Copyright Registration

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Introduction

Due to the increasing awareness amongst people of intellectual property rights and with the continuous advancement in technology and there is a rush amongst the amount of intellectual property rights that are being registered in India. Hence Legal Window provides you a facility to register the intellectual property online.

Copyright is defined as the legal right to the ownership and enjoyment which is entitled to the creators of the literary/dramatic/ musical/ artistic work/ producers of cinematograph films/ recordings.

Copyright Registration give its owner exclusive and sole right to distribute/ reproduce/ adapt/ translate the work or give authorization to the another entity for performing the same. The Copyright Registration is mostly used by many businesses for producing the literature or the user manuals. It also provides certain safeguards to owners such as the right of ownership and its enjoyment of the owner over their creations and subsequently allowing them to protect and reward their creativity.

Advantages

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Advantages of Copyright Registration

Creates Goodwill

The copyright which is registered can be used for marketing of goods or services and builds a sense of goodwill and also the quality in the minds of your customers. Registered copyright conveys others that you care about what you invented.

Legally protected

The registered copyright serves as a prima facie evidence during the proceedings in the court of law and makes the case strong. There are also certain provisions under the copyright Act offering Infringement Protection.

Prima facie evidence

As it is admissible under the eyes of law it serves as a prime facie evidence during the litigations and is beneficial for the creators.

Creation of valuable asset

The registered copyright can serve as a valuable asset if the brand is build up and is succeeding.

Protection even after the death of owner

The Copyright Act provides protection to the owner beyond his life and is not restricted up to the original creators’ life span.

Trademark

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What can be Copyright?

Documents

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Documents Required for Registration

Process

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Process of Registration of Copyright

1. Complete the Questionnaire

We will provide you a questionnaire which is required to be filled by you in which we will sought the basic details and documents pertaining to the registration of Copyright.

Step 01

2. Requirement of Documents

Basic documents as stated in the above paragraph in accordance with the questionnaire provided are required along with an authorization letter which is to be signed by you. This process may take up to 1-2 working days.

Step 02

3. Application for Registration

Application will be prepared by us with the help of our experts and will be submitted to the Registrar of Copyright in the prescribed format and can be done either physically or electronically within 2 working days. The draft of the same will be shared by us through mail.

Step 03

4. Conduct Hearing

In case any objection is received by the Registrar. He shall conduct a hearing on the application of copyright and if no objections are received within the prescribed time of 30days, the scrutinizer will check the application for any disparity.

Step 04

5.Registration of Work

If no disparity occurs, the registration will be done and extract of the same shall be sent to the Registrar for entry. If any disparity occurs and on successful completion of hearing conducted by the Registrar the scrutinizer will again scrutinize the application and will give its decision.

Step 05

Information

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Additional Information

The creator may ask for authorship for the work published under the right of paternity;
The creator has a right to reproduce the work either in any tangible form and keeping the same in any medium by electronic means as well.;
The creator has a right of publication and may decide where to publish and where not;
The creator has a right to translate or adaptation of the work or may perform the same in public or talk about it to the public ;
The creator may take certain actions which may be defensive in nature in case of image or reputation loss;
The creator may sell and transfer his or her work.

Right of Reproduction:- As per the Copyright Act no person can reproduce or make the copies of the original work or part of the work so produced unless authorized by the original copyright owner. It limits the reproduction of work in the form of printing an edition and recording sound and films.
Right of Adaption:- The copyright creator can choose to use his work whichever way he needs. That is, he/she can build derivatives from the existing work or make new work in the same form or another form based on the original work. The following actions outline the term adaptation as per the Copyright Act:

Transforming plays, movies, choreographic shows, and other dramatic works into non-dramatic or literary works like poems, novels, and books;
Change or modification of dramatic and non-dramatic work;
Pictorial depiction of the work;
Transcription of musical work.

Right of communication to the public :- The Copyright owners can open their work to the public either by using a broadcast or a wireless distribution channel in any forms of symbols or visual images.
Right of public performance :- The musical work and artistic work owners do have a right to produce their work publicly
Right of paternity and integrity:- The Copyright Act provides the moral right of paternity to the owner and integrity to its creators. The right of paternity or attribution signifies that the owner/creator has right to maintain its authorship over his work and other person can only reproduce it after taking due permission from the creator. The right of integrity provides that if some person violates the rules by copying the work then the creator can claim damages in case of changes, damages or alteration to his/her work which is creating disputation to his name and work.
Right of Distribution:- The copyright holder can distribute his/her work in any form like reproducing, selling, renting, leasing or lending. It can also be assigned to particular rights to a person for either copyright the work partly, entirely or subject to some limitations.

Faq's

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FAQ's on Copyright Registration

Who all can apply for the Copyright?

Any person or a business entity may apply for copyright registration. The individual can be the author, creator, musician, photographer, producer, painter, composer, or a company may safeguard their creative by using this legal authority.

Is it possible to register the name or title?

No it is not possible to get the name or title copyrighted, they can only be trademarked.

What is the best possible route for a jewellery designer?

It is advisable to apply both for copyright and design registration and copyright can be done on the sketches of the design being a form of an art.

What is the government fees for registration?

S.No.	For an application for COMPULSORY LICENSE :	Fee
1.	For a license to republish a Literary, Dramatic, Musical or Artistic work (Sections 31, 31A,31B* and 32A)	Rs. 5,000/- per work
2.	For a license to communicate an any work to the public by Broadcast(Section 31(1)(b))	Rs. 40,000/- per applicant/per sataton
3.	For license to republish a Cinematograph Film (Section 31)	Rs. 15,000/- per work
4.	For a license to republish a sound recording (Section 31)	Rs. 10,000/- per work
5.	For a license to perform any work in public (Section 31)	Rs. 5,000/- per work
6.	For a license to publish or communicate to the public the work or translation (Section 31A)	Rs. 5,000/- per work
7.	For a license to publish any work in any format useful for person with disability (Section 31 B)	Rs. 2,000/- per work
8.	For an application for a license to produce and publish a translation of a Literary or Dramatic work in any Language (Section 32 & 32-A )	Rs. 5,000/- per work
9.	For an application for registration or copyright in a:
	(a)Literary, Dramatic, Musical or Artistic work	Rs. 500/- per work
	(b)Provided that in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services (Section 45)	Rs. 2,000/- per work
10.	For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a:
	(a)Literary, Dramatic, Musical or Artistic work	Rs. 200/- per work
	(b)Provided that in respect of a literary or Artistic work which is used or is capable of being used in relation to any goods or services (Section 45)	Rs. 1,000/- per work
11.	For an application for registration of Copyright in a Cinematograph Film (Section 45)	Rs. 5,000/- per work
12.	For an application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45)	Rs. 2,000/- per work
13.	For an application for registration of copyright in a Sound Recording (Section 45)	Rs. 2,000/- per work
14.	For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45)	Rs. 1,000/- per work
15.	For taking extracts from the indexes (Section 47)	Rs. 500/- per work
16.	For taking extracts from the Register of Copyrights (Section 47).	Rs. 500/- per work
17.	For a certified copy of an extract from the Register of Copyrights of the indexes (Section 47)	Rs. 500/- per copy
18.	For a certified copy of any other public document in the custody of the Register of Copyright or Secretary of the Copyright Board	Rs. 500/- per Copy
19.	For an application for prevention of importation of infringing copies (Section 53) per place of entry	Rs. 1,200/- per work

What can be Copyrighted?

Cinematography film;
Books;
Sound recording;
Computer programs;
Musical work & Sound recording;
Website;
Artistic work like paintings, photographs;
Broadcasts on Radio and Television;
Original literary others;
Published editions.

Will the Copyright registered in India is valid outside India?

No, as it is registered under the Copyright law in India hence it is not valid outside the Country.

How much time does it generally takes to get the copyright registered?

The copyright registration time line depends on various factors like whether any objection is received or not, whether hearings are conducted in time or not. It generally takes around 1 year.

info@firmregistration.in

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