Documents Required for Copyright Registration in India

Last Updated at: May 27, 2020
7259
Documents Required for Copyright Registration in India
Documents Required for Copyright Registration in India

In this article, we will be discussing the various kinds of copyright registration and their required documents.

 

  • Artistic Work

  • Cinematograph Film

  • Music

  • Literary/Dramatic

  • Sound Recording

  • Software

 

Artistic Work

  1. Two copies of the work.
  2. DD or IPO of Rs. (applicable) according to work.
  3. Author’s NOC if the applicant is different from the author.
  4. Publisher’s NOC if the work published and publisher is different from the applicant.
  5. Search certificate from the trademark office (TM -60) if the work is being used on the goods or capable of being used on the goods.
  6. NOC from the individual whose photograph appears on the work.
  7. If the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.

Cinematograph Film

    1. Two copies of work.
    2. DD or IPO of Rs. (applicable) according to work.
    3. NOC from different copyright holders or copy of the agreement (deed of assignment).
    4. NOC from the publisher if the work published and publisher is different from the applicant.
    5. If the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.

Copyright your work right now

Music

  1. Two copies of work (graphical notes).
  2. DD or IPO of Rs. (applicable) according to work.
  3. NOC from the publisher if the work published and publisher is different from the applicant.
  4. Author’s NOC if the applicant is other than the author.
  5. If the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.

Literary/Dramatic

  1. Two copies of work.
  2. DD or IPO of Rs. (applicable) according to work.
  3. NOC from the publisher if the applicant is other than the publisher and the work is published.
  4. Author’s NOC if the applicant is other than the author.
  5. If the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.

Sound Recording

  1. Two copies of work.
  2. DD or IPO of Rs. (applicable) according to work.
  3. NOC from different copyright holders or copy of the agreement (deed of assignment).
  4. NOC from the publisher if the work published and publisher is different from the applicant.
  5. However, if the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.

Software

  1. Two copies of work.
  2. DD or IPO of Rs. (applicable) according to work.
  3. Author’s NOC if the author is different from the applicant.
  4. NOC from the publisher if the work is published and the publisher is different from the applicant.
  5. However, if the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.
  6. Also, the source code and the object code of the work for verification.

So, these are the list of documents to be submitted for a different type of works.

Why is copyright registration important?

An individual can register their artistic works under the Copyright Act 1057, in order to avoid others using or copying their work anywhere else. The proprietor also permitted to reproduce, replicate or even distribute the work in exchange for a fee.

Statutory Protection:

When a proprietor gets his copyright registration, it becomes the prima facie evidence confirming his ownership of the work. It protects his work from others duplicating or using it for the wrong reason.

Copyright Infringement:

The proprietor can ensure that no one else copies or replicates their work by any means. Especially with youtube and other social media platforms, it can become hard to protect one’s work from being infringed. Hence, it is advised to get the copyright upfront so that there shall be no such issues. Even if the copyrighted work is then infringed, the proprietor can then file a complaint under copyright infringement.

Global protection of the work:

The proprietor can ensure to protect the work from copyright infringement not just within the country but also globally. The copyright works both within and outside the country.

Branding and Consideration:

The proprietor can also use the registered copyright for marketing the work or to create a sense of goodwill in the customer’s perspective. The copyright develops a belief in the customer or the audience that the proprietor cared for the work hence leading to getting a copyright.

Asset Creation:

When a proprietor gets copyright of their work, they are creating intellectual property, an intangible asset. The proprietor can sell, contract or commercially franchise their copyrighted work. Hence, they are very beneficial and bring in many monetary benefits.

Legal Rights involved with Copyright Registration

There are various types of legal rights:

  1. Rights for the copyright owner
  2. Right for Reproduction
  3. Adaption rights or Right for adaption
  4. Distribution rights or Right for distribution
  5. Right of public performance
  6. Public communication rights or Right of the communication to the public
  7. Right for paternity and integrity

0

Documents Required for Copyright Registration in India

7259

In this article, we will be discussing the various kinds of copyright registration and their required documents.

 

  • Artistic Work

  • Cinematograph Film

  • Music

  • Literary/Dramatic

  • Sound Recording

  • Software

 

Artistic Work

  1. Two copies of the work.
  2. DD or IPO of Rs. (applicable) according to work.
  3. Author’s NOC if the applicant is different from the author.
  4. Publisher’s NOC if the work published and publisher is different from the applicant.
  5. Search certificate from the trademark office (TM -60) if the work is being used on the goods or capable of being used on the goods.
  6. NOC from the individual whose photograph appears on the work.
  7. If the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.

Cinematograph Film

    1. Two copies of work.
    2. DD or IPO of Rs. (applicable) according to work.
    3. NOC from different copyright holders or copy of the agreement (deed of assignment).
    4. NOC from the publisher if the work published and publisher is different from the applicant.
    5. If the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.

Copyright your work right now

Music

  1. Two copies of work (graphical notes).
  2. DD or IPO of Rs. (applicable) according to work.
  3. NOC from the publisher if the work published and publisher is different from the applicant.
  4. Author’s NOC if the applicant is other than the author.
  5. If the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.

Literary/Dramatic

  1. Two copies of work.
  2. DD or IPO of Rs. (applicable) according to work.
  3. NOC from the publisher if the applicant is other than the publisher and the work is published.
  4. Author’s NOC if the applicant is other than the author.
  5. If the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.

Sound Recording

  1. Two copies of work.
  2. DD or IPO of Rs. (applicable) according to work.
  3. NOC from different copyright holders or copy of the agreement (deed of assignment).
  4. NOC from the publisher if the work published and publisher is different from the applicant.
  5. However, if the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.

Software

  1. Two copies of work.
  2. DD or IPO of Rs. (applicable) according to work.
  3. Author’s NOC if the author is different from the applicant.
  4. NOC from the publisher if the work is published and the publisher is different from the applicant.
  5. However, if the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.
  6. Also, the source code and the object code of the work for verification.

So, these are the list of documents to be submitted for a different type of works.

Why is copyright registration important?

An individual can register their artistic works under the Copyright Act 1057, in order to avoid others using or copying their work anywhere else. The proprietor also permitted to reproduce, replicate or even distribute the work in exchange for a fee.

Statutory Protection:

When a proprietor gets his copyright registration, it becomes the prima facie evidence confirming his ownership of the work. It protects his work from others duplicating or using it for the wrong reason.

Copyright Infringement:

The proprietor can ensure that no one else copies or replicates their work by any means. Especially with youtube and other social media platforms, it can become hard to protect one’s work from being infringed. Hence, it is advised to get the copyright upfront so that there shall be no such issues. Even if the copyrighted work is then infringed, the proprietor can then file a complaint under copyright infringement.

Global protection of the work:

The proprietor can ensure to protect the work from copyright infringement not just within the country but also globally. The copyright works both within and outside the country.

Branding and Consideration:

The proprietor can also use the registered copyright for marketing the work or to create a sense of goodwill in the customer’s perspective. The copyright develops a belief in the customer or the audience that the proprietor cared for the work hence leading to getting a copyright.

Asset Creation:

When a proprietor gets copyright of their work, they are creating intellectual property, an intangible asset. The proprietor can sell, contract or commercially franchise their copyrighted work. Hence, they are very beneficial and bring in many monetary benefits.

Legal Rights involved with Copyright Registration

There are various types of legal rights:

  1. Rights for the copyright owner
  2. Right for Reproduction
  3. Adaption rights or Right for adaption
  4. Distribution rights or Right for distribution
  5. Right of public performance
  6. Public communication rights or Right of the communication to the public
  7. Right for paternity and integrity

0

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A lawyer with 14 years' experience, Vikram has worked with several well-known corporate law firms before joining Vakilsearch.