Creating and producing a song is hard. Imagine someone using or copying your creation without giving you due credits. Getting your song copyrighted will help you protect your creation and take action against infringements.
This article points out the copyright procedure for songs in India, emphasizing the importance of protecting creative works. It details the copyright for music registration process, benefits, required documents, and the five steps involved, from filing the application to receiving copyright registration.
The Importance of Copyright Protection for Song
Composing and copyright takes talent, time and effort. It is not something that everyone can do. While creating and releasing a song or an album might feel like a job amazingly done, you might want to take one more step before you assume that you have reached the finish line: protecting your song by registering it under copyright law.
Yes, getting copyright protection for your song is important, as it is easier than ever for people to use your work unfairly without giving you the credits you deserve. If you are a budding artist, it is more important to consider getting copyright protection as you might not have the voice enough to battle once your song has been misused.
What is Copyright Registration?
Copyright Registration in India is an intellectual property performing right that declares the ownership of the artist/creator over their works. It also gives them exclusive rights on using their creations. Moreover, it applies to musical, dramatic, literary, and creative works, producers of cinematograph movies, and sound recordings. With copyright registration, there are many benefits you enjoy including the rights of copying, information to the public, modification, and interpretation of the work. The main purpose of this registration is to give a reward to the creator or author over their work in the form of safeguarding their interest in the work.
The good news for all the song authors or producers is that now they can get protection for their song’s lyrics and music.
Benefits of Copyright for Music
- Your work cannot be violated by any other company or business firm
- The copyright registration certificate is true and valid for the lifetime of the owner plus sixty years
- Violation of the copyright is a cognizable offence and a police complaint will have a record to stop it
- Upon infringement, a civil suit can be filed at the place where the owner of the copyright is situated
- Further, to make any other productions based on a copyrighted work, they need to get permission from the owner and pay royalties if the owner wants it.
Documents Required for Copyright for Music
- For submitting a copyright application for a song, the NOC of the publisher/producer/author/composer and all other persons associated with the creation of a song should be presented.
- Two original and identical samples or copies of the work. In this case, it could be song recording and music notes is required copyright for music registration.
The Procedure of Copyright for Music in India
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Step 1: Filing the Application
The first step in the process is to fill the copyright application with the correct details through the portal of a copyright attorney. The application can be made by the candidate themselves or through someone who has been approved by them. The required documents should be submitted along with the application. Once submitted a diary number will be generated which can be used to track the application.
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Step 2: Formality Check
On the acceptance of the Copyright Application, there will be a formality examination or check. This will be to ensure that the essential requirements of getting a work copyrighted are fulfilled by your work.
If your application doesn’t pass the formality check, a letter asking for providing further details or justifications will be delivered to the applicant.
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Step 3: Waiting Period
If the application or request passes the formality check without questions or passes after your response to the queries raised, it moves to the next stage – publication, which allows third parties to object to your claim. 30 days is given for entertaining those objections. If there is no objection your application will be forwarded to the auditor for scrutiny. If there is an objection, then you have to go over one additional step.
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Step 4: Hearing
In case an objection is held on the copyright objection, a report will be given to both parties. You need to submit a reply after which the Registrar might call for a hearing. In the hearing, both parties will have a chance to perform their part. If the hearing ends in your favour, your application will be further forwarded to scrutiny by the auditor.
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Step 5: Registration Granted
Eventually, the application will proceed to the Registrar. Further, based on their final scrutiny they will decide whether or not to grant you the copyright registration. If they grant the registration, you will be informed of the same and will have complete legal rights over your song.
With Vakilsearch, applying for copyright for music is very easy because we take care of:
- Running a thorough check of the documents that you send to us
- Our experts prepare the application and file it
- We keep you updated with the processing of your copyright disclaimer application
So, apply for copyright protection with us now.
