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Copyright Registration Process
Introduction to
Copyright Registration
For creators, copyright registration is crucial as it permits them to obtain legal protection regarding their novel ideas. Copyright is applicable to all types of people whether you are an artist, an author, a filmmaker, or a developer of an application. In India, copyrights are regulated under the Copyrights Act of 1957 which gives such owners a monopoly over the reproduction, importation, and sale of their work.
The existence and protection of copyright begins as soon as an owner makes a work and translates it into a physical form for example a book or music. But registering a copyright actually gives you more legal benefits like you can sue someone if they infringe your copyright and prove ownership of your work. So in this article, we shall identify the important aspects of copyright registration, its features, steps and documents required, common mistakes, among many other things.
Importance of
Copyright Registration
Legal Protection
Registration of a work under copyright would serve as evidence that it belongs to the author and provide them with legal protection.
Provides branding and goodwill to the owner
A copyright certificate allows the maker and marketer to market their work and build a brand through the quality and reputation of their work.
Provides Licensing Right to the owner
The owner of the copyright has the right to grant licenses to others easily. Licensors and licensees execute a licensing agreement only when sufficient proof that the work belongs to the licensor.
Provides remuneration and royalty to the owner
If the protected work is translated, adapted, or edited, the owner is entitled to remuneration or royalties over translation, adaptation, or editing. A relevant example is the music industry and YouTube, where content is copied, or songs are used and remixed, or videos are made using the music.
Works protected under
copyright registration
Literary Work
Literary works include but are not limited to textbooks, poems, magazines, catalogues, computer programmes, letters, novels, dissertations, lyrics of songs, etc.
Artistic Work
Any original artwork, including painting, sculpture, graphic, cartoon, etching, lithograph, photography, drawings, maps, diagrams, charts, architecture, models of buildings, moulds for sculptures, will be subject to copyright.
Cinematograph Film
“Cinematograph film” means any work of visual recording and includes a sound recording accompanying such visual recording, and “cinematograph” shall be construed as having any work produced by any process analogous to cinematography, including video films.
Dramatic Work
Dramatic works are also literary works, including pieces for recitation, theatrical arrangements, choreography, dumb shows, scenic designs, or performances based on fixed writing work. However, cinematographic films are not included.
Music Work
Musical works consist only of music and do not contain any lyrics or sound/voice. While the music work influences the sound recording work, a separate application must move with both musical work and sound recording to protect the work. To make a sound recording, the author must first obtain the permission of the music work’s author.
Sound Recording
Sound recordings include songs with or without music, a recording of a speech or audio, or podcasts. Any work that records sound, regardless of the medium on which it is stored, is included here. In cases where the sound recording also has music, the music author’s permission must be sought.
Steps for
Copyright Registration in India
Prepare the Application
- Type of work must be identified. e.g.: literature, visual arts, music, etc.
- Relevant documents must include a copy of the body of work, necessary proof and all other details.
Filing
- A request to the Indian copyright office, either by online https://copyright.gov.in/ or via post, using the respective application/request form.
- Depending on the work done, the associated charges must be paid.
Verification and Validity of the Work by the Registrar
- The respective office ensures all valid documents are provided.
- Should there be no issues, work proceeds to the next step.
Publication in the Gazette
The application is published in the journal of copyright office, where the application makes for an objection that a third entity may have.
Copyright Grant
Once it has been determined that no objections have been raised post the thirty working day delay of the application, the registrar dispenses a certificate of registration and grants the copyright.
When You Should and Should Not
Register for Copyright
When You Should Register
Commercial Use
If it is a marketable item in the work, obtaining a copyright registration protects against infringement by law.
Avoiding Ownership Conflicts
A registration is a public record of ownership of the work, which is helpful during times of ownership conflict.
Litigation Readiness
Copyright-registered work can be produced as evidence of ownership during the filing of an infringement case in the court.
When You Should Not Register
Intangible Works
Ideas, concepts, or unrecorded performances are simply not eligible for Copyright.
Work in Progress
In an instance where the product is in draft stages or is prone to change, then getting registered too soon can be a bad idea.
Objection and Discrepancy in
Copyright Registration
A Discrepancy in Copyright Registration:
A discrepancy in this context means an error committed by the applicant, either in the copyright application or accompanying documents, which involves procedural or clerical errors. Discrepancy, in general, originates from slight errors that are ineligible for copyright and require revision to allow the application to move forward.
Common Causes of Discrepancies
Incomplete Application Form
These are failures to provide important information such as their work address and work category.
Incorrect Documentation
This arises when some documents are either not valid or do not match (e.g., wrong ID proofs).
Fee Payment Issues
This is insufficient or non-payment of the prescribed registration fees.
Mismatch in Details
There are differences between the application form and the actual documents submitted.
Technical Error in Submission
These are hindrances to uploading documents to the Copyright Office portal.
How to Resolve Discrepancies
Notification
The applicant shall be informed of the discrepancies by the Copyright Office through email/portal or post.
Correction Timeline
Applicants are usually offered a specific time frame (e.g., 30 days) to correct discrepancies.
Resubmission
Applicants are to submit the corrected application or any documents that were missing on the portal or physically as guided.
Fee Payment
Applicants should ensure that the required fees, along with penalties where needed, have been paid.
What is an Objection in Copyright Registration?
An objection is any formal representation made by the Registrar of Copyrights or any external person regarding the Copyrightability, originality, or authorship of a particular work. Compared to discrepancies, objections are in many ways more significant as they stop the work, and defenders, the applicant in this case, need to stand their ground for the ownership of the Copyright.
Common Grounds For Objection
The registrar or another individual feels that the work was borrowed or has been taken from any copyrighted material.
Some external party renders a stake in the work, thus causing a dispute.
The work is said to be already copyrighted, similar to one already registered.
The work is classified under the wrong categories, such as filing an artistic work under literary work.
These are works that do not even merit Copyright because they are in the public domain.
How to Handle Objections
The Official Copyright Office communicates, which clearly sets out the grounds for the objection.
- Applicants need to submit a letter, completely detailed and exactly how they would wish to respond to the objection in the timeframe range set (normally 30 days)
- Evidence that aids in support of either originality, ownership, or usage of the work should be provided.
As further said, in some situations, a hearing is arranged where the applicant or legal representative has to advance reasons and evidence.
In the event that the registrar or the third party is satisfied with the response and the evidence provided, the objection is removed, and the registration is applied for.
In the case where the Copyright Board objected, the registrar registration is applied for and is rejected, the copyright applicant can appeal to the Copyright Board/High Court for review of the rejection.
Copyright Infringement and Remedies
What is Copyright Infringement?
Copyright infringement occurs when an owner uses, reproduces, distributes, or displays any Copyright-protected work without the copyright owner's permission in any manner that violates the owner's exclusive rights, as stated in the Copyright Act of 1957. These include the right to reproduce that work, distribute it, perform the work of another, or make adaptations of it.
Infringement goes well beyond unauthorized copying of a work. It may encompass piracy, plagiarism, and any use of copyrighted work beyond the scope of what has been licensed or permitted.
Types of Copyright Infringement
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Primary Infringement
Use of work or its parts that are copyrighted without permission by the owner. Any attempt at this, including uses such as reproduction, distribution, and/or performing of the work without the necessary permission, is also included.
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Secondary Infringement
Helping or assisting others to infringe on copyrighted works, such as selling pirated copies or providing a location where these may be downloaded without authorization.
Common Examples of Copyright Infringement
- Making reproductions of campaign books, songs, programs, pictures or any other material without permission
- Watching or recording pirated movies, singing music over the internet
- Copying material posted on people's websites, content, images, or their designs, such as logos, without permission
- A copyright-protected logo or artwork is used or recreated without proper licensing
- Reproducing titles of books or commercials, including the pictures, without consent of the affected party
As per the Fair Use Provision and Section 52 of the Copyright Act, 1957,
the following instances are not treated as violations of Copyright:
- Educational Purposes: Use of copyrighted works in teaching, research, or education.
- Private Use*: Reproduction of a work through a copy for self-use, for example, photocopying material for self-study.
- Criticism and Review: Use of short portions of a work for purposes of critique or commentary, or for reporting.
- Judicial Use: Incorporating Copyright works in legal cases or court proceedings.
List of Documents Required
for Copyright Registration
When you're ready to get on the Copyright Registration journey, having the right documents is crucial. This ensures a smoother process and helps avoid unnecessary delays.
Applicant Documents
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Details of the Applicant
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Name, Address & Nationality of the Applicant
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Certificate of Registration (if Company or Firm)
Supporting Documents
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Nature of the Applicant’s Interest in the Copyright i.e., the applicant is the author or any representative
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Power of Attorney to file the application
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Details and Copies of the Original Work
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NOC from the author (if the applicant is not the author)
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Publisher’s NOC if the work published and publisher is different from the applicant
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Search Certificate from Trade Mark Office (TM -C) if the work is being used on goods or capable of being used on the goods( if applicable)
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