Copyright Registration in India
Copyright registration Overview
Copyright is one of the major intellectual property rights. A simple terms, copyright is a bunch of rights entrusted
for creative works such as text, artistic works, music, computer programs, sound recordings and films also termed as
“work”. Copyright registration does not protect ideas, concepts, styles or techniques. For example, copyright will
not protect an idea for a story or play, but it will protect a script for the same. A registered Copyright prevails
throughout India.
What is protected under Copyright Registration
- Literary, dramatic or musical work.
- Computer programs.
- Cinematograph film.
- Sound recording
REQUIREMENTS FOR COPYRIGHT REGISTRATION IN INDIA
- Two copies of the work to be protected under copyright registration.
- Name, address and nationality of the applicant.
- Nature of the applicant’s interest in the work.
- Title of the work.
- Name, address and nationality of the creator or author of the work and if the author is deceased, the date of his
death. - Year and name of the country of first publication of the work and name, address and nationality of the publisher.
- Year and countries of subsequent publications, if any, and names, address and nationalities of the publishers.
- Names, addresses and nationalities of the owners of the having rights in the copyright work and the extent of rights
held by each owner, together with particulars of assignments and licenses, if any. - Names, addresses and nationalities of other person, if any, authorized to assign or license the rights comprising the
copyright. - No objection certificate from the Trademark Registry.
- The applications should be signed by the applicant or the advocate in whose favour a Power of Attorney has been executed.
The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.
Benefits and significance of Copyright Registration
- Copyright protection ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting
and rewarding creativity. - An owner of the copyright work also has an advantage to either sell or agree for transferring his copyright to someone else
whether for free or on the basis of some royalty. - Copyright therefore encourages enterprise and creator of works to helping them to materialize their creative work.
- Copyright protection provides benefits in the form of economic rights which entitle the creators to legally get an appropriate
financial reward from activities such as making copies, performing in public, broadcasting, use on-line, etc.
Process of Copyright Registration in India
Copyright exists even without formal registration. However, to secure and reap actual benefits of copyright subject matter, it is
advisable to get the work protected under copyright registration. Certificate of copyright registration and entries made in the register
of copyrights serve as prima-facie evidence in the court of law that the work is copyright protected.
Below is step by step process of Copyright Registration in India:
Our Copyright Registration Package Includes:
- Application Preparation
- Stage by stage monitoring
- Timely updates, No hidden cost
Frequently Asked Questions
Copyright is a bundle of rights given for the creator of works of literacy, cinematograph films, artistic, dramatic, musical, and sound recording.
• Literacy works • Artistic works • Dramatic • Musical • Cinematograph films • Sound recording. However the works should be original.
The copyright registration gives the exclusive rights to the creator and protects the work from infringement. One of the important object is to motivate and promote the work of creativity and secure right of the creator.
No, those are not protected but with the works (on packaging, design, illustrations, logos) title and names on such works can get protection to some extent. Also ideas or concepts do not get protection under copyright.
• The exclusive right to exploit the work • Right to sue for damages and infringement with related to the works • Reproduce • Publish or promote or perform • Translate or adaption of the works • Right of paternity • Right of integrity
The procedure begins with the application submission. Next, you get a diary number from that date we need to wait for thirty days for any objections and then based upon the objections the registration will carry out and certificate will be issued.
No, the term of protection varies from the works to works.
It can be published or unpublished but should be original.
No, but in order to get the prima facia evidence as respect to the ownership and authorship requires copyright registration
Yes, the software can get protection under the copyright under the theme of literacy works.
Yes, can be made from the official government web portal with the help of an expert.
Once objections are made they have to be clarified or replied within forty five days, and with satisfied reply to the controller on such objection the registration will take place.
The creator or the author or the rightful owner or their assignees or their legal representatives can file for copyright protection.
The term of protection for the literacy, musical or artistic works will be up to life time of the author and additional protection up to sixty years from the date of death of the author. Cinematograph films, computer software, photograph will get protection up to sixty years.
The controller has every right with respect to the registration either to register or to reject the application. But in case of rejection the opportunity of hearing is mandatory for the applicant and after the hearing the controller may reject or register the copyright.
Ans scope of both copyrights is completely different, script provides copyright over the sequence and basic theme, movie copyright covers entire screenplay, characters and expression, one must apply for both.
The Govt fees for copyright over movie is is Rs 5000/- Professional fees depends on number of parties involved in creation of said movie.
Yes, you can apply copyright for the packaging of your products, provided it should have some creative elements in it.
Once you have the copyright registration over your packaging of goods, you can initiate the infringement proceeding against the person copying your packaging.
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