For artists and creators, copyright law is what protects their rights and ownership over their creations. Learn how to obtain copyright protection in India.
Copyright is an exclusive right of authorisation and provides protection for the original work done. Copyright is applicable for a wide range of innovative ideas, intellectual properties, scholarly work, or artistic forms. The main purpose of copyright is to reward the author. The copyright will be protected once the work is recognised. Learn how to obtain copyrights by reading this article.
In India, registration is not mandatory as the registration is just a factual record. So, the copyright owner can use the symbol ‘©’ to show their rights. Once the copyright is registered the work is protected till the author’s lifetime plus 60 years.
Benefits of Registration
Section 45 in the Copyrights Act, 1957 states that any interested party can register their copyrights. If the copyright is registered, the certificate can be used as evidence in court, if any dispute arises on creation. So, the copyright registration protects the original one from the duplicate or replicated version of the same.
- Public record- The copyright registration creates a public record showing that a content creator has claimed ownership of their content and got the authorisation. This informs the public that the work is protected and if others want to use the work, they need to seek permission. Otherwise, it will lead to copyright infringement. If the unpublished work is registered or registered within 5 years of publication, the certificate is used as proof for the original work protection.
- Legal purpose- The copyright registration certificate will avoid the legal cost of the owner if any dispute arises in the work. This can be provided as proof of ownership thereby reducing the legal burden. The registration certificate lessens the work of the judge as the owner attains statutory authority. Also, the Copyright Act provides a special jurisdiction to file an infringement suit at the registered office of the owner.
- Damages- In the case of copyright infringement, big or small, the creator and the content are guarded against actual damage if the content is copyrighted. For claiming damages, the work should be registered within 3 months of the publication or before anyone infringes.
- If any dispute arises, the copyright registration plays a significant role in determining who the first creator of the work is because the registration application shows the date of filing.
- Copyright is a one-time registration process. So, the registration doesn’t require renewal unless there is a change in the owner particulars, thereby reducing the maintenance cost.
- The registered copyright is mandatory for carrying on trade.
- The copyright registration motivates the individual with a sense of accomplishment and encourages them to create more original work. Thereby, helping them realise 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 – The Process
- Form XIV application should be filed
- The application should be filed separately for each work along with 6 hard copies and 3 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 for 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 scrutinizer is final; they can either approve or reject the application
- If no objection is received, the application will be registered.
While the advantages of copyrighting work are immense, they are only applicable, if the copyright is registered. To that end, complete the process of registration using the simple steps described in the article to safeguard your work!
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