Know everything about Copyright Registration in India

Last Updated On: Dec. 4, 2021, 9:59 p.m.
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COPYRIGHT REGISTRATION IN INDIA

 

What is Copyright?

Copyright gives an exclusive right to an individual or an entity towards their original work like training manuals cinematography, recordings, paintings, programming, designing, etc.It is a right conferred upon the author or creator of the work that no one can copy or reproduce or replicate their original work without their permission as per Intellectual Property Law.

 

Benefits of Copyright Registration:

  • It is an intangible asset for the owner
  • No one can reproduce or modify or replicate the work copyrighted without Prior permission of the author and hence the owner can exercise control over the use of their creation say artistic or literary and can ensure economic stability in whatever form.
  • If it comes to the notice of the owner that someone is copying or replicating their work, he/she can send a ‘cease’ notice which helps them avoid spending time in the court of law or bother about legal proceedings at a later stage. Furthermore, it serves as prima facie evidence during any litigation in progress.
  • Creation of Public records of ownership and creating goodwill in the market
  • It gives an exclusive right to the creator to exhibit their work in public which in turn builds the reputation/prestige worldwide.
  • Many other countries also recognize and protect the work copyrighted in India.
  • Copyright’s protection extends to the creator’s life span + 60 years after his/her death.

 

Why should we obtain a Copyright Registration?

Copyrights will be applicable to all the things that you create or invent, and some of them are copyrights for movies, pictures, books and music, etc. To protect your invention, it is suggested to get a copyright registration. Here are the following reasons why you should obtain a registration:

  • Your ideas can be published if it is copyrighted to the public and thereby create ownership
  • You can protect your creation and claim for damages in case of copyright violations 
  • The owners can have a record of the registration with Indian Customs and prevent importing duplicate copies
  • Any work that is based on another work that may be subject to copyright restrictions can be made from the original registered work
  • Your work or ideas can be on sale or can be shared with a third party without any objection
  • If your work has protection by copyright, then you can exhibit your work.

 

Documents Required for Copyright Registration in India:

1. Personal details like the name and address of the applicant (if the applicant is not the owner of the work)

2. DD (Demand Draft)/IPO (Indian Postal Order) of INR (as applicable)per work.

3. Name and address and identity proof of the owner, incorporation certificate (if the owner is the entity)

4. Two copies of work (can be in any form JPEG, JPG or GIF)

5. If you wish to file a copyright for your computer programs, then you must submit 4 copies of DVDs or CDs of that particular program.

6. A copyright Search Certificate has to be taken from the trademark office before filing a copyright application for artistic work 6. (only if the work can be used on goods or capable of being used on goods)

7. NOC (No Objection Certificate) from the author, if the author and the applicant are not the same people.

8. If a person’s photo is used anywhere in the work NOC (No Objection Certificate) should be taken from him/her.

9. NOC from the publisher if work published and publisher is different from Applicant.

10. If the application is being filed through an attorney, a specific Power of Attorney is original, duly signed by the applicant, and accepted by the attorney.

 

Copyright Registration Process in India

1. Application for Copyright Registration

The first step towards Copyright Registration process in India is to generate a valid User ID and Password (Click on New User Registration) on Official website for Copyright Registration. Kindly note it down as it would be used in all future references for e.g. to check the status of the application

 

Once you log in, click on to link “Click for online copyright registration”

Following are the steps to be followed.

1. Fill in all the mandatory details in Form XIV

2. Upload your scanned signature and ensure its size is not more than 512KB

3. Fill up the statement of particulars and save the details entered and then move to the next step

4. Make the payment through Internet Payment Gateway

On the successful submission of the form, a Diary Number (Acknowledgement) will be generated. Please note it carefully as the same shall be needed to check your application status.

Format explained for different work, Artistic work- Upload in pdf/jpg form, Sound Work- Upload in MP3 form, Literary/Dramatic, Music and Software- Upload in PDF Form (size less than 5 MB)

Once the application is successfully filed, take a printout of, (Acknowledgement Slip) of the Copyright Registration Form (hard copy) and send it by post to the below-mentioned address.

 

What is Copyright infrigement in India?

Copyright Infringement is to protect the use of the artistic work of a creator or an inventor by a third party. Under Copyright Act, 1957, the exclusive right to protect literary and artistic works is given to the holder of the Copyright alone. 

 

When to File a Copyright Infringement Notice?

Once the holder of Copyright gets to know about Infringement of his/her Copyright by a third party, the immediate and the first thing to be done by the holder of Copyright is to send a Copyright Infringement Notice to the party infringing the Copyright. A Copyright Infringement Notice is just like any other legal notice which comprises the ingredients of a cease and desist Notice.

 

 

Why you should chose Legal Suvidha Providers to file an Copyright  Application?

Legal Suvidha providers have professionals who help you to prepare and draft an application form, brings into your notice all the documents required and makes the process easy and simple.

 

 

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