Copyright



Copyright

 

What is copyright and why it is required to get it registered?

We get to know meaning of Copyright from the word itself which says Copyright means Right to Copy. Copyright is an exclusive right over your own original work. In Other words no one can copy your work or publish it without your permission. Publishing here means introducing the work to public at large with help of mediums such as internet and newspaper. This allows you to be exclusive owner of your own work. The Act was introduced so that people could protect their original work of literally, dramatic or any other artistic work and prevent it from unlawful usage without their permission.

When your work is registered, anyone who wishes to use your work would require your permission. A royalty can be charged in exchange for such permission. It can be a great source of income even years after publication. However use of work would have certain exceptions like review, private study, research and criticism.

It gives you ownership over the things you create. Be it a painting, a photograph, a poem or a novel, if you created it, you own it and it’s the copyright law itself that assures that ownership. The ownership that copyright law grants comes with several rights that you, as the owner, have exclusively. Those rights include:

·       The right to reproduce the work

·       To prepare derivative works

·       To distribute copies

·       To perform the work

·       and to display the work publicly.

 

Which type of works can be protected?

Copyright does not exist for each and every kind of work. It is possible to copyright a work only if it is an original:

·       Artistic work such as a logo or painting.

·       Literary work such as a book or computer program.

·       Dramatic Work such as a play.

·       Musical work such as graph music.

·       Cinematographic work such as a video or a movie.

·       Sound Recording such as a song.

 

Documents Required for Copyright Registration

Confused about which documents are required for copyright registration? No issues, we are here to help you. Following documents are required for copyright registration:

·         No objection certificate (NOC) from the author of the work (if applicant and author are different).

·         3 copies of the work.

·         Special Power of Attorney

·         NOC from the publisher (if publisher and applicant are different and the work is published)

·         If a person's photo appears on the work, NOC from that person.

·         TM-60 (NOC from Trademark office) if you either want to or it is possible to use the work on goods.

·         Name, address, as well as nationality of the author.

·         Location of the work.

·         Year and country of first publication of work.

·         If the work is an adaptation or translation of another work.

·         Name, address and nationality of publisher.

·         Authorization in respect of work, if any.

·         Title of the work.

·         Language of the work.

 

 Steps for Copyright Registration

Step 1: Filing the Application

Along with the requisite fee, an application needs to be submitted either in DD/IPO. Once this application is filed, a diary number is generated and issued to the applicant.

Step 2: Examination

There is a minimum wait of 30 days for recording and analyzing any objections that may come up against the copyright application

a. In case of no Objection:

The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:

1. In case of discrepancy found during scrutiny:

A letter of discrepancy is sent to the applicant letter is generated and sent to the applicant. Based on the reply from the applicant, the registrar conducts a hearing of the alleged discrepancy row. Once the discrepancies are sorted during the hearing, the extracts of the same are sent to the applicant for him/her to register the copyright.

2. In case of zero discrepancy:

This would mean that the copyright application fulfils all criterion required for the copyright. The applicant is then given the nod to go ahead with the registration of the same. (If the registration is not approved, then the applicant received a letter of rejection)

b. In case of an objection filed:

While we listed above the scenarios of ‘no objections’, in case one is faced with an objection, the following proceedings take place:

Authorities send out letters to the two concerned parties, trying to convince them to take back the objection. After requisite replies from the third party, the registrar conducts a hearing. Depending on whether the registrar accepts the reply, the procedure takes shape

1. If the application is accepted:

The application being accepted means that the objection has been rejected. The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:

2. In case of discrepancy found during scrutiny:

A letter of discrepancy is sent to the applicant letter is generated and sent to the applicant. Based on the reply from the applicant, the registrar conducts a hearing of the alleged discrepancy row. Once the discrepancies are sorted during the hearing, the extracts of the same are sent to the applicant for him/her to register the copyright.

c. In case of zero discrepancy:

This would mean that the copyright application fulfils all criterion required for the copyright. The applicant is then given the nod to go ahead with the registration of the same. (If the registration is not approved, then the applicant received a letter of rejection)

d. If application is rejected:

In case this happens, then the applicant receives a rejection letter that marks the end of the copyright procedure

Step 3: Registration

As can be seen from the aforementioned steps, the registration solely depends on the registrar. Once everything is cleared from the registrar’s end, the applicant received the copyright and can legally exercise all rights that come with the owner of that copyright.

 

Fee for Copyright Registration

The government fee varies as per the type of work and starts from Rs. 500. The professional fee also varies as per the type of work and starts from Rs. 2000.

 

Timeline for Copyright Registration

On an average, the entire process of copyright registration takes 8-9 months. This is further subject to discrepancies in the application, if the copyright office raises any.