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Our copyright registration service protects your original creations—whether literary, artistic, musical, or digital—by securing exclusive rights for reproduction, distribution, and display. We handle the entire registration process, ensuring compliance with copyright laws and safeguarding your intellectual property from infringement, preserving its value and your creative rights.
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Copyright is a legal entitlement granted to the owner of intellectual property. As the name suggests, it deals with the permission to copy or recreate a creative work. In essence, copyright designates the ownership rights that are acquired by the creator of an intellectual work. This indicates that the sole authority to copy or make use of that work belongs to the creator or those they have given permission to. For a certain amount of time, the original producers of a work have the only right to use or duplicate it according to copyright laws. The work that is protected by copyright may eventually come into public domain.
Copyright registration provides legal protection for original works of authorship, including literary, artistic, musical, and other creative works. In India, copyright protection arises automatically upon the creation of the work, but registration offers additional benefits. To register a copyright, the applicant must submit an application form along with copies of the work and the prescribed fee to the Copyright Office. Once registered, the copyright owner gains exclusive rights to reproduce, distribute, perform, and display the work, as well as the ability to enforce those rights in court. Registration also serves as prima facie evidence of ownership and validity, facilitating legal proceedings and licensing. However, it’s essential to note that certain categories of works, such as titles, names, slogans, and ideas, are not eligible for copyright protection.
Therefore, it can be concluded that registering a copyright is a crucial step in defending the legal rights of authors and owners of original works. In addition to giving the owner the ability to sue for infringement, it creates a public record of the copyright claim and can offer substantial financial incentives to owners and creators for copyright registration.It also serves to keep others from asserting that they are the legitimate owners of the copyright, and it may be necessary before a court in an infringement lawsuit will provide specific remedies, including an injunction. Therefore, in order to guarantee that their rights are upheld, authors and owners ought to think about registering their copyrights.
You can copyright original works of authorship, which include literary, artistic, musical, and other creative works. This encompasses a wide range of creations such as books, poems, articles, paintings, sculptures, musical compositions, songs, movies, computer software, and architectural designs. Essentially, any tangible expression of an idea fixed in a tangible medium is eligible for copyright protection, provided it meets the criteria of originality and creativity. However, it’s important to note that copyright does not protect ideas, facts, systems, or methods of operation, but rather the original expression of those ideas.
Because they preserve the rights of the original producers of the work, copyrights foster an environment that encourages creation. The Copyrights Act covers a wide range of work kinds. The various kinds of copyrights that are available in India are as follows.
1. Literary Works
Works that incorporate the original or distinctive creation of literature are covered by copyrights under this category. These literary creations can take the shape of technical books, programs, biographies, novels, scripts, theses, and theses. It is possible to assert the copyrights to them regardless of the work’s literary value, style, or caliber.
Exclusive rights are granted by literary work copyright.
2. Musical Works
Original musical compositions are protected by copyright. Lyrics and sound are absent from musical compositions. Although the work pertaining to sound recordings is typically dependent on the musical works, a separate application must be made to the Copyright Office for the protection of musical works. For a musical work to be protected by copyright, it need not be written down.
Exclusive rights are granted by the copyright for songs in India under musical works.
3. Dramatic Works
This is a type of literary work as well. It covers any kind of rehearsal for a play that will be performed as well as acting, choreography, stupid show entertainment, and set writing assignments. However, cinematographic films of any kind are not included in dramatic works.
Exclusive rights are granted by the dramatic work copyright.
4. Cinematograph Films
Cinematographic films often feature every piece of recorded motion picture and visual art. It is any work that combines sound and visual records and is created using any method, digital or analog, and includes video footage. Any format for visual recordings as well as any technique for maintaining them could fall under this category.
The exclusive rights under the copyright of cinematograph film work
5. Sound Recording
Any kind of recording, stored on any kind of media, shall be included in the sound recording. It could be any song, podcast, or recorded audio that features a singer’s voice, whether or not there is music. Since music is also included in sound recordings, the inventor or composer of the music must get authorization in order to safeguard the sound recording’s copyright.
Copyright protection for sound recordings grants exclusive rights.
6. Artistic Works
The protection of original artwork, such as paintings, photographs, buildings, schematics, cartoons, molds, blueprints, etchings, casts for sculptures, graphics, and drawings, is provided by the Copyright Act of 1957 for such artistic works.
Exclusive rights are granted by the copyright under creative works
For inventors and owners of intellectual property, copyright registration provides a number of benefits, such as the following:
The copyright symbol, represented by ©, is used to indicate that a work is protected by copyright law. It serves as a notice to the public that the work is copyrighted and that the owner holds exclusive rights to reproduce, distribute, perform, and display the work. The symbol is typically accompanied by the copyright owner’s name and the year of first publication. While the use of the copyright symbol is not required for copyright protection, it can serve as a deterrent to potential infringers and may strengthen the owner’s position in legal disputes. Additionally, it helps users identify the copyright owner and seek permission for lawful use of the work.
Basic requirements for copyright registration in India include originality, fixation, creativity, authorship, title and description clarity, documentation of creation date and place, disclosure of author’s identity, declaration of rights and permissions, and adherence to formalities. These prerequisites ensure that the work is genuinely original, fixed in a tangible form, displays creativity, identifies its author, describes its content accurately, documents its creation details, discloses the author’s identity, specifies any associated rights or permissions, and complies with the copyright application process and fee submission. Fulfilling these criteria allows creators to initiate the copyright registration process and protect their intellectual property rights effectively.
Here’s how you can do it under the Indian Copyright Act, 1957:
Step 1: Submit an application
During the initial phase:
For example, there is an application price of INR 500 to register the copyright for an artistic work, and an INR 5000 fee to register the copyright for a cinematograph film. The application fees are in the range of INR 5000–40000. Payment options include e-payment or demand drafts (DD) or Indian postal orders (IPOs) made payable to the Registrar of Copyright Payable in New Delhi. All necessary supporting documentation must be submitted with this application.Upon completion of this phase, the applicant will receive a dairy number from the registrar.
Step 2: Examination
The copyright application is examined in the following phase.
After the issuance of the dairy number, a minimum 30-day waiting time applies. The application is reviewed by the copyright examiner during this time. This waiting period allows for the raising and consideration of concerns. Here, the procedure is split into two parts:
Step 3: Registration
This process’s last phase is known as registration. The registrar may request extra papers in this step. After being fully satisfied with the applicant’s copyright claim, the Registrar of Copyrights will issue a certificate of registration and insert the copyright’s details into the copyright register.
The process registration of copyright completes when the applicant is issued the Extracts of the Register of Copyrights (ROC).
Below are the Documents required for Copyright based on the Type of Work:
Artistic
1. Two Soft copies of work
2. Demand Draft
3. NOC (No Objection Certificate) from author / Applicant.
4. NOC from publisher (if work published and publisher is different from applicant)
5. Search Certificate issued by Registrar of Trademarks
6. NOC from person whose photograph appears on the work
Cinematograph Film
1. Two Soft copies of work
2. Demand Draft
3. NOC from Various Copyright Holders / Agreement Copy
4. NOC from publisher (if work published and publisher is different from applicant)
Music
1. Two Soft copies of work
2. Demand Draft
3. NOC from Publisher (if work published and publisher is different from applicant)
4. NOC from Author (if applicant is other than author)
Literary/Dramatic
1. Two Soft copies of work
2. Demand Draft
3. NOC from Publisher (if work published and publisher is different from applicant)
4. NOC from Author (if applicant is other than author)
Sound Recording
1. Two Soft copies of work
2. Demand Draft
3. NOC from Various Copyright Holders / Agreement Copy
4. NOC from publisher (if work published and publisher is different from applicant)
Software
1. Two Soft copies of work
2. Source code and object code of work for verification
3. Demand Draft
4. NOC from Publisher (if work published and publisher is different from applicant)
5. NOC from Author (if applicant is other than author)
Copyright law grants creators a bundle of exclusive rights, ensuring they have control over their original works and can benefit from their creations. These rights are vital for protecting intellectual property and fostering creativity in various fields, from literature and music to art and software development. Let’s delve into each of these rights and their significance in the realm of copyright law.
Reproduction: This foundational right grants copyright owners the exclusive authority to reproduce their work in any form. Whether it’s making physical copies, recordings, or digital downloads, creators have the sole right to duplicate their creations. Reproduction encompasses various mediums, including books, music albums, films, and software programs. This right is crucial as it enables creators to safeguard their works from unauthorized copying or replication, preserving their economic interests and ensuring they receive appropriate compensation for their efforts.
Distribution: Copyright holders retain the power to control how their work is disseminated to the public. Whether through traditional channels like physical copies or modern platforms like digital downloads, creators dictate the terms of distribution. By exercising this right, creators can manage the availability and accessibility of their works, ensuring they reach audiences in ways that align with their creative vision and business objectives. Distribution rights are fundamental for creators to monetize their works and maintain control over their market presence.
Public Performance: This right empowers copyright owners to regulate public performances of their works. Whether it’s a live concert, a theatrical production, a broadcast on radio or television, or an online streaming session, creators have the exclusive authority to authorize or prohibit public presentations of their works. Public performance rights are essential for artists, musicians, filmmakers, and other creators as they enable them to manage how their works are showcased to audiences, protecting their artistic integrity and potential revenue streams.
Derivative Works: Copyright owners have the prerogative to create derivative works based on their original creations. This encompasses adaptations, translations, remixes, and other transformative works that build upon the original material. Derivative works often expand the reach and appeal of the original creation, fostering innovation and creativity in various artistic and cultural domains. By controlling the creation of derivative works, copyright holders can ensure that their intellectual property is respected and that they retain influence over how their works are reimagined and repurposed by others.
Display: Copyright holders have the authority to control the public display of their works, whether in physical or digital form. This includes exhibiting artworks in galleries, showcasing films in theaters, or presenting content on websites and digital platforms. Display rights are crucial for artists, photographers, designers, and other creators as they enable them to manage the presentation and dissemination of their visual and multimedia works, preserving their artistic vision and professional reputation.
Publicity: Creators have the right to control the commercial use of their works, including their use in advertisements, promotions, or endorsements. Publicity rights allow copyright owners to safeguard their works from unauthorized commercial exploitation, ensuring that their creations are not used to endorse products or services without their consent. This right is particularly significant for celebrities, influencers, and other public figures whose identities and personas are closely linked to their creative works.
Moral Rights: In addition to economic rights, copyright law recognizes certain moral rights that protect the personal and reputational interests of creators. These rights include the right to be attributed as the author of the work (the right of paternity) and the right to object to any derogatory treatment of the work that could harm the creator’s reputation (the right of integrity). Moral rights are integral to preserving the dignity and integrity of creative works and ensuring that creators are properly acknowledged and respected for their contributions to culture and society.
Copyright protection in India lasts for different durations depending on the type of work and the circumstances of its creation. Here’s an overview:
Literary, Dramatic, Musical, and Artistic Works: Copyright protection for these works lasts for the lifetime of the author plus an additional 60 years from the year following the author’s death. In the case of joint authorship, the protection lasts for 60 years from the death of the last surviving author.
Cinematograph Films: Copyright protection for cinematograph films lasts for 60 years from the year following the date of publication. If the film is unpublished, the protection lasts for 60 years from the year following its creation.
Sound Recordings: Copyright protection for sound recordings lasts for 60 years from the year following the date of publication. If the recording is unpublished, the protection lasts for 60 years from the year following its creation.
Broadcasts: Copyright protection for broadcasts lasts for 25 years from the year following the first broadcast.
Anonymous and Pseudonymous Works: Copyright protection for anonymous or pseudonymous works lasts for 60 years from the year following the date of publication. If the author’s identity is revealed during this period, the protection extends to the author’s lifetime plus 60 years.
Posthumous Works: Copyright protection for works published posthumously lasts for 60 years from the year following the date of publication.
An author or creator of an original work, or any person or entity to whom the author has transferred the copyright, can apply for copyright registration. This includes individuals, groups, organizations, or legal entities that hold the rights to the work. If the author is deceased, the legal representatives of the author’s estate can also apply for copyright on their behalf. Additionally, licensees or assignees of copyright can seek registration for the works they have been granted rights to.
To find out the status of a copyright application, simply follow these steps:
Step 1: Go to the portal https://copyright.gov.in/
Step 2: If you have submitted an online copyright application:
Step 3: If you have filed the application through offline mode:
Follow these methods to swiftly check the status of your application.
It’s essential to be informed about the progress of your application in order to ensure an easy and efficient registration process.
Copyright registration serves as a legal backup for original works of authorship, providing creators with protection against unauthorized use or infringement. The process involves several steps, both online and offline.
Step 1: Filing Copyright Application You can initiate the copyright registration process either online or offline. Online filing has become more accessible and convenient for applicants. Online Procedure:
Offline Procedure:
Step 2: Examination of the Application Following submission, all applications undergo a mandatory waiting period of 30 days, during which objections can be raised.
Step 3: Registration Upon resolution of objections, the copyright officer issues a certificate of registration, typically within four to five months. The process duration is subject to the copyright office’s decision. Throughout the process, applicants can check the status of their copyright application via the copyright portal.
This streamlined process ensures that creators can safeguard their original works effectively. By following these steps, creators can secure legal protection for their creative endeavors, fostering a conducive environment for innovation and creativity.
This comprehensive explanation breaks down the copyright registration process into digestible steps, ensuring clarity and accessibility for all creators seeking legal protection for their original works in India.
S.No. | For an application for COMPULSORY LICENSE : | Fee |
1. | For a license to republish a Literary, Dramatic, Musical or Artistic work (Sections 31, 31A,31B* and 32A) | Rs. 5,000/- per work |
2. | For a license to communicate any work to the public by Broadcast(Section 31(1)(b)) | Rs. 40,000/- per applicant/per sataton |
3. | For the license to republish a Cinematograph Film (Section 31) | Rs. 15,000/- per work |
4. | For a license to republish a sound recording (Section 31) | Rs. 10,000/- per work |
5. | For a license to perform any work in public (Section 31) | Rs. 5,000/- per work |
6. | For a license to publish or communicate to the public the work or translation (Section 31A) | Rs. 5,000/- per work |
7. | For a license to publish any work in any format valid for the person with a disability (Section 31 B) | Rs. 2,000/- per work |
8. | For an application for a license to produce and publish a translation of a Literary or Dramatic work in any Language (Section 32 & 32-A ) | Rs. 5,000/- per work |
9. | For an application for registration or Copyright in a: | |
(a)Literary, Dramatic, Musical or Artistic work | Rs. 500/- per work | |
(b)Provided that in respect of a Literary or Artistic work which is used or is capable of being used about any goods or services (Section 45) | Rs. 2,000/- per work | |
10. | For an application for change in particulars of Copyright entered in the Register of Copyrights in respect of a: | |
(a)Literary, Dramatic, Musical or Artistic work | Rs. 200/- per work | |
(b)Provided that in respect of a literary or Artistic work which is used or is capable of being used to any goods or services (Section 45) | Rs. 1,000/- per work | |
11. | For an application for registration of Copyright in a Cinematograph Film (Section 45) | Rs. 5,000/- per work |
12. | For an application for registration of change in particulars of Copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45) | Rs. 2,000/- per work |
13. | For an application for registration of Copyright in a Sound Recording (Section 45) | Rs. 2,000/- per work |
14. | For an application for registration of changes in particulars of Copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45) | Rs. 1,000/- per work |
15. | For taking extracts from the indexes (Section 47) | Rs. 500/- per work |
16. | For taking extracts from the Register of Copyrights (Section 47). | Rs. 500/- per work |
17. | For a certified copy of an extract from the Register of Copyrights of the indexes (Section 47) | Rs. 500/- per copy |
18. | For a certified copy of any other public document in the custody of the Register of Copyright or Secretary of the Copyright Board | Rs. 500/- per Copy |
19. | For an application for prevention of importation of infringing copies (Section 53) per place of entry | Rs. 1,200/- per work |
Copyright objections in India can arise during the registration process or after copyright has been granted. Here’s an overview:
During Registration:
Third-Party Objections: Any third party can raise objections within the mandatory waiting period of 30 days after the copyright application is filed. The copyright office then notifies both parties and conducts a hearing where arguments are presented.
Discrepancy Examination: If no objections are raised, the copyright office examines the application for any discrepancies. If discrepancies are found, a letter of discrepancy is issued, and the applicant must respond. A hearing may be conducted to resolve the issue.
After Registration:
Infringement Claims: After copyright registration, objections may arise in the form of infringement claims. If someone believes their copyright has been infringed upon, they can file a complaint with the appropriate legal authority.
Ownership Disputes: Disputes over copyright ownership may also lead to objections. If multiple parties claim ownership of the same work, legal proceedings may ensue to determine the rightful owner.
Derogatory Treatment: Copyright owners may object to any derogatory treatment of their work that could harm their reputation. This includes unauthorized modifications or distortions of the original work.
Resolving Objections:
Legal Proceedings: Objections may lead to legal proceedings where both parties present their arguments and evidence. The copyright office or a court of law will then make a decision based on the merits of the case.
Settlements: In some cases, parties may choose to settle objections through negotiation or mediation. This can involve reaching a mutual agreement on the use or ownership of the copyrighted work.
Appeals: If parties are dissatisfied with the outcome of the objection process, they may have the option to appeal the decision to a higher authority, such as an appellate board or court.
Copyright protection includes Literature, Drama, Music, Book, Art, Imagery, Graphic Design, Sculpture, Architecture, Choreography, Pantomime, Painting, Film, Computer Programme, Database, Advertisement, Map, Drawing, Motion Picture, and Sound Recording and alike.
A trademark application requires a minimum of 18-24 months to get approval if the application is accepted without any opposition or objection. However, if any opposition or objection is raised against the application, it might take more than 24 months to approve your trademark application . However, the trademark application number is usually issued within one or 2 days after filing.
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