Copyright Registration Online
Copyright may be a bundle of rights provided to an author of the work. All Literary, Musical, Dramatic, Artistic, Cinematographic Films and Sound Recordings are protected under copyright. Copyright comes into existence as soon as work is done, but it’s always advisable to urge a copyright registration to guard one’s original piece of creative work
Copyright Registration in India
There is a surge in the amount of intellectual property being registered in India due to an increase in awareness among people about intellectual property laws and the advancement of technology, allowing for online registration of many of the types of intellectual property being created. Protection of literary, dramatic, musical, and artistic works is granted under the copyright act by filing registration application; it is one of the ways to protect intellectual property.
Copyright could also be a right to make duplicate copy and delight given by the law to the originator of literary, dramatic, musical, artistic works and producers of cinematograph films and sound recordings. It is a bundle of rights that contains rights to reproduction, communication to the overall public, adaptation, and translation of the work. Copyright provides assurance towards the safeguard of the rights of ownership and captivates of the authors over their creations, thereby protecting and rewarding creativity.
Any work, namely literary, dramatic, musical, artistic work, cinematograph film, or audio recording, are often copyrighted. Copyrights are given in India in mainly three classes of labor, and every class has its own distinctive rights under the Copyright Act. Original literary, dramatic, musical, and artistic works are one class of labor that comprise of copyrights for books, music, painting, a sculpture, etc., Cinematograph films are another class of copyright which comprise of any work of recording of visual recording on any medium. Finally, sound recordings are a particular class under the copyright act consisting of a recording of sounds, no matter the medium on which such recording is formed or the tactic by which the sounds are produced.
A limited amount of copyright protection comes into existence as soon as a piece is made, and no formality is required to be completed for acquiring copyright. However, to prove ownership over copyright and to function prima-facie evidence within the court of law, works are often registered within the Register of Copyrights maintained within the Copyright Office of the Department of Education. To copyright registration application is to be made on Form IV during a requisite manner alongside the applicable fee. Both published and unpublished works are often copyrighted. Within the case of published work, three copies of the published work need to be presented alongside the appliance. Just in case of unpublished work, a replica of the manuscript has got to be sent alongside the appliance for affixing the stamp of the Copyright Office as proof of the work having been registered with the copyright department.
Copyright protection typically lasts for 60 years. Within the case of original literary, dramatic, musical, and artistic works, the Sixty years is accounted for from the year following the death of the original author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of state and works of international organizations, the sixty-year period is counted from the date of publication in public.
Process for Copyright Registration
Copyright registration is often obtained for both published and unpublished works. Copyright registration is often obtained by applying to the Copyright Office for registration of labor under copyright laws within the prescribed form alongside the required fee. Application for copyright registration must be made on “Form IV” alongside the “Statement of Particulars and Statement of Further Particulars”. Alongside the appliance, three copies of published work should be sent. If the work to be registered is unpublished, a replica of the manuscript has got to be sent alongside the appliance for affixing the stamp of the Copyright Office in proof of the work having been registered. just in case two copies of the manuscript are sent, one copy of an equivalent duly stamped is going to be returned, while the opposite is going to be retained, as far as possible, within the Copyright Office for record and can be kept confidential.
Copyright application is often signed and submitted by the Applicant or an Advocate in whose favor a vakalatnama or Power of Attorney has been executed by the Applicant. Just in case of an application by an Advocate, the facility of Attorney signed by the Applicant and accepted by the advocate should be enclosed with the application.
In case of registration of multiple works, separate applications should be made for registration of every work alongside the requisite fee.
Benefits of Copyright Registration
The following are a number of the important benefits of registering your work and availing copyright protection:
Copyright protection creates a record with the government and public of the ownership by the copyright holder.
Copyright protection enables the holder of the copyright to require action against infringers during a court.
If the action is taken before or within a particular period from the date of publication, it enables adequate evidence in court concerning the validity of the copyright and, therefore, the facts that are stated within the certificate of copyright.
If registration is formed within a brief span of your time the person’s work or at any time before the infringement of the copyrighted work, the copyright owner is permitted to say statutory damages during a supreme court. Without the method registration, only a gift associated with compensatory damages and profits are going to be made available, and these are often quite complicated to prove during a court of law.
Permits the copyright owner to record the registration with Indian Customs to assist in protection against the importation of infringing copies into India.
Copyright protection provides a really important motivation for the creation of several intellectual works. Barren of copyright protection, it might be simple for others to require advantage of those works without paying any royalties or remuneration to the title-holder of the work. Copyright, therefore, encourages an organization or individual and enables a cheering climate to motivate economic activity.
Copyright protection provides benefits within the kind of economic rights which entitles the creators to exercise control over the copy and utilization of their literary and artistic material in various ways like producing copies, performing publicly, broadcasting, use online/on the web, etc. and to avail an appropriate economic reward.
Copyright protection enables creators to be rewarded for his or her originality and venture, consequently.
Copyright also enables moral rights to be identified because the creator or the author of definite sorts of material (known because of the paternity right), and lift an objection to the distortion and mutilation of the proper. An author’s right to object to the difference or derogatory action in reference to his or her work is mentioned as an integrity right.
Registration and entitlement to copyright will display the validity of your copyright if it’s registered within a period of 5 years of publication. This will help avert future challenges to your works related rights.
- One can use, reuse, and reproduce the copies and may sell the copies of the work that’s copyrighted.
- One can deal with the imports or exports of the whole or a part of the work with copyright protection.
- One is free to create any derivative work from the copyrighted work.
- One can openly show/display his work with copyright protection.
- One can sell or expire the rights of the work to the opposite person with copyright protection.
- One can deal with transmitting or the display of labor by radio or video with copyright protection.
Copyright Protection Validity
Generally, copyright protection is valid for 60 years. Within the case of original literary, dramatic, musical and artistic works, the sixty-year period is counted from the year following the death of the author. Within the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of state and works of international organizations, the sixty-year period is counted from the date of publication.
Remedy for infringement of copyright
Copyright infringement of any work may be a criminal offense punishable under Section 63 of the Copyright Act. The minimum punishment for an infringement of copyright is imprisonment for 6 months with a minimum fine of Rs.50, 000/-. Also, just in case an infringement of copyright went on or happening or likely to happen, any policeman, not below the rank of a sub-inspector, may, if he’s satisfied, seize without a warrant, all copies of the work and every one plate used for the aim of creating infringing copies of the work.
Lawful Use of Copyrighted Work without Permission
The law under certain conditions allows the utilization of a registered work without the permission of the owner for research, study, criticism, review and news reporting, also because of the use of works in library and schools and within the legislatures. So as to guard the interests of users, some exemptions are prescribed in respect of specific uses of works enjoying copyright. a number of the exceptions are the uses of the work,
- for research or private study,
- for criticism or review,
for reporting current events, in notes to litigation, for presentation by an amateur club or society if the performance for a non-paying audience and the making of sound recordings of literary, dramatic, or musical works for not definite conditions.