Copyright is necessary a right not to copy someone’s work. A Copyright Registration in India provides the owner of the subject an absolute right over his work. If your work is secured by copyright, no one can replicate copy or reproduce the original work in any other way. The validity of copyright in India is for 60 years. Copyright can be appropriated for the following works:
- Fashion Designs
- Training Manuals
- Literary Work
- Paintings etc
The register of the Registrar of Copyrights is branched into 6 parts:
- PART – 1: Literary works except for computer Programs
PART – 2: Works related to music
PART – 3: Artistic Works
PART – 4: Films with cinematography
PART – 5: Sound Recording
PART – 6: Computer Programs, tables & collection
Copyrights are secured by “THE COPYRIGHT ACT, 1957” though there have various amendments to the act.
Advantages of Copyright Registration in India?
Securing copyrights for books, music pieces, movies, photography, software programs, etc. gives the author the following advantages:
· When the work gets copyrighted, it is provided without cost on the public records, thereby forming the ownership.
· In the case of copyright infraction, the authors can sue the infringers to protect their work and claim statutory harms.
· The owners can file the registration with Indian customs and prevent importing imitate copies.
· Any outgrowth or derivative can be made from the authentic registered work.
· The rights can be delivered or sold to third-party with approval.
· Copyright protection permits the owners to display their work.
Copyright registration in India – An elaborated procedure
The procedure for registering copyright consists of the following steps:
Step 1: The copyright enrollment application has to be filed in the concerned forms with the Copyright Registrar, citing the specifics of the work.
Depending on the sort of work, different copyright applications may have to be filed.
Our agents will ask for elemental details based on your copyright work. You will also need to deliver three copies of your work and few signed documents including an approval letter that we will send by email. If the work is unrevealed, two copies of the manuscript can be sent, where one copy will be sent to the applicant with a seal, and the other will be reserved classified with the Copyright Office. Applicants can also select to send only the excerpts of the manuscript instead of the whole classified copy.
Step 2: All forms must be appropriately signed by the applicant and the application must be submitted by the Advocate under whose name Power of Attorney has been carried out.
Our professionals will then produce the copyright registration application and submit the mandatory forms with the Registrar of Copyrights electronically.
Step 3: Once the application is acknowledged online, you will be issued the Diary number.
Step 4: You have to wait for 30 days within which the Copyright Examiner audits the application for potential inconsistencies and/or objections.
Step 5: If inconsistency and/or objections are found, discrepancy notice will be issued and the same needs to have submitted within 30 days from the date of issuance of the notice.
Step 6: Once the inconsistency has been eliminated or if there are no inconsistencies or objections with the application, the copyright shall be certified and the Copyright Office shall issue the excerpts of Register of Copyrights (ROC) which is nothing but the Registration Certificate.
On finalization of the copyright application, you will obtain a diary number. It will take 12 months for the registration of copyright in India. During this time, we may be asked for some description on the same and/or some deficiency in the application and it will cost an extra Rs. 1500 for replying and complying with the deficiencies.
Documents Required for Copyright Registration in India
Personal Details required For Copyright Registration in India
· Name, Address & Nationality of the Claimant.
· Name, address, and nationality of the composer of the work.
· Nature of the applicant’s interest in the copyright – whether the applicant is the composer of the work or the agent of the composer.
· Original work’s copy
· Incorporation certificate if it is for business or ID proof of the owner.
Nature of the Work
· Class & Explanation of the Work
· Works’ title
· Works’ language
· Date of Publication – Publication in private magazines, like the magazines of the company or a research paper submitted to a professor does not consider as a publication.
Scope of copyright protection
The Copyright Act, 1957 inhibits illegitimate use of any original literary, musical, dramatic, sound recordings, cinematograph, and other artistic works. Both printed and unpublished works can be copyrighted, and the copyright of the original work is restricted to the original creator. Copyright can also be certified for works that were printed before 21st January 1958, which is before the Copyright Act came into reality.
Copyright conservation of original literary, musical, dramatic, and artistic works lasts for the whole lifetime of the owner. Besides, it also for another 60 years counted from the year following the owner’s death. In the event of sound recordings, cinematograph films, photographs, posthumous publications (printed post the death of the author), anonymous and pseudonymous publications, government works, and works of international organizations.
Rights of the copyright owner
In India, the Indian Copyright Act 1957 manages matters relevant to copyright. It conserves the economic, legal, and social interests of the copyright owner. The Act provides exclusive rights of the owner on the following prospects-
Right of Reproduction
According to the copyright act instruction, no person can make copies of or duplicate a protected work, in part or whole, without permission from the copyright owner. Thus, it inhibits copying a song, any sound, or any form of video recording in a recording device.
Right of Adaptation
The Copyright Act provides privileged rights to the author to use his bit of work the way he needs. He can produce any derivatives of his authentic work. He can also develop a new work in a different pattern, based on his existing formation. The Copyright Act describes the following actions as “adaptation”:
· Transforming movies, plays, melodramatic works, or choreographic shows into classical or non-dramatic works such as novels, poems, and books.
· Transforming artistic and classical works such as photography, sculpture, drawings, paintings, etc into forms of dramatic task.
· A pictorial characterization of the original task.
· Amendment or alteration of the non-dramatic and dramatic task.
· Manuscript of a musical piece/work
Right of Communication To The audience
The Act gives privileged rights to the copyright holder to publish their original work to the audience. They can do this by wireless dissipation in any pattern of visual photos or signs.
Right of Public Performance
The Act gives exclusive rights to the owners of artistic and musical work to perform their works in public. An actor can make a public performance in any of his plays. A musician can play his piece of original music for the masses. Similarly, artists can publish their performances in the audience on any stage they want.
Right of Paternity and Integrity
The Copyright Act grants the dual moral rights of integrity and morality on the owner of original work. The right of acknowledgment or paternity signifies that the owner/creator can allege the sole ownership over his bit of work. In other words, he can have it credited to himself. Anyone desiring to adopt or replicate the original work must give the author his deserved credit. Else, the owner will be at the freedom to file a legal suit versus the ‘illegitimate’ maker. For example, before making a movie made on a particular book, the maker need to recognize or give credit to the owner.
The right of integrity provides various types of conservation to the copyright owner. If anyone amputates, modifies, or alters the original work of the copyright owner, he can claim harms from that person. This is done on the alibi that such an act has induced the loss of fame to the author and his original production.
Right of Distribution
The Copyright Act gives absolute rights to the copyright owner to disperse his work in any form he loves (through selling, recreating, and letting, allowing, or renting). If he desires, he can also assign certain rights to another person to utilize the copyright in segment or whole, subject-specific circumspection.
The Copyright Act, 1957 as well as the Copyright Rules, 1958, and the modification thereof aim to secure the rights and interests of the authors and owners of the intellectual property along with securing the interests of the world at large.
Notably, the Act is a full thorough regulation that stands on the pillar that the tasks of the authors shall not be embezzled. This Act is outlined in conformity with the English and the American Intellectual Property Laws. This Act is resolved to give safeguards to the author along with the ‘work’. In India, copyright is treated as an architectural work that will get along only if the work is based in the country of its source that is India.
To learn more about the copyright registration in India visit Here