Copyright Registration in India
Copyright registration in India under the Copyright Act, 1957 is optional and not mandatory. A copyright comes into existence as soon as it is given a material form. Thus, copyright registration is no condition for claiming copyright in a work. Simply registering a copyright will not save the registrant from a potential infringement of the copyright of another. The registration only shows that the copyright has been entered in the Register of Copyrights by the Registrar. The Register and Indexes of the Register of Copyrights are kept at the Copyright Office, India.
Entries in the Register of Copyrights
The Register includes the name or titles of work, names, and addresses of authors, publishers, and copyright owners. The author or owner interested in the copyright of any work may apply to the Registrar of Copyrights in Form XIV with the prescribed fee.
In the case of an artistic work used in relation to any goods or services, the applicant should submit a certificate from the Registrar of Trade Marks. The certificate proves that no identical or deceptively similar trademark with similar artistic work has been registered by another person. Section 45(1) of the Copyright Act, 1957 provides this provision.
Inspection of the Register
The Register of Copyrights and indexes is open to inspection at all reasonable times. Any person can take copies or extracts from the Register of Copyrights and Indexes on the payment of specified fees. An application can be made to the Registrar to furnish a certified copy of the Register of Copyrights and Indexes.
Documents required for Copyright Registration in India
· If the work is not published then 2 copies of the work, if published 3 copies are required.
· Power of Attorney if the application is filed by an attorney.
· If it is not the applicant’s work, then authorization of the same is required.
· Information relating to title and language of the work.
· Name, address, and nationality of the applicant.
· A no objection certificate is required from the Trade Marks Office if the work is used on a product.
· If someone’s photo is used in the work, then a no-objection certificate is required from that person.
· If copyright is required for software, then source code and object code are required.
Application for copyright registration in India
The author or owner of the work may file an application for copyright registration physically in the Copyright Office of India. There is also an e-filing facility available through the database of the Copyright Office. A separate application must be filed for the registration of each work in the Copyright Register. Each type of work has different applicable fees which should be paid while registering the Copyright.
Examination of the Copyright Application
The examination takes place after the application is submitted and a diary number is issued. The Registrar of Copyright after receiving the receipt of the application waits for any objection raised against such application. If no objection is raised within 30 days of the receipt of the application, the Registrar begins to scrutinize the application for any discrepancy. Once the Registrar is satisfied with the correctness of the particulars given in the application, then it is entered in the Register of Copyrights. In the case that the Registrar is not satisfied, such details of the work may be entered as deemed fit by the Registrar.
If an objection is raised by someone against the applicant, both parties are called to be heard by the Registrar. Upon hearing if the objection is rejected then the application moves forward for review. If the Objection stands successful, the Copyright application is rejected.
Registration of the Copyright
Once the Registrar is completely satisfied with the claims of the application, the Registrar of Copyrights enters the details of the copyright into the Copyright Register. A certificate of registration is issued to the applicant. The procedure for copyright registration in India ends when the Extracts of the Register of Copyrights (ROC) is issued to the applicant.