Copyright is a bundle of rights provided to an author of the work. All Literary, Musical, Dramatic, Artistic, Cinematographic Films and Sound Recordings are protected under copyright. Copyright comes into existence as soon as work is created, but it is always advisable to get a copyright registration to protect one's original piece of creative work The copyright registration is not mandatory under the Act, however, for all practical purposes, the registration of your original creative work is strongly recommended. The rights granted under copyright law is the right of reproduction and communication to the public, translation, and adoption of work including both economic rights and the moral rights. The intent of the IPR in copyright is to protect the original work irrespective of its quality or artistic merit. Section 13 of The Copyright Act, 1957 provides that copyright subsists only in an original work. The period of validity of a copyright is in general 60 years from its first publication, or delivery or broadcast to the public. Team Taxportal is well experienced to protect your valuable IP in your new creations
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Documents Required to Copyright Registration
Copyright questionnaire, Classification and description of the work
The Work for Which Registration is required, We need to submit two copies of the work
Declaration of the Author /Applicant
No objection from the author of the work, Power of attorney for copyright filing
Statement of Particulars and Statement of Further Particulars
A cinematograph is a work of visual recording along with the sound recording accomplished by any process whether analogous or digital including the video films. It includes visual recording in any medium and by any method of storing it. By definition, every recorded work with moving visuals/images will be considered a cinematograph
The songs which contain singers voice with or without music, a recorded speech or an audio, or podcast is the examples of sound recording. This includes any work of recording sound regardless of its medium or storage. In case the sound recording also has music then permission from the author of music work must be obtained.
Procedure For Copyright Registration
01
Documentation
We shall assist you to prepare Application/Declaration Form and Statement of Particulars to be filed to register the work with the registrar of copyright.
02
Application FilingThe application is filed with two copies of the work along with the prescribed government fee which ranges from Rs. 500 to Rs. 5000 depending upon work.
After the identification of the marks of business, the next is to see if these marks are unique, and it should not conflict with someone else existing trademark or business name. Carry out a comprehensive search in the register of trademark, which is available online to find out if any same or similar marks have already been either registered or pending registration.
03
Copyright Examination
After receipt of the application, copyright department waits for 30 days and then issues examination report accepting it or with the objections.
04
Objection Removal
The departmental objections if any need to be removed by a proper reply to it and personal representation. Finally, the copyright gets registered.
Advantages of Copyright Registration
01.
Legal Protection
Copyright registration serves as prima facie evidence in the court of law over ownership of the work. Therefore, copyright registration gives the owner legal protection for his/her work.
04.
Unauthorized Reproduction
Copyright registration will establish that you are serious about copyright infringement. This will help impede unauthorized reproduction of the work as it provides the owner with a host of legal remedies.
02.
Branding and Goodwill
Registered copyright can be used for marketing and creating a sense of goodwill and quality in the minds of your customer. Registered copyright show others that you care about your work.
05.
Creation of Asset
Copyright registration creates an intellectual property, an intangible asset. Registered copyrights are an intellectual property and the rights can be sold, franchised or commercially contracted.
03.
Global Protection
Works that are copyrighted in many other countries are accorded similar privileges here in India. Likewise, works copyright registered in India are accorded protection in many foreign countries.
Basic Requirements for Copyright Registration
01
Basic Details of Candidate:
Basic details like Name, Address, and Nationality of the candidate are required before registration.
02
Soft Copies and CDs:
Candidate must make a soft copy of his/her work and all files optionally in JPEG, JPG or GIF format. If you wish to file a copyright for your computer programs, then you must prepare 4 CDs or DVDs of the particular computer programs.
03
Get a Trademark Certificate for Artistic Work:
If you are submitting copyright registration for any artistic work, a clear copyright search certificate has to be taken from the trademark office before submission.
04
Power of Attorney:
If the candidate is registering copyright through any authorized firm or advocate, the power of attorney rightfully signed by the candidate is mandatory.
FAQ's
What is copyright?
The copyright is a negative right which prohibits unlawful copying of an original work of literature, dramatics, the computer program including computer databases and tables, artistic work, musical work, cinematography and sound recording. Copyright ensures some minimal right in favour of the author of the original work to protect their creativity from copying or counterfeiting the same, thereby safeguarding and rewarding creativity.
Is it necessary to register a work to claim copyright?
No. The copyright comes into existence at the time of its creation in favour of the creator of the work. The registration of the work with the registrar of copyright serves as a prima facie proof about the ownership of the copyright, and the certificate of registration of copyright serves as admissible evidence in the court of law.
Where to file the copyright registration in India?
The copyright application is filed at the office of the Registrar of Copyrights, located at Plot no. 32, Boudhik Sampada Bhawan, Sector 14, Dwarka, New Delhi- 110075.
Whether a published work can be registered under copyright?
Yes. Both published as well as unpublished work can be registered under copyright, and there is no bar in registering an already disclosed or published the work.
What are Whether a Computer Program can be registered under Copyright?
Yes. A computer is considered as a literary work along with computer database and its tables. Hence it can be very well registered under copyright. For registration, the “Source Code” and the “Object Code” need to be supplied for registration of copyright for a computer program or software.
How long it takes to get the copyright registration?
After filing of the application, the department allots a diary number and waits for 30 days, also known as the waiting period, in case no objection is received from the public the examiner of the copyright examines the application. If the examiner comes up with any discrepancy, the same need to be resolved within 45 days. Therefore, it takes approx 2-4 months of time in the normal course in the registration of the copyright
How to register copyright for an APP?
An app is a complete and self-contained full-fledged computer program designed to perform a specific task or tasks. In general an app has a primary dynamic content which interacts with its users. An app may be on a computer, mobile or any other handheld the handheld wearable devices. The App can be registered as a computer program under literary work category, wherein the applicant needs to provide “Source Code” and the “Object Code” of the App. The protection of copyright shall be available to cover the screen displays as generated by the program provided the display image is also provided along with the computer program. Mere snapshot of the display of screens of an app is not register able under copyright.
What is the stepwise procedure to register Copyright in India?
Following is the process to register a Copyright in India.
Application to be made in Form Number - Form-XIV,
Statement of Particulars and Statement of Further Particulars are also filed as is prescribed in the 1st Schedule of the rules of copyright,
For each work, a separate application is required to be filed, and there is no provision for submitting joint application or application in the group,
The filing fee needs to be paid as per the second schedule of the act; Please refer pricing section above to know government fee applicable for your work,
The application of copyright and all other documents need to be signed by the applicant,
A power of attorney in the name of advocate duly accepted by him is required