What is Copyright and How to Apply Copyright Registration in India 2024

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What is Copyright and How to Apply Copyright Registration in India 2024

Many times, the works of creators get copied, imitated or reproduced. However, if their work is protected by copyright, then those who copied their work have to pay the price legally. A copyright registration isn’t a mandatory requirement but it’s better to obtain it because you never know what legal copyright battle might be waiting for you in future. We’re pretty sure you wouldn’t want someone else to benefit from your creation by claiming it to be their work. This is why you need copyright registration as soon as possible.

In this blog post, we will discuss the copyright registration process in India. 

About Copyright 

Copyright is a legal right that belongs to the creators of literary and artistic works such as drama, literature and music works, cinematic films as well as sound records. 

Copyright gives an artist the exclusive right to use, distribute or license their creation and prohibit others from using it unless they have been granted permission to do so. In India, copyright is governed by the Copyright Act 1957. 

Who Can Register a Copyright?

The following people can apply for copyright registration in India:

1. Creator of the literary or artistic work

2. An individual claiming to have obtained the ownership rights from the original work’s creator

3. An agent authorized to act on the aforementioned individuals’ behalf.

Documents required for copyright registration in India 

To obtain copyright registration in India, you need to submit certain documents with the Copyrights Office. According to the type of work you want to obtain the copyright registration for, the documents differ i.e., documents needed for artistic work are different from documents needed for musical work. For each different type of work, the documents have been listed below:

Documents needed for literary or dramatic works

In case of literary or dramatic works, the following documents are required to be submitted along with copyright application:

• Demand Draft to the Registrar of Copyrights

• Two copies of the work.

• NOC from the individual whose portrait appears in work

• If the competitor is not the same as the publisher, the publisher must provide an NOC

• A NOC from the author is required if the applicant is not the author.

• If the applicant is an attorney, they must provide an original, legally executed Power of Attorney.

Documents needed for artistic work

The following documents are required to be submitted along with copyright application for artistic work:

• NOC from the author must be obtained if the applicant is not the author.

• If the competitor is not the same as the publisher, the publisher must provide an NOC.

• NOC from the person whose portrait appears in the work.

• If the applicant is an attorney, they must provide an original, legally executed Power of Attorney.

• Demand Draft to the Registrar of Copyrights

• Two copies of the work.

Documents needed for musical work

The following documents are required to be submitted along with copyright application for musical work:

• Demand Draft to the Registrar of Copyrights.

• Two copies of the work.

• Certificate of NOC from all the copyright holders and a copy of the agreement

• If the competitor is not the same as the publisher, the publisher must provide an NOC

• If the applicant is an attorney, they must provide an original, legally executed Power of Attorney.

Documents for sound recording

For copyrighting sound recording, the following documents are required to be submitted along with copyright application:

• If the competitor is not the same as the publisher, the publisher must provide an NOC

• If the applicant is an attorney, they must provide an original, legally executed Power of Attorney.Demand Draft to the Registrar of Copyrights

• Two copies of the work.

• Certificate of NOC from all the copyright holders and a copy of the agreement

Documents needed for software

For copyright registration for a software, the following documents must be submitted:

• Demand Draft to the Registrar of Copyrights

• Two copies of the work.

• Certificate of NOC from all copyright holders and a copy of the agreement.

• If the competitor is not the same as the publisher, the publisher must provide an NOC

• If the applicant is an attorney, they must provide an original, legally executed Power of Attorney.

• Source code or object code for verification

How to Apply for Copyright Registration in India

Mentioned below is the procedure for copyright registration in India:

Log Onto Copyright Portal

Visit the official website of the Copyright Office. Now, log in with your credentials. If you don’t have an account, click on “new user registration”. 

File XIV Form for Copyright Registration

To apply for copyright registration, FORM XIV is used. This form includes Statement of Particulars (SoP) and Statement of Further Particulars (SoFP). 

After logging onto the copyright portal, click the “Click for Online Copyright Registration” link. The copyright registration form requires four steps for completion. First, fill out Form XIV carefully, and then click on the “save” option to save all the entered information. Second, prepare a scanned copy of your signature and upload it. Third, you must complete the statement of particulars and then save all the entered details by clicking on “save”. 

Now fill out the statement of further particulars and then click on “save” to save entered details. As a final step in filing XIV form, pay the prescribed copyright registration fee for application using internet payment gateway. 

Issuance of Diary Number by Registrar

Once the application has been received successfully, the registrar will issue a Diary Number, marking the beginning of the copyright registration process in India. For any potential objections to be raised, there’ll be a 30-day waiting period. 

Sending Acknowledgment Slip to Copyright Office

Now, you must print a hard copy of the acknowledgement slip as well as the copyright registration form and send them to the copyright office address mentioned below:

• Copyright Division,

• Department For Promotion of Industry and Internal Trade,

• Ministry of Commerce and Industry,

• Boudhik Sampada Bhawan,

• Plot No. 32, Sector 14, Dwarka, New Delhi - 110078

You can send the application and acknowledgement slip by Speed Post or Registered Post based on your preference.

Handling & Resolution of Copy Right Objection 

The application will be examined for inconsistencies by a scrutinizer given that no complaints are raised within the 30 day-waiting period. If no discrepancies are found, the registration will proceed and an extract will be sent to the registrar for entry in the Copyright Register.

In case any objections are received, both parties will receive a notification from the examiner outlining the objections. A hearing will be arranged to address these objections.

Examination of Copyright Application

After the hearing and solution of objections has been done away with, the scrutinizer will examine the application if applicable. After this, they will either approve or disapprove the application.

Grant of Copyright Registration Certificate

Upon receival the approval for copyright application, the copyright office will grant the copyright certificate to the applicant. Generally, the entire process can take about 2-3 months on completion. However, there can be a delay in case objections are raised. 

By following all the steps mentioned above, you can complete the copyright procedure in India.

Why should one apply for Copyright Registration?

Once a literary or artistic work is created, it is granted copyright protection in India. So, in a way, it is not mandatory to obtain copyright registration. However, if you should still consider obtaining this registration as it offers a multitude of benefits including:

• The copyright registration certificate serves as a prima facie evidence in the court, as per the section 48 of the copyright act. Hence, it simplifies the litigation process for copyright infringement battles.

• Copyright owners have the right and authority to grant licenses for their works.

• Copyright registration creates a public record of copyright. This record becomes vital in case of any legal disputes.

• If a work has obtained copyright registration, its commercial value can be increased. It allows such a work to be assigned or sold easily.

Conclusion

Although not a legal requirement, copyright registration plays an essential role in stating that a work belongs to a certain creator. To obtain a copyright certificate in India, you must file an application with the Copyright Office. For assistance in registering a copyright in India easily, connect with Registrationwala consultants.

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