Read this blog to learn about the entire procedure for registering a copyright in India.
Copyright Processing Time
Copyright is a type of ownership right recognised by the Indian government that ensures no illegal copies are made. To claim the copyright, one should register his right on the asset in accordance with the Act provided.India is a democratic nation where certain rights are provided to both citizens and non-citizens of India. The constitution of India gives the power to various executive bodies to create provisions for securing these rights. Read more to know the copyright processing time in India.
Whenever any right is infringed, the government takes some actions to ensure justice. Copyright is also a right provided to the creators to claim ownership of their creations. Let’s know what a copyright is and how it is registered in India.
Copyright
Copyright is one of those rights provided to an individual upon his specific ownership of any asset.
Copyright falls under the ambit of intellectual property rights. In layman’s language, Copyright in India is a right provided to the owner of an asset that ensures that no one else can copy that. Most copyright is registered on literary and artistic works like paintings, books, movies, photographs, video graphs, music, sculptures, and computer programs.
Copyrights are exclusive and awarded only to those with specific ownership rights on any creation. These rights are temporary and can end in certain circumstances, including the owner’s death here is a narrow line of differentiation between copyright and patent. Patents are rights that ensure that no unauthorized reputation of the procedure, idea, or concept can be done and claimed.
While on the other hand, copyright only restricts the copy of the expression of ideas. In a particular manner, one had already registered under the Copyright Act. The copyright holder owns every type of right related to the specific asset.
It can include marketing the asset and gaining the profit arising out of it. The copyright holder can claim the asset if anyone else uses it unauthorisedly. He may also allow the usage of the thing for any specific consideration.
Indian Context of Copyright
India has adopted the copyright laws as the Act naming Copyright Act 1957. This Act consists of various sections and provisions relating to copyright and Copyright Infringement.
The copyright register recognizes 6 types of assets to have copyright on.
These are:
- Literary works
- Musical Works
- Artistic Works
- Cinematography
- Sound Recording
- Computer Programs
Section 14 of the Act confers various associated rights to the owner of the asset. These rights are the right to adaptation, right of publication, right to reproduction, right to advertising, right to make translations, etc.
The actual copyright is obtained after the creation of the asset, not by virtue of registration. The registration of the copyright in the Copyright Register is only done to recognize the rights and prove it in subsequent disputes.
In India, copyrights are protected for 60 years. when an original creation is protected, the 60 years are calculated after the death of the owner of the right.
Types of Copyright
Generally, two types of copyrights are recognized, i.e. Economic rights and Moral rights.
- Economic rights – Under section 14, when a person who owns a particular asset has a definite right to the asset, he can generate a benefit from the copyright. Whenever a person needs permission to use the asset in an authorized manner, the owner has a right to claim monetary benefit by permitting the use.
- Moral rights – Moral rights are rights other than economic rights related to the ownership of creation. Under section 57, two types of moral rights are conferred, i.e., the right of paternity and integrity.
Required Documents
To register an asset under the Copyright Act, of 1957, you must produce these documents. The required documents are divided into the category of asset that is being registered.
-
Literary works
You need to produce these documents to register a copyrighted literary work like books, anthologies, journals, newspaper articles, novels, poetries, etc.
- Three copies of the work if it is published or 2 copies of the original work.
- DD of the application fees.
- If the work is someone else then the NOC is required.
- The vakalatnama shall be signed by the applicant if an attorney is involved.
-
Musical Works
To register a musical work like songs, music compositions, lyrics, notes, rhythms, melodies, chords, arrangements of instrumental compositions, etc., you need to produce these documents.
- Three copies of the work if it is published or 2 copies of the original work.
- DD of the application fees.
- If the work is someone else then the NOC is required.
- The vakalatnama shall be signed by the applicant if an attorney is involved.
-
Artistic Works
To register an Artistic Work Copyright, you need to produce these documents.
- Three copies of the work if it is published or 2 copies of the original work.
- DD of the application fees.
- If the work is someone else, then the NOC is required.
- The vakalatnama shall be signed by the applicant if an attorney is involved.
-
Cinematography
To register cinematograph films copyright, you need to produce these documents.
-
- Three copies of the work if it is published or 2 copies of the original work.
- DD of the application fees.
- If the work is someone else then the NOC is required.
- The vakalatnama shall be signed by the applicant if an attorney is involved.
-
Sound Recording
To register Sound Recording Copyright, you need to produce these documents.
- 3 copies of the work if it is published or 2 copies of the original work.
- DD of the application fees.
- If the work is someone else, then the NOC is required.
- The vakalatnama shall be signed by the applicant if an attorney is involved.
The application fees must be deposited via DD or through E payment. These fees start from 500 INR and can rise to 5000 INR depending upon what thing you are registering under the Copyright Act.
How to Register a Copyright?
- Application filing
An application is filled correctly, and all the necessary documents mentioned must be submitted. An individual application shall be filled out for every specific work that must be registered.
The specific fees also need to be paid according to the thing you need to register. After successfully filling out the application, the registrar will provide a dairy number.
- Examination
After the application is filed, an examination is conducted to ensure the legitimacy of the ownership. In this examination, if any claim arises both parties are called to show cause. If the applicant fails to ensure legitimacy, the application gets rejected.
But if there is no claim, the application gets forwarded.
- Issuing certificate
After the approval of the application, a certificate is issued claiming the registration of the copyright.
Time required for Copyright Processing
The required time depends on the whole process. Generally, the entire process takes 2 to 3 months but if any dispute arises regarding the copyright, it can take 10 to 12 months.
Conclusion – Copyright Processing Time
Creative creation has a great value in building your identification in society. But if your creation is used without your authorisation and no credit is given, you will lose an opportunity. Sometimes monetary benefits can also be gained by using these creations so know your rights and register copyrights on your creations.
Read more,
