In India, Copyright registration is regulated under the Copyright registration Act, 1957. In a general perspective, copyright is considered pivotal and an absolute right provided by the law to divergent categories like the architect of cinematography films, authors, musical entirety, originator of artistic works and sound recording etc. It is considered as a bundle of rights subsisting for reworking, privilege for recreation, work rendition and transmitting to the public in general and society at large. By the sort of registration, one become legally capable to hold rights in respect of their work performed. No one shall be allowed for the usage of identical work or invention without the consultation of the actual proprietor. Copyright registration safeguards the inventor’s right from Copyright infringement. It renders guardianship officially due to which no unauthorised person can abuse the labour in any direction without acquiring the proprietor’s authorization. Copyright registration will provide protection that will consistently last for sixty years.
Copyright registration renders various benefits which are as follows:
The copyright registration aid in the development of public records for the work accomplished by the individual. Through public record the proprietor’s work is duly protected from infringement and thereby any outsider shall be prevented from the usage of the work unless due consultation and permission has been obtained from the actual proprietor.
The copyright which has been registered will act as legal evidence for the composer of written work or inventor. It restricts the work from corollary thereby used as evidence for ownership before any court or tribunal.
The copyright which has been registered pave way for the proprietor to file a suit before the court for infringement and to take appropriate legal action against the infringer.
For example, A person trading the photocopy of any particular work without the due consent of the proprietor will amount to infringement.
In India economic benefit is available for the copyright which has been registered. The benefit will be rendered in respect of the work such as public accomplishment, the transmission of work, preparing copies etc., Moreover the phrase “Economic Benefit” depicts the getting of pertinent fee or premium for the usage of work.
The copyright registration enables only the proprietor of the work to modify the form of work.
For example, Copyright that has been registered allows the proprietor to amend, bring up to date or create a sequence of the task performed.
A properly registered copyright will facilitate the proprietor to auction/cross/alienate the right of their work to some other person.
The following are the different categories of work that are considered as duly capable for copyright registration in India. They are as follows:
Work-related to Music;
Films which are cinematography in nature;
Work of Literacy that involves published documents and manuscripts;
Fashion Architecture;
Accomplishments;
Work of Artistic like a landscape;
Webpage;
Newscast on Television and Radio;
Advertised Program;
Computer software is inclusive of computer programs and assortment.
But howsoever it is appropriate to state that copyright will not safeguard ideas & concepts, slogans, names, titles, etc.
Copyright registration will render the following significance to the proprietor:
Registered copyright will evolve as significant evidence in the eyes of law when any issues of infringement arise. It also endowed the proprietor the right to sue against copyright infringement and corollary.
When the copyright is a registered one, it will automatically create a positive attitude in the minds of the consumers thereby developing goodwill in respect to the quality.
The copyright when it is registered it will safeguard the right of the owner even after their death. In Intellectual property, the validity of the copyright is paramount in comparison with others. It will valid for sixty years even after the death of the actual creator.
The registered copyright will hold prima facie evidence before the courts and tribunals and establish benefits to the proprietor at large.
When the copyright is duly registered, then the same can be explored across the globe thus making the proprietor get known to a vast extent.
As copyright registration render the paramount and significant right to the proprietor, it prevents the unlawful reproduction of work.
Copyright is considered as the pillar for Intellectual Property Rights. It is also capable of trade, franchise and getting engaged commercially.
A registered copyright, as it creates positive attitude in the consumer’s mind it will also upsurge the credibility of the market in respect of specific work or accomplishment and thereby safeguard the work from being infringed by some other people.
The copyright which is registered in India will reap the benefit of protection, privileges and rights also in abroad.
To acquire the registration of copyright, the following document and eligibility criteria must be fulfilled:
The documents are:
Identity proof of the candidate which includes name, address and nationality;
No Objection certificate from the publisher to be obtained if the applicant and publisher are found to be two divergent individuals;
Search Certificate need to obtained from Trademark office;
No objection certificate from the individual whose photograph is displayed on the work;
General power of attorney;
Two photocopies of the task which shall be in the form of book or source code in compact disc;
Know your customer details of the proprietor.
The eligibility criteria should be as follows:
In a common scenario, copyright is granted to work relating to art, drama, films, literature and music. It is usually granted to three categories of work and all three classes have their unique right under the act;
Work involving art, music, drama and literature encompasses the copyright for music, sculpture, books and painting, etc.;
Films that are cinematography are some other categories of copyright that encompass any task that is visually recorded on any platform;
Finally, sound recording yet another unique category falls under the copyright act that encompasses the act of one that record sound, unconcerned of the average upon which the recording is being made or the methodology by which the vibrant is being composed.
The copyright shall be registered irrespective of being the work gets published or not. The application shall be filed in Form IV. For published work, an application shall be filed by attaching three copies of the published work. On the other hand, the unpublished work shall get registered by applying by attaching along with the manuscript of the work which necessitated the stamp fixation of the copyright office which will be an evidentiary value of the work being registered.
The following is the step-by-step process for copyright being registered in India:
The copyright registration shall be filed in the concerned application form which stipulates the specific work. As per the category of the work, a separate application shall be filed;
The applicant needs to affix their signature in the application form and the Advocate must make sure that the application has adhered with the Power of Attorney;
Once the application is submitted online, a diary number will be generated;
The copyright examiner will verify the application for possible reluctance or some sort of disparity within thirty days from the filing of the application for registration;
In case if there raise any objection, then notice shall be served and the same has to be meted out within thirty days from the date of serving of notice. Thereafter the examiner shall call both the individuals for hearing;
After the removal of disparity or if there exists no objection, then the copyright will be duly registered and finally the registration certificate shall be issued by the Copyright office
The following is the validity criteria for copyright registration for published and unpublished works in India:
The copyright registration will be validated up to the lifetime of the inventor or artist of their copyright work. i.e., 70+ years
The copyright registration will be valid till the task gets the first broadcast to the life expectancy of the inventor or artist. i.e., 70+ years.
Copyright Infringement is considered a criminal offence under Section 63 of the Copyright Act, 1957. The offence shall be penalized with imprisonment for six months and with a minimum fine of amount Rs. 50,000/-. In a scenario which depicts that copyright has already occurred or which is about to happen, then any police officer not below the rank of sub-inspector if he gets contented shall seize despite not having any warrant of entire copies and anodize of work that is put to usage for preparing to breach the copies of work.
Compliance Calendar LLP aid in copyright registration to a great extent. It first gives information to the enterprise about the importance of copyright registration. It also analyses whether the copyright is legally valid before the eye of law. Further, it protects the copyright from infringement by rendering the significance of copyright registration paramount. CCL also verify all compliance relating to the copyright registration process are duly meted out.
Compliance Calendar LLP analyse the significance of copyright registration. It educates the entity regarding the consequences if the copyright has not been registered. CCL also inform about the right held by the entity when the copyright is duly registered. It gives compliance due to which the adverse effect of infringement can be prevented largely. Compliance Calendar LLP render legal protection to the copyright thereby preventing infringement by due registration. For more information, visit https://www.compliancecalendar.in/copyright-registration or email us at info@ccoffice.in or WhatsApp/Call at 9988424211