Schedule Your Consultation Now

Documents Required for Copyright Registration

To ensure you have the particular criteria for your specific activity, it is imperative that you visit the Copyright Office's official website. Needs are subject to vary throughout time.

Essential Documents:

1. Application Form: Copyright Office Form XIV as specified.

2. Two Copies of Work: In the required format (such as a CD, PDF, etc.).

3. Fee Payment

4. Affidavit

5. Identity Proof

6. Proof of address

Additional Documents (Based on the Situation):

1. Certificate of No Objection (NOC)

2. Power of Attorney

3. Search Certificate

4. Additional Supporting documentation

Introduction

Copyright is a legal safeguard that is bestowed upon the creator of an original work, encompassing literary, dramatic, musical, artistic, and select other intellectual creations.

With this protection, the author is granted the sole authority to make copies of the original work, distribute it, perform it, exhibit it, and create derivative works based on it. The official procedure for registering your copyright with the relevant government agency is called Copyright Registration.

Key features of Copyright:

• Copyright protects the original expression of an idea, not the concept per se. This means that original works are protected.

• The owner of a copyright has the only authority to decide how their creations are utilized.

• The work's copyright protection is often only in place for a specific amount of time, after which it becomes public domain.

• A number of nations have copyright exceptions, such as fair use or fair dealing, which permit the restricted use of protected content without obtaining permission.

• Examples of copyrighted works: Novels Films, Software, Music, Paintings, Photos, Sculptures, and Architecture

What can you protect under Copyright? 

The Indian Copyright Act of 1957 classifies works that fall under the purview of copyright protection. The registration process takes these categories into account.

Six registration types are kept up to date by the Registrar of Copyrights:

• Literary Works: This category includes written works such as plays, articles, poems, novels, and computer programs.

• Musical Works: Composition with or without words..

• Artistic Creativity:Paintings, sculptures, sketches, photographs, and other creative works.

• Cinematograph Films: Audiovisual works, including films.

• Sound Recordings: Include speeches, music, and other noises.

• Software, Tables, and Compilations: Computer programs and data compilations.

Who can apply for Copyright registration?

In India, the following people or organizations may submit an application for copyright registration:

• The Author: This person was the work's original creator.

• The Owner of Original Work: The person or organization that is the one who has obtained copyright through assignment or transfer.

• The Holder of Copyright: This individual asserts possession of the copyright, however ownership is in question.

• Authorized Agent: An organization or individual who  has been granted permission by the writer or owner to submit a copyright registration application on their behalf.

Step By Step Procedure of Copyright Registration

1. Step 1: Determine Eligibility

• Make sure that the copyright laws in India apply to your work.

• Choose the appropriate genre (literary, musical, artistic, cinematographic, sound recording, or computer software) for your work.

2. Step 2: Gather the Required Records

• Assemble copies of your work in the necessary formats (MP3, PDF, etc.).

• Create an application form (Form XIV) in accordance with the Copyright Office's guidelines.

• Create an affidavit outlining the specifics of the task.

• Gather any supporting documentation, such as ownership or authorship certificates.

3. Step 3: Payment for Registration

• Based on the nature of the work, determine the suitable charge.[1] 

• Get the payment for the fee ready.

• Types of Works and Corresponding Fees

1. Literary, Dramatic, Musical, or Artistic Works: INR 500 per work.

2. Cinematograph Films: INR 5,000 per work.

3. Sound Recordings: INR 2,000 per work.

These fees are subject to change, and it's advisable to check the official website of the Copyright Office for the most current information.

4. Step 4: Send in your application

• Send the completed application to the Registrar of Copyrights along with the necessary paperwork and payment.

• You have the option to submit this physically or electronically.

5. Step 5: Review and Rebuttal (if any)

• The application will be reviewed by the Copyright Office to ensure accuracy and completeness.

• You will be informed of any objections and given the chance to address them.[2] 

• The Copyright Office will send a notice of objection if there are problems with your copyright application.

• After receiving the objection notice, you normally have 30 days to provide a written response that addresses the issues brought up.

6. Step 6: Hearings

• If necessary, the Copyright Office may occasionally call a hearing in order to provide clarification or obtain further data.

• Notification of Hearing: A notice with the hearing's date, time, and place will be sent to you or your Copyright attorney on record.

7. Step 7: Obtaining a Certificate and Registering

• A certificate and copyright registration will follow a successful examination.

• The certificate is evidence of ownership of the copyright.

Timeline for Copyright Registration

• Typically, the Copyright Registration Procedure takes 3 months to 1.5 years. The process proceeds more quickly since, unlike with patents and trademark registrations, the copyright office is not involved in any significant inspection. However, because of the volume of copyright applications submitted and the personnel size, the registration procedure typically takes roughly 10 months on an average.

Advantages of Copyright Registration.
Explore tailored solutions to secure your startup and MSME's legal needs.

Even though copyright protection is automatically granted when an original work is created, registration offers a number of important advantages:
Explore tailored solutions to secure your startup and MSME's legal needs.

1. Public Record: Establishing a public record of ownership through Proof of Ownership is essential in the event of infringement issues.

2. Enhanced Legal Remedies: In the event of infringement, offers access to statutory damages and legal fees.

3. Date of Creation Record: Provides proof of the creation date, which is crucial in establishing ownership.

4. International Protection: By means of international treaties, it makes it easier to safeguard your job abroad.[1]  Adopted in 1886, the Berne Convention is an International Treaty that deals with the protection of works and rights of the author.

5. Licensing and Commercialization: Enables effective licensing and commercialization of the copyrighted work is made possible by this.

6. Protection of Moral Rights: Preserves the author's right to be recognized as the work's originator and to protest any alterations made to it in some legal countries.

7. Public Awareness:Increases public knowledge of the ownership and copyright of the protected material.

Disadvantages of Copyright Registration
Explore tailored solutions to secure your startup and MSME's legal needs.

Just as there are advantages to registering Copyright, there are certain drawbacks to it as well, these are:
Explore tailored solutions to secure your startup and MSME's legal needs.

1. Cost: Copyright registration frequently entails a charge. But investing your money in this registration will provide one with a stronger legal standing in case of infringement. 

2. Time-consuming: The bureaucratic and time-consuming registration process can be encountered. Despite this tedious process, a person is guaranteed with longterm safeguard which is far more valuable.

3. No Protection Guarantee: Being registered does not provide complete defense against infringement. A registered copyright does not prevent infringement from happening. But a registered document will still enhance the ability to recover damages in case of infringement.

4. Illusion of Security: It can be dangerous to rely only on copyright registration without implementing additional safety precautions.But registration is the first step to providing a foundation for building a comprehensive intellectual property.

It's important to weigh the benefits and drawbacks of copyright registration carefully to determine if it is the right choice for your specific situation.

Time Lines

 It may take many6-18 months to complete the copyright registration process.

Under what’s convention? It’s Berne convention. Add a sentence to it

Post Registration Process

The following are the main steps in Post Copyright Registration Process:

1. Keeping Records: Preserving a copy of the certificate of copyright registration and all associated papers for future use.
2. Monitoring for Infringement: Consistently keeping an eye out for any improper usage of the protected material. Take a watch service from your copyright lawyer to have a keen eye for any copyright violations.
   Explore tailored solutions to secure your startup and MSME's legal needs.
3. Enforcing copyright: Involves filing a lawsuit if there is proof of violation. This could entail bringing legal action or delivering cease and desist letters.
4. Licensing: If desired, look into licensing options for the copyrighted material.

India does not have a copyright renewal procedure that is required, in contrast to several other nations. Once registered, the author's lifetime plus an additional 60 years is usually covered by the copyright in case of  literary, dramatic, musical, and artistic works. Whereas in case of cinematographic films, sound recordings, photographs, posthumous works, anonymous and pseudonymous works, and works of government copyright is covered for 60 years from the year of first publication.

Mistakes to Avoid while Registering Copyright

You can improve your chances of a seamless and fruitful copyright registration procedure by avoiding these typical errors. The following are some typical errors made by individuals when registering their copyrights:

1. Inaccurate or Deficient Data

• Giving false or insufficient information regarding the work. Not providing the required supporting documentation. Wrongly categorizing the kind of work.

2. Timing Concerns

• Delaying registration could have an impact on the ownership claim in the event of a dispute. Failing to submit the application or pay the fees by the deadline.

3. Technical Mistakes

• Submitting applications that contain formatting, punctuation, or spelling mistakes. Completing forms incorrectly or giving false contact details.

4. Ignoring Crucial Information

• Disregarding the possibility that, if filing through a representative, a power of attorney may be required. Failing to preserve copies of all registration paperwork for future use

Comparison of Copyright with Patent and Design

Interesting Facts

• R.G. Anand v. M/s Delhi Cloth & General Mills Co. Ltd.

The playwright R.G. Anand claimed that the defendant, a textile firm, had violated his copyright by adapting his play "Hum Dono" into a movie called "Aarti." The Supreme Court ruled that artistic, theatrical, musical, and literary works are all protected by copyright. The Court created the "substantial similarity" standard, which states that even with minor modifications, infringement occurs when the core of the work is replicated. In this instance, the Court determined that there was infringement because of the play and the movie's striking similarities.

• Ratna Sagar Pvt. Ltd. v. Trisea Publications and Ors.

Ratna Sagar Pvt. Ltd. was a publisher of educational books, including the "Living Science" series. Trisea Publications allegedly published similar books titled "Unique Science," which Ratna Sagar claimed infringed upon their copyright. The court dismissed Ratna Sagar's claim, stating that the subject matter of the books (science for children) was common to all and drew from common sources. The court emphasized that copyright protects the expression of ideas, not the ideas themselves.

• Soya Private Limited vs. Narayani Trading Company

Soya Private Limited sued Narayani Trading Company for copyright infringement after the latter used their protected artwork on packing goods. Because Soya Private Limited had not registered its copyright with the Copyright Office, Narayani Trading Company claimed that the copyright was invalid. The Bombay High Court dismissed the Narayani Trading Company's claim, holding that original works are always protected by copyright regardless of registration. The court made it clear that registration does not grant copyright protection; rather, it is only a helpful tool.

• Vodafone Idea Limited v. The Indian Performing Right Society Ltd.

Telecommunications businesses cannot use copyrighted information without the appropriate permission, according to a ruling by the Calcutta High Court. Vodafone was discovered to have used caller songs in this particular instance without getting the required permits from the copyright owners. The court stressed the necessity for telecommunications firms to respect intellectual property rights as well as the financial impact that such unlawful use has on copyright holders.

Why should you hire a Legal Professional while Registering your Copyright

Although copyright protection is automatically applicable upon creation, obtaining legal counsel for copyright registration can expedite the procedure and yield several benefits.

The principal legal services in question are as follows:
Explore tailored solutions to secure your startup and MSME's legal needs.

1. Essential Legal Services
   Explore tailored solutions to secure your startup and MSME's legal needs.

• Copyright assessment: Choosing the relevant category and judging if a work qualifies for copyright protection.

• Assistance with the preparation of the paperwork required for copyright registration, such as copies of the work, affidavits, and application forms.

• Advice for the Registration Process: Handling the intricate copyright registration procedure, which includes filing, paying the fee, and communicating with the copyright office.

• Handling of Objections: Responding to any objections made by the copyright office and making the required changes.

• Certificate Verification: Verifying the authenticity and accuracy of the copyright certificate that has been issued.

2. Additional Legal Services
   Explore tailored solutions to secure your startup and MSME's legal needs.

• Infringement Analysis: Analyzing possible copyright infringement and offering legal counsel on possible enforcement measures.

• Contract negotiation and licensing: Helping to draft agreements and licenses pertaining to copyright.

• Dispute Resolution: Representing clients in copyright infringement cases or arbitration hearings.

One can improve their chances of a successful copyright registration and successfully defend your intellectual property rights by working with a legal expert.