WHAT IS COPYRIGHT
Copyright is a bundle of rights given to the creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. This bundle of rights also includes rights of reproduction, communication to the public, adaptation and translation of the work.
IMPORTANCE OF COPYRIGHT REGISTRATION
Copyright is available immediately when some creative form of expression is produced in a tangible medium. Nevertheless, it is always recommended that copyright is registered with the Copyright Office to enjoy legal protection in a work. It enables the holder of the copyright to take legal action against infringers in a court of law.
WHAT WORK CAN BE PROTECTED
- Literary Work – These include articles, magazines, tables and compilations.
- Dramatic Work – This includes the script of a drama.
- Artistic Work – These include painting, drawing, work of architecture, photograph, map, plan, etc.
- Musical Work – These include musical notations. It does not include any song sung by any person.
- Sound Recording – These include musical work and lyrics.
- Cinematograph – These include audio-visual works of any kind.
- Software – These are instructions for operating a system or an application.
PROCEDURE FOR COPYRIGHT REGISTRATION
The application for copyright has to be filed online. The work and all relevant documents have to be filed with the Copyright Office within 30 days of online filing. The following details are required to be given by the applicant:
- Particulars of the applicant
- Description of the work for which copyright is sought
- Details of publication of the work in India including details of the publisher and year of publication
- Details of publication of the work outside India including details of the publisher and year of publication
- Particulars of the person and place where the original work is stored
- A copy of assignment if author and applicant are the different people
- A notice of filing of copyright application has to be sent to the author if the author and applicant are the different person
- When the artistic work is capable of being registered as a trademark, a certificate from the Register of Trademarks has to be obtained declaring that no trademark is registered.
A diary number is received once the application is filed. The applicant has to wait for 30 days so that “No Objection” is filed against his claim. If there is an objection against the claim, then the procedure will take one more month. The Registrar gives both the parties an opportunity for hearing the matter. After the ownership is decided or the objection is rejected, the application proceeds for scrutiny. If there are any discrepancies, the author is asked to remove them within a period of 30 days.
Subject to submission of all documents and satisfaction with the completeness and correctness of the claim, the Copyright Registrar shall enter the particulars of the copyright in the register of copyrights and further issue a Certificate of Registration. The registration is deemed complete when the applicant is issued with a copy of the entries made in the Copyright Register.
Copyright Registration might sound simple but is a very important process. We, at Biswajit Sarkar, ease the process of registering your copyright work. Protection of your intellectual property is of best interest to you. Reach us to help you!
Info by: Trademark Lawyer India