publish or communicate to the public the work or translation (Section 31A)||Rs. 5,000 per work|
|7||For a license to publish any work in any format useful for person with disability (Section 31 B)||Rs. 2,000 per work|
|8||For an application for a license to produce and publish a translation of a Literary or Dramatic work in any Language (Section 32 & 32-A )||Rs. 5,000|
|9||For an application for registration or copyright in a:|
(a) Literary, Dramatic, Musical or Artistic work
(b) Provided that in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services (Section 45)
|Rs. 500 per work|
Rs. 2,000 per work
|10||For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a:|
(a) Literary, Dramatic, Musical or Artistic work
(b) Provided that in respect of a literary or Artistic work which is used or is capable of being used in relation to any goods or services (Section 45)
|Rs. 200 per work|
Rs. 1,000 per work
|11||For an application for registration of Copyright in a Cinematograph Film (Section 45)||Rs. 5,000 per work|
|12||For an application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45)||Rs. 2,000 per work|
|13||For an application for registration of copyright in a Sound Recording (Section 45)||Rs. 2,000 per work|
|14||For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45)||Rs. 1,000 per work|
|15||For taking extracts from the indexes (Section 47)||Rs. 500 per work|
|16||For taking extracts from the Register of Copyrights (Section 47).||Rs. 500 per work|
|17||For a certified copy of an extract from the Register of Copyrights of the indexes (Section 47)||Rs. 500 per work|
|18||For a certified copy of any other public document in the custody of the Register of Copyright or Secretary of the Copyright Board||Rs. 500 per work|
|19||For an application for prevention of importation of infringing copies (Section 53) per place of entry||Rs. 1,200|
4. Sign and Submit the Application
Each application is required to be signed by the applicant who may be either the owner or the author of the copyright in question.
In cases where the owner of the Copyright submits the application, such an application must be accompanied by an original copy of the ‘No Objection Certificate’ (Power of Attorney) issued by the author in favor of the owner.
Submission of Application in Case of Unpublished Work
In cases of unpublished work, the application for the copyright registration shall be accompanied by two copies of such work.
Submission of Application in Case of Computer Program
In case of a computer program, the application for copyright registration must be accompanied by source and the object code.
Submission of Application in Case of Artistic Work
Where copyright registration is to be obtained for an artistic work that is used or capable of being used in respect of goods or services, the application must include a Statement and a Certificate from the Registrar of Trademarks.
This acts as a proof that no trademark similar to the artistic work has been registered under the Trademarks Act by any other person other than the applicant.
Submission of Application in Case of Artistic Work Capable of Being Registered as a Design
Where the copyright registration for an artistic work that is capable of being registered as a Design under the Designs Act, 2000 is to be made, the application must include a statement in the form of an affidavit. Such a statement must authenticate that such an artistic work has not been:
- Registered under the Designs Act, 2000 and;
- Used in an article via industrial process and reproduced more than 50 times
5. Serve A Notice
Person filing application needs to serve a notice of application to each person having an interest in the subject matter of the Copyright or disputing against such a Copyright.
6. Acceptance or Rejection of the Application
The Registrar of Copyrights mandatorily waits for a period of 30 days from the date of filing of such an application.
If the Registrar of Copyrights does not receive any objection with regards to such a registration during 30 days from the receipt of such an application, he shall record the particulars of the work in the Register of Copyrights.
Where Registrar of Copyrights receives an objection during such a period, he may conduct an enquiry in respect of the same. Further, on being satisfied, the Registrar may enter the particulars of the work in the Register of Copyrights.
7. Opportunity to Get Heard
The Registrar of Copyrights provides an opportunity of being heard to the applicant before rejecting the application filed by him or her.
8. Entry in the Register of Copyrights
Registration process gets completed only when the copy of entry so made in the Register of Copyrights is signed and issued by the Registrar of Copyrights or the Deputy Registrar of Copyrights.
9. Copy Sent to the Applicant
Lastly, the Registrar of Copyrights sends a copy of the entry made in the Register to the concerned applicant.
Documents Required For Registration of Copyright
|Type of Work||Documents to be Submitted|
|Sound Recording||2 Copies of work DD/IPO of Rs. (as applicable) per work|
NOC from various copyright holders or copy of agreement (deed of assignment).
NOC from publisher if work published and publisher is different from applicant.
If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
|Software||2 Copies of work|
DD/IPO of Rs. (as applicable) per work
NOC from author if author is different from applicant
NOC from publisher if work is published and publisher is different from applicant.
If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney Source code and object code of work for verification.