Copyright Registration
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- For protecting your work
- Avoid Infringement
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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 registration 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.
Advantages of Copyright Registration
What can be Copyright?
- Cinematography film
- Website
- Books
- Artistic work like paintings, photographs
- Computer programs
- Original literary others
- Musical work & Sound recording
- Published editions.
Documents Required for Registration
- ID and Address proof of the Applicant
- Search Certificate from the trademark office : If the work is to be used on a product
- If the work is published : 3 copies of the work
- NOC from author if author is different from applicant
- In case of copyright of any software : Provide source code and object code.
- If the work is not published : 2 copies of work/graphical notes
- NOC from publisher if work is published and publisher is different from applicant
- DD/IPO as per applicable work
- Power of Attorney
- NOC from a person whose photo is appearing in the work, if any
Process of Registration of Copyright
1. Complete the Questionnaire
2. Requirement of Documents
3. Application for Registration
4. Conduct Hearing
5.Registration of Work
Additional Information
- Right of the Copyright owner:- The author can protect the socio-economic and legal interest and is allowed to retain the following rights:-
- 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 on Copyright Registration
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.
No it is not possible to get the name or title copyrighted, they can only be trademarked.
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.
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 |
- 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.
No, as it is registered under the Copyright law in India hence it is not valid outside the Country.
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.