For artists and creators, copyright law is what protects their rights and ownership over their creations.
Copyright is an exclusive authorization right and protects the original work done. It applies to various innovative ideas, intellectual properties, scholarly work, or artistic forms. The main purpose is to reward the author. It will be protected once the work is recognised.
Registration is not mandatory, as registration is just a factual record. So, the owner of the original work can use the symbol ‘©’ to show their rights. Once the work is registered, the work is protected till the author’s lifetime plus 60 years.
How Copyright Registration Protects Your Work
It is important to protect your work after you create it. This is because copyright infringement is a serious case of fraud where somebody can take ownership of your original work. Copyright registration serves as a legal cornerstone for protecting intellectual property. It safeguards original works of authorship, including literary, musical, dramatic, artistic, and certain other intellectual works. Here’s how copyright registration protects your work:
Legal Recognition: Registering your copyright grants formal acknowledgement of your ownership, providing a public record that establishes your claim to the work.
Exclusive Rights: It confers exclusive rights to reproduce, distribute, perform, display, or license your work, and to create derivative works based on the original. This means you can control how your work is used and who can use it.
Infringement Protection: With a registered copyright, you can take legal action against infringement in federal court. This is crucial for enforcing your rights and seeking damages from those who unlawfully use your work without permission.
Eligibility for Statutory Damages: In cases of infringement, registered works may be eligible for statutory damages and attorney’s fees in successful litigation. This can be a significant advantage over merely relying on actual damages, which can be harder to prove.
Deterrence: The existence of a copyright registration can act as a deterrent to potential infringers, as it signals that the creator is serious about protecting their intellectual property.
International Protection: Under the Berne Convention, works copyrighted in one member country are protected in all other member countries, extending your copyright’s reach beyond national borders.
Licensing and Assignment: Copyright registration facilitates the licensing and assignment processes, allowing you to monetize your work through various channels while retaining control over its use.
Preservation of Rights: It helps in preserving the rights for future use, especially in the digital age where content can be easily copied and distributed. Having your work registered means you have a solid foundation to protect and control the use of your work over time.
How To Register for a Copyright in 3 Steps
- Determine Eligibility and Gather Requirements:
- Original work: Copyright protects original creations like literary works (books, poems, articles), musical compositions, artistic works (paintings, sculptures, designs), and cinematographic films.
- Fixed in a tangible medium: The work must be expressed in a physical form, like writing, recording, or a drawing.
- Authorship: The work should be created by an Indian citizen, a resident of India, or first published in India.
- File Your Application:
- Online or Offline: You can file electronically through the Indian Copyright Office website or submit a physical application by post or in person at the office.
- Online Filing: The online system guides you through the process. You’ll need to upload scanned copies of the required documents and pay the fee online.
- Offline Filing: Fill out Form XIV and the Statement of Particulars, include a copy of your work, and submit it along with the demand draft to the Copyright Office.
- Track Your Application and Receive Registration:
- Processing Time: The Copyright Office typically takes 2-3 months to process applications.
- Scrutiny and Communication: The office may request clarifications or additional information during the review.
- Registration Certificate: Upon successful registration, you’ll receive a copyright registration certificate as proof of ownership.
Benefits of Registration
Section 45 in the Copyright Act Public Performance, 1957 states that any interested party can register their copyrights. If it is registered, the certificate can be used as evidence in court if any dispute arises on creation. So, Online Copyrights Registration protects the original from the duplicate or replicated version.
- Public record- Copyright registration creates a public record showing that a creator has claimed ownership of their content and got the authorization. This informs the public that the work is protected and that they need to seek permission if others want to use it. Otherwise, it will lead to copyright infringement. The certificate is used as proof of the original work protection if the unpublished work is registered or registered within five years of publication.
- Legal purpose- The registration certificate will avoid the legal cost of the owner if any dispute arises in work. This can be provided as proof of ownership, reducing the legal burden. The registration certificate lessens the judge’s work as the owner attains statutory authority. Also, the Copyright Act provides a special jurisdiction to file an infringement suit at the owner’s registered office.
- Damages- In the case of its infringement, big or small, the creator and the content are guarded against actual damage if the content is protected. For claiming damages, the work should be registered within three months of the publication or before anyone infringes.
Other Benefits
- If any dispute arises, the Cinematograph Films Copyrights registration plays a significant role in determining the work’s first creator because the registration application shows the date of filing.
- They are a one-time registration process. So, the registration doesn’t require renewal unless there is a change in the owner’s particulars, thereby reducing the maintenance cost.
- The registered copyright: https://copyright.gov.in/ is mandatory for carrying on trade.
- The registration motivates the individual with a sense of accomplishment and encourages them to create more original work. Thereby helping them realize their true potential.
- If the work is registered, the owner can produce or distribute the copies or even broadcast or give permission to use their work through which they can earn.
How to Obtain Copyrights?
- Form XIV application should be filed
- The application should be filed separately for each work, along with six hard copies and three soft copies of the work
- The application should be filed and signed by the owner and countersigned by their advocate
- Fees are paid to the registrar of copyrights as prescribed.
- After receiving the diary number, the applicant has to wait 30 days to know whether there is an objection to their work. If an objection is received, the officer will call for the parties and hear them. However, the decision of the scrutiniser is final; they can either approve or reject the application
- If no objection is received, the application will be registered
While the advantages of Copyright Literary Work are immense, they are only applicable if it is registered. To that end, complete the registration process using the simple steps described in the article to safeguard your work!
FAQs
How much does copyright cost in India?
In India, the government fee for registration varies based on the nature of the work but generally ranges from ₹ 500 to ₹ 5,000. Professional fees for assistance might be additional.
How can I get a free author's right?
Author's right protection is automatic and free as soon as an original work is created and fixed in a tangible medium of expression. No formal registration is required to obtain copyright.
How do I get permission to copyright?
To obtain permission, contact the copyright owner or their representative. Specify how you wish to use the work, and they may grant a license outlining the terms of use.
How do I get an author's right for a document?
Copyright in a document arises automatically upon creation. For additional legal protection, you can register the copyright through the appropriate government body.
Can I file my own copyright?
Yes, creators can file their own copyright registrations. In India, this can be done online through the Copyright Office's official website or by submitting physical forms.
Who gives copyright in India?
The Copyright Office, under the Department of Higher Education, Ministry of Education, Government of India, is responsible for copyright registration in India.
What is an example of a copyright?
An example of copyright is the exclusive right held by an author over their novel, allowing them to control publication, distribution, and adaptation rights.
How much does it cost for copyright?
The cost varies by country. In India, government fees range from ₹ 500 to ₹ 5,000, depending on the work type. In the U.S., the basic online registration fee is $65 for most types of works.
How can I get author's right in India?
You can apply for copyright registration in India online through the Copyright Office's official website or by submitting physical application forms along with the required fees and supporting documents.
How do I claim copyright on YouTube?
To claim copyright on YouTube, you must own all the rights to the content you upload. If someone uses your copyrighted material, you can file a Content ID claim through YouTube's copyright management system.
Is copyright legal in India?
Yes, it is a legal right in India, governed by the Copyright Act, 1957. It protects the rights of creators and authors of various works.
What is the difference between copyright and trademark?
Copyright protects original works of authorship, like books, music, and art. Trademarks protect symbols, names, and slogans used to identify goods or services. Both offer different types of intellectual property protection.
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