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What is ‘Copyright’ and Copyright Registration?

A copyright is a valid right not to imitate someone’s work. A copyright offers the owner of the element an exclusive right over his work. Creators of ‘literary’, ‘dramatic’, ‘musical’ and ‘artistic’ works and ‘producers’ of cinematograph films and music voice recordings can obtain rights over their original work by obtaining copyright license on their efforts and works. Copyright prevents unapproved use of the original work and thus prevents and rewards creativity. A bundle of rights is given to the creators of giving rights of reproduction, communication to the public, adaptation, and translation of the work. Copyrights are guarded by “THE COPYRIGHT ACT, 1957” though there have numerous amendments to the act.

Copyright is distinct from a patent. While in a patent, ideas are protected, copyright shields the expression and not the designs. Hence, while there can be more than one idea, a copyright ensures that the outcome from such approach isn’t copied unless authorised. The duration of copyright in India is 60 years. Copyright can be taken for the following actions:

  • Music
  • Books
  • Manuscripts
  • Films
  • Fashion Designs
  • Training Manuals
  • Software
  • Literary Work
  • Performance
  • Paintings

The Registrar of Copyrights is divided into six categories:

Part A. Literary works other than computer Programs

Part B. Musical Works

Part C. Artistic Works

Part D. Cinematography Films

Part E. Sound Recording

Part F. Computer Programs, tables & Compilations

Factors to consider before you entrust

  • Copyright protects the original work of the creators from being replicated by others without authorization.
  • Only creators and authorized individuals can replicate the original work with no fear of copyright laws.
  • Original works in a tangible form can be protected under copyright laws.
  • It is not necessary to get copyright protection but always desirable to do so because it will give the master a certain set of minimum rights over his work and the assurance that no one will be able to copy his work for a minimum period of time. This happiness will always motivate the owner to do more work and create more items.
  • Copyright automatically becomes effective as soon as a work is created. There isn’t any formality to be completed for claiming copyright.
  • Unpublished work can also be registered for copyright, but for registering un-publishing work, a copy of the manuscript is also required to be sent with the application.

Benefits of Copyright Registration

  • Prima Facie Testimony

Copyright protection gives a prima facie evidence in case if the litigation arises. The proof is necessary to attest to anything in the court of law; consequently, copyright registration is beneficial for creators.

  • Protection Extended Even Later The Creators Death

Copyright’s assurance is not restricted up to the initial creators’ life span; its efficacy is longer than any other intelligent property. It is secured for the authors’ lifespan and 60 years after his/her death.

  • Public Record

When the registration of copyright is done, an authoritative public record is created that helps the imaginative creator to prove his ownership over the related copyright.

  • For Listing A Case For Invasion Or Infringement

An individual cannot sue for copyright violation unless he/she has recorded copyright. Certification gives the copyright holder the official right to file for infringement and demand for damages.

  • Guards Owner

Copyright registration provides exclusive rights to the creator of creative work. The author enjoys these rights over:

  • reproduction,
  • distribution,
  • adaptation,
  • dissemination,
  • and translation.
  • Brand Value

Copyright registration generates goodwill in the market, which works as a record of ownership and further can be used for the purpose of selling.

  • Copyright Functions As An Asset

After the Copyright Registration then it is considered as the intellectual property of the Owner. That is to tell; it works as indefinite assets hence can be further applied to gain monetary benefits.

Inclusivity of Owner’s Right

The rights beneath copyright law are divided into two main sets of rights:

Economic Rights: 

  • The Right To Procreate

This right enables the owner to sell, sell on hire, or make examples of the work.

  • The Right To Publish The Work To The Public

The copyright owner has the right to make the work convenient to the public, i.e. either exhibition, perform or distribute the work.

  • The Right To Modify And Translate The Work 

The owner can renew the work and reprint it in different forms or over a different medium.

  • Right To Demand Damages Upon Infringement

The owner has the power to prevent any individual from using the product without authorization.

Moral Rights:

  • The Right Of Paternity

The author has to prevent others from claiming any power over the copyright. The owner can decide and make arrangements for the work, whom to give rights under an assignment or licensing.

  • The Right Of Integrity

This is the right owner to prevent any damage or unauthorized alterations to work. And bar anything that can put the honour and reputation of the owner at risk.

Importance of Copyright Registration in today’s contentious Era

Initiating a string of not so recommended does not make a difference at all on the off chance that one has sought after on original thought. Actually, creating a misleading or counterfeited craftsmanship won’t give the kind of happiness what an initial attempt can.

Each ingenious inventor, artisan or a specialist is enthusiastic about preserving the uniqueness and originality of his innovation. On the off chance that you gladly have an oeuvre of your innovative works, for example, literary original copies, music compositions, playback records, 3D outlines, a PC program or a thesis, you may be troubled of societal risks, for example, bootlegging or adjustment of your work without your assent. As to cover every single such danger, the Indian Government has detailed different laws for the security of the Intellectual Property Rights. The Government checks the rupture of copyright through the Indian Copyright Act-1957.

Documents needed for Copyright Registration

  • Articles Of The Applicant

The designation, Address & Nationality of the Applicant (Certificate of Registration must provide for a body corporate)

  • Nature Of Interest

I.e. if the applicant is the original producer or a delegate of the creator

  • Details Of The Product

Sample & Description of the Work with URL Language of the Work

  • The Dates

The date when your creative work was first published

Sessions of Copyright

Copyright Board: Section 11 of the act presents for the corporation of the Copyright Board and allows Central Government to constitute the same consisting of Chairman and two separate organs. It has many necessary functions, such as:

  • Principality of disputes,
  • Grating of permits, etc
  • Copyright Permissions:

Chapter VI, including Sections 30-32B, deals with Grants and Licenses

  • Permits By Owners Of Copyright: 

Section 30 of the act provides the owner of the copyright in any existing work or the prospective owner of the copyright in any later work. It is to obtain any interest in the power by License in the making or writings.

  • Mandatory License Withheld From The Public:

Section 31 offers that if term of copyright in any Indian work which has been published in public, and a complaint is made to the Copyright Board regarding the refusal of owner’s interest in refused to republish or allow the reproduction of the work or has refused to allow the performance in public of the work.

  • Sanctioned License For The Programming Of Literary And Musical Performance And Sound Recording:

Section 31D provisions that any programming organization desirous of communicating to the public by way of a broadcast or employing representation of a literary or musical work and sound recording which has already have been published may do so subject to the fulfilment of designated conditions.

  • End Of License: 

Section 32B of the act, deals with the terminus of licenses. The License so granted shall be terminated if the owner of the copyright in the work or any person authorized by him publishes a translation of such action in the same language and which is essentially the same in content at a price reasonably related to the amount generally charged in India for the translation of works of the same standard on the same or similar subject,

  • Other Licenses can be by way of License in unpublished or published works, the benefit of disabled, etc
  • User Registration

Copyright registration commences with the user registration on the government’s website, and then the user will undergo a login ID and password.

  • Filling Up Of Application Form Of Copyright Registration

The Copyright registration application is made in form XIV. A prescribed fee has to be paid as per the second schedule of the regulations. Applicant must sign their petition and along with enclosing a power of attorney (if required). A power of attorney must be approved by the owner and motivated by the advocate.

  • Submission

After the application gets submitted, you will get an ‘acknowledgement number’ or a ‘diary number’. After approval, The whole process will consume your 2 to 3 months.

Copyright – Trademark – Patent

Governed Under The Copyright Act, 1957 Trade Marks Act, 1999 The Patents Act, 1970
Types Of Protection & Works Protection of original creative expressions like literary works, artistic works, dramatic works etc. Protection of unique name that makes a brand distinct from other. Can include name, slogans, logo, shape, colour etc. Protection of inventions that are novel, original and has industrial utility.
Validity And Reach Valid for life time of the author + 60 years after his/her death.Protection available in most of the countries in the world. Validity for 10 years can be made perpetual by renewing the trademark every 10 years. Territorial in nature to claim rights should be applied to each country individually. Validity for 20 years starting from the day the application is first made. It is also a territorial right and therefore it is effective only within the territory of India. Separate patents required to be filed for each country where protection is required.
Secures Copyright secures Creative or intellectual creations. Trademarks secure the branding under which products and services are sold. Patent secures inventions that are useful for the world and has some use.E.g. New invention in pharmaceutical industry.
Right Comes Into Existence Exclusive rights over the copyright are created the moment the authorship creates the work. Once the trademark gets registered the applicant of the mark can claim complete right over the said mark. Registration usually takes 12-18 months. Patent registration takes about 2-3 years in all. But the owner can stop anyone else from claiming right over a particular patent the moment he applies for provisional patent.
Provisional Application Requirement No provisional application required. Trademark registration does not include provisional application, but it requires a trademark search. A provisional application gets you 12 months of time to file a complete specification, and a priority date claim.
Symbolic Representation No symbolic representation to show registration. Used when registration is in process: ™Used when registration is complete: ® No symbolic representation to show registration.