INTRODUCTION
Copyright bestows a legal right to creators over their original works of authorship; this extends to literature, music, art, and computer programs. In India, copyright registration is governed by the Copyright Act, 1957, and its rules. With copyright registration, the work will be afforded some basis for legal redress in case of infringement. At Prime Legal, your trusted law firm in Bangalore, we aim to guide you through the complexities of copyright registration. This document is intended to function as a detailed step-by-step guide to give you an insight into the process of registering copyright in India.
WHY REGISTER A COPYRIGHT?
Copyright comes up automatically after the creation of an original work. Nevertheless, there are several advantages of registering copyright. The first is that copyright registered works serve as supportive legal evidence of ownership, enabling a claimant to obtain quick recourse in cases where disputes arise and prove authenticity. The second aspect relates to affording an economic advantage regarding royalties and licensing rights.
ELIGIBILITY FOR COPYRIGHT
It is advisable to check whether your work is eligible for copyright registration before making an application. The eligible categories include:
- Literary works, e.g., books, articles, and software.
- Musical works that include lyrics or compositions.
- Artistic works like paintings, drawings, and photography.
- Cinematograph films.
- Sound recordings.
- Broadcasts and performances.
STEPS FOR COPYRIGHT REGISTRATION
STEP 1: Prepare the Work
Make sure that your work is independent, original, and within the bounds of copyright law. For software and literary works, keep a tangible copy, such as a printed manuscript or a digital file. If it’s an artwork, prepare a high-resolution image.
STEP 2: Visit the Copyright Office Website
Access the Copyright Office official portal at https://copyright.gov.in. This contains the required forms, instructions, and notifications regarding copyright registration.
STEPS 3: Filling the Application Form
Choosing the correct Form will depend on the type of work involved:
- Form XIV is the standard form available.
- It should comprise details on the work such as work nature, title, language, and if published, yet.
- Personal particulars of the author, owner, and applicant (if different).
STEP 4: Attach the Documents
Ensure the following documents are available:
- Copy of the work for which copyright is sought.
- N.O.C. from the author if the applicant is different.
- Proof of ownership-giving an agreement or an affidavit.
- A power of attorney when the application is presented by an agent.
STEP 5: Payment of Fees
Pay the prescribed fee through the portal online. The applicable fees differ based on the work type, e.g., Rs.500 for literary or artistic work and Rs.2000 for software. Check the updated fee structure at the Copyright Office website.
STEP 6: Submission of the Application
The application must be made online. The portal will generate an acknowledgment containing the Diary Number, and this Diary Number will be used for subsequent correspondence.
STEP 7: Examination Process
On filing of objections or upon finding discrepancies, the application is followed through a hearing stage at the Copyright Office. The applicant will have to justify or provide further details for the objections raised.
STEP 8: Registration Certificate
As a result of successful examination, the Registrar of Copyrights will issue a registration certificate. Such registration is conclusive evidence of ownership and prevention against any unauthorized use.
SOME IMPORTANT TIPS FOR COPYRIGHT REGISTRATION
- Check that the application is complete and correct in detail to avoid delays.
- Keep copies of all submissions and correspondence.
- Check the application status regularly through the Diary Number.
CONCLUSION
The registration of copyrights in India is an uncomplicated process that provides protection to the intellectual property. By following the steps mentioned above, a creator can register their work in the name of legal recognition and protection from potential infringement. As an artist, author, or entrepreneur, it is also an added investment into the creative endeavor to do so.
For expert assistance, consult Prime Legal, a law firm with experienced intellectual property lawyers in Bangalore, to ensure your copyright registration process is seamless and secure.
