Copyright Registration

A registration confers upon its owner sole rights to copy or reproduce the work or grant permission to another to do so.

  • Data Check

    We do a thorough check of the files you send in

  • Copyright Filing

    We then prepare the application and file the forms

  • Regular Updates

    We'll keep you up-to-date with all information passed on by the Registrar

What is Copyright Registration?


Copyright Registration confers upon its owner sole rights to copy or reproduce the work or grant permission to another to do so. The applies to literary (books, scripts, even software) and audio-visual (music, photographs, movies) works. Business entities often copyright instruction manuals, product literature and user guides. Copyright is usually owned by the creator of the work, but may also be owned by the employer of its creator or the person who has commissioned the work (unless there is an agreement to the contrary in either case). Copyrights are also transferrable.

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6 Essential Facts on Copyright


Why bother to register copyright?

Copyright recognises the exclusive rights of the creator over an original work. Music, books, manuscripts, software, films, fashion designs, even brochures and training manuals all enjoy copyright protection, even without registration. Basically, the moment you create an original work, you are its exclusive owner. However, in the commercial world, the reason why artists, publishers and corporates still bother to register the copyright on their work is that it’s the only way to approach the courts in case of a dispute.

What is the purpose of the copyright registrar?

The copyright registrar primarily serves as an office of record, a place where claims to copyright are registered and documents related to copyright are recorded. The office furnishes information about the provisions of the copyright law and the procedures for making registration, to explain the operations and practices of the copyright office, and to report on facts found in its public records.

What copyright protection do I get?

Copyright protection arises automatically the moment the author fixes the work in a tangible form (for instance when a writer writes her story) without the author having to do anything. Registering your work with the registrar of the copyright office is basically a copyright protection insurance policy. It creates a public record of the work and you can then sue anyone for copyright infringement. Furthermore, this registration is only recognised prima facie if done within five years of the creation of the work. It isn’t as if you can just postpone registration until someone actually does steal your work.

How would another party prove rights to my work?

Another party will need to prove their right to the work by showing they had a pre-existing copyright claim to the work, proving that you permitted its use, that you didn’t actually create the work or that you stole the copyright from them.

What are performer's rights?

Any person hearing it could by taking down the lecture or story in shorthand reduces it to material form. Similarly, music could be recorded on tape. Therefore, do the persons who first reduced the performance to a material form become the copyright owners of the lecture, story or dramatic performance or music? This is not so, as certain special rights (performer's rights) have been conferred upon any performer of his performance. The performer in this context includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, a person delivering a lecture or any other person who delivers a performance.

Can I copyright a film or sound recording?

In case you want to copyright a video, film or an audio recording track, it is recommended that you get an NoC from all the people involved in its making. This will protect you from any objections from them at a later date. This has become imperative now after the latest Supreme Court guidelines on sound recording and cinematography copyright registration.

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Documents Required for Copyright Registration


Personal Details

  • Name, Address & Nationality of the Applicant
    For example: Ramesh K., NLSIU Sta Quarters, Nagarbhavi P.O. Box 7201, Bengaluru - 560024, INDIAN
  • Nature of the Applicant’s Interest in the Copyright
    State whether the applicant is the author of the work or the representative of the author.
  • Nature of the Work

  • Class & Description of the Work
    Literary or artistic work, for example
  • Title of the Work
    In case of a website, give the URL of the website
  • Language of the Work
    Whether English or Hindi, or any combination of languages
  • If Published, the Date of Publication
    Publication in internal magazines, like a company magazine or a research paper submitted to a professor does not count as publication.

FAQs on Copyright Registration


  • 1. For what can copyright be obtained?
    You can get a copyright for any unique and creative content. This could range from a design, a sketch, a painting, a song recording, a music video, a movie, a poem, a book or even a short story.
  • 2. Does copyright apply to titles or names?
    Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
  • 3. What are the documents required for copyright registration?
    A copy of the work needs to be provided along with the address and identity proof of the owner is required. For a company, the name of the company along with its Certificate of Incorporation and address proof is required.
  • 4. Do I need a trademark or copyright? What is the difference?
    A trademark is a mark given to protect a brand name, logo or slogan. On the other hand, copyright is a protection given to unique content like a book, music, videos, songs and artistic content.
  • 5. After applying for a copyright, if someone else copies my content, is there any protection?
    Yes, absolutely. You must immediately send a legal notice and after sending the notice, if the problem does not get resolved, you can even file a case against the other side in a court of law.
  • 6. Is there any way to search if the content has been copyrighted by someone else in the past?
    Unfortunately, there is no such mechanism. However, you should do a thorough search on the internet, using Google or your preferred search engine to check if there is similar content available already.
  • 7. If someone claims I have infringed their copyright, what can I do?
    Typically, they will send you a legal notice claiming that you have copied their copyright. You can send a reply to this legal notice and we can help you find a lawyer who will fight your case for you.
  • 8. How long is copyright registration valid for?
    Copyright protection is valid for a duration of 60 years. If it is literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60-year period is counted from the date of publication.
  • 9. Is a copyright valid in India alone or is it valid across the world?
    A copyright is valid in India. However, if you have filed a copyright in India, you can use this as evidence before any government to prove that you were using the copyrighted content first.
  • 10. Can I sell or transfer a copyright registration?
    A copyright registration can be sold, transferred, gifted and franchised with due consent from the owner of the work.
  • 11. What rights does a copyright holder have?
    A copyright holder has the right to copy or reproduce the creative work, the right to be credited for it, the right to determine who may adapt the work to other forms and who may benefit financially from it.
  • 12. What kind of works are protected by copyright law in India?
    Any literary work, including a computer program and computer database, a sound or audio recording, including songs and recorded dialogues, a cinematographic film, including film, video and animated film. Artistic works, including paintings, sculptures, drawings such as a map, a photograph, architecture/ artistic craftsmanship and dramatic work. Finally, any musical work can be copyrighted.

Advantages of Copyright Registration


Legal Protection

Creators of original works always enjoy legal protection when their work is reproduced without authorisation. Copyright Registration, however, makes it much easier to protect this original work against infringement.

Market Presence

By registering a copyright, a public record of your work is created and a proof of ownership is established for your creative work. It can also be used in marketing and for building goodwill in the mind of the customer.

Rights of the Owner

The owner of a copyright has the rights over reproduction, dissemination, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.

Copyright Registration Process


3 Working Days

Our representatives will ask for basic details based on the work you want to copyright. You will also need to send us 3 copies of your unique content on a CD and a signed authorisation letter (we will mail this to you).

2 Working Days

Our experts will then prepare the application. We will le the necessary forms with the Registrar of Copyrights electronically at the office in Delhi.

12 Months

On completion of the copyright application, you will receive a diary number. Registration will take 12 months from this day. During this time, we may be asked for some clarifications on the same (if this is on account of an error of yours, it will cost a further Rs. 1500). Our representatives will inform you of the changes in the status of your application throughout. In case of an objection to your application, from interested parties or the examiner, you would need to file a response within 45 days.

Types of Intellectual Property


Copyright Trademark Patent Provisional Patent
Applies To
Photographs, movies, music, software code Words, logos, slogans Inventions & ideas Inventions & ideas
Applicants
Artists & creative professionals Business owners Inventors & designers Inventors & designers
Ownership Without Registration
Yes, but rights are limited Yes, but rights are limited No No
Validity
Lifetime of the author, plus 60 years Indefinite, but to be renewed every 10 years 20 years 1 year
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Why Vakilsearch


3 Working Days

If you've got all the documents and sign the authorisation letter immediately, it will take us three working days to file the application with the Registrar of Copyright in Delhi.

9.1 Customer Score

We make your interaction with government as smooth as is possible by doing all the paperwork for you. We will also give you absolute clarity on the process to set realistic expectations.

160 Strong Team

Our team of experienced business advisors are a phone call away, should you have any queries about the process. But we'll try to ensure that your doubts are cleared before they even arise.