CopyrightsLegal Advice

Who Can File a Copyright Filing Application in India?

Copyrights provide exclusive rights to a creator over his original work. The creator gets legal protection that lets him enjoy the monopoly of his work, royalties, and reputation for his work. This article briefly explains all about copyright registration in India.

What Are Copyrights?

The Copyright Act, 1957 governs the rights entitled to the original author or creator of work. Copyright protects the right of the creator over his tangible work to reproduce, publish the work, or copy the work, for monetary gains or otherwise. The rights provided by the Act are exclusive to the owner, who can reproduce, generate copies, translate, sell, or rent his work.

Who Is Legally Entitled to File a Copyright Application?

As per the Act, the following are legally eligible to file a copyright application:

1. The Author

An author of a work is a person who

  • Has actually created the work, or
  • Has been a party to the making of the original work, an employer if the work was made during the scope of employment. Such an arrangement is called “work made for hire.” or
  • Has legally been allowed to get a copyright for his or her work.

2. The Original Owner

The Copyright Act provides a person with exclusive rights to use, control, and distribute his original works. The right to make copies of the original work, publicly perform the work, communicate the work to the people, and make variations or derivatives to the original work, are some of the exclusive rights entitled to the owner of the original work. Therefore, the owner of the original work is eligible legally to file a copyright application in India, and claim their work.

3. An Authorised Agent

An authorised agent can also apply to obtain the registration of copyright on behalf of:

  • The author, or
  • The owner of the original work. Or.
  • The copyright claimant.

FILE A COPYRIGHT APPLICATION

Is There Any Age Limit to Filing a Copyright Application?

The law has not set out any age limit to apply for copyright registration. This means even a minor can be entitled to register a copyright. This is because the copyright law understands that creativity has no age bar, and no age has any restriction on creativity. It is also to be noted that if two or more people have contributed to one work, then they are to be the co-owners of the work, unless and until they have agreed to a different kind of setting.

What are the works that can be registered for copyright?

Copyright in India can be obtained for any original work, which would fall in the area of:

  • Musical work
  • Work of literature, like books and manuscripts
  • Cinematographic films
  • Fashion designs
  • Artistic works like sculptures, and paintings
  • Sound Recordings
  • Any software or other kinds of computer programs and compilations.

However, one must note that titles, names, concepts ideas, slogans, short phrases, and methods do not come under the purview of copyright protection.

Why Registering Copyright Is Important?

The law does not demand one to register, to claim ownership over his work. Though it is not a necessity demanded by law, it is suggested to register a copyright to undertake the expanded benefits of copyright protection. If in case, any copyright infringement dispute arises, a certificate of copyright obtained after registering is considered as a shred of admissible evidence to prove the ownership over the copyright in the court of law.

The owner of the registered copyright is reimbursed for all damages caused, including the attorney’s fee, in case a dispute of infringement is held in the court. However, the owner of unregistered copyright gains back only for some of the damages caused.

What Are Some Exclusive Rights of A Copyright Owner?

Copyright registration provides certain exclusive and complete rights to the owner of the work. Such rights include:

  • The right to choose to reproduce the work, or authorise someone else to do it
  • To generate a derivative from the original work by himself or by any person authorised by him
  • To distribute copies of his work to the public in any form, even online on the internet. Also, the sale or transfer of the ownership, renting of the work, and leasing the work come under the exclusive rights of the owner.
  • Displaying off or performing the original work to the public.

It is to be noted that these rights apply to all kinds of work protected by copyright registration like music, drama, choreography, audio visual works, sound recordings, and cinematographic films.

What Is the Term of a Copyright?

Copyright comes into existence once the work is completed, and remains until after sixty years from the date of death of the author or the creator.

The Takeaway

To enjoy the exclusive rights and the expanded protection, it is a must that you register your copyright. For registering a copyright, you should reach out to the experts and advisors at Vakilsearch. You can upload all the documents to a user-friendly dashboard, and the experts at Vakilsearch will apply online for the registration while securing your data and work.

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