Copyright registration in India grants its proprietor sole rights to distribute, replicate,
reproduce the work or give authorization to another entity for the same.
We do a thorough check of the files you send in
We then prepare the application and file the forms
We'll keep you up-to-date with all information passed on by the Register
By law, copyright is the legal right entitled to creators of literary, dramatics, music, and artistic work and producers of films and recordings. When a proprietor registers for a Copyright, it gives him an exclusive right to reproduce, replicate, and distribute the work. Further, he can grant authority to some other entity for the same purpose. Register for copyright because it makes you communicate to the public, reproduce rights, and adapt & translate the works.
The process for registering copyright involves the following steps:
Step 1: The copyright registration application has to be filed in the concerned forms with the Copyright Registrar, mentioning the particulars of the work.
Depending on the type of work, separate copyright applications may have to be filed.
Our representatives will ask for basic details based on your copyright work. You will also need to send us three copies of your work and few signed documents including an authorisation letter that we will send by email. If the work is unpublished, two copies of the manuscript can be sent, where one copy will be returned to the applicant with seal and the other will be retained confidential with the Copyright Office. Applicants can also choose to send only the extracts of the manuscript instead of the whole unpublished copy.
Step 2: The forms must be duly signed by the applicant and the application must be submitted by the Advocate under whose name Power of Attorney has been executed.
Our experts will then prepare the copyright registration application and submit the necessary forms with the Registrar of Copyrights electronically.
Step 3: Once the application is submitted online, you will be issued the Diary number.
Step 4: There is a waiting period of 30 days within which the Copyright Examiner reviews the application for potential discrepancies and/or objections.
Step 5: If discrepancy and/or objections are found, discrepancy notice will be issued and the same needs to have complied within 30 days from the date of issuance of the notice.
Step 6: Once the discrepancy has been removed or if there are no discrepancies or objections with the application, the copyright shall be registered and the Copyright Office shall issue the Extracts of Register of Copyrights (ROC) which is nothing but the Registration Certificate.
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 and/or some defects in the application and it will cost a further Rs. 1500 for responding and complying with the defects. Our representatives at Vakilsearch will inform you of the changes in the status of your application throughout.
Nature Of The Work
The Copyright Act, 1957 prevents unauthorized use of any original literary, musical, dramatic, sound recordings, cinematograph and other artistic works. Both published and unpublished works can be copyrighted, and the copyright of the original work is reserved for the original creator. Copyright can also be registered for works that were published before 21st January 1958, that is before the Copyright Act came into existence.
Copyright protection of original literary, musical, dramatic, and artistic works lasts for the entire lifetime of the author. In addition, it also for another 60 years counted from the year following the death of the author. In the case of sound recordings, cinematograph films, photographs, posthumous publications (published post the death of the author), anonymous and pseudonymous publications, government works and works of international organisations.
In India, the Indian Copyright Act 1957 handles matters related to copyright. It protects the economic, legal, and social interests of the copyright owner. The Act confers exclusive rights on the owner on the following aspects-
Right of Reproduction
The Copyright Act mandates that no individual can make copies of or reproduce a protected work, in part or whole, without permission from the copyright owner. Thus, it restricts copying a song, any sound, or any form of video recording in a recording device.
Right of Adaptation
The Copyright Act gives exclusive rights to the creator to use his piece of work the way he wants. He can create any derivatives of his original work. He can also prepare a new work in a different format, based on his existing creation. The Copyright Act defines the following actions as “adaptation”:
Right of Communication To The Public
The Act gives exclusive rights to the copyright owners to broadcast their original work to the public. They can do this by wireless diffusion in any form of visual images or signs.
Right of Public Performance
The Act gives exclusive rights to the owners of artistic and musical work to perform their works in public. An actor can make a public performance in any of his plays. A musician can play his piece of original music for the masses. Similarly, artists can broadcast their performances in public on any platform they want.
Right of Paternity And Integrity
The Copyright Act bestows the twin moral rights of integrity and morality on the creators of original work. The right of attribution or paternity implies that the owner/creator can claim the sole authorship over his piece of work. In other words, he can have it attributed to himself. Anyone wishing to adapt or reproduce the original work needs to give the author his due credit. Else, the author will be at liberty to file a legal suit against the ‘unauthorised’ maker. For example, before making a movie based on a particular book, the maker must acknowledge or give credit to the author.
The right of integrity provides a different kind of protection to the copyright holder. If any individual mutilates, modifies, or distorts the original work of the copyright holder, he can claim damages from the individual. This is done on the pretext that such an act has caused the loss of reputation to the creator and his original creation.
Right of Distribution
The Copyright Act provides exclusive rights on the copyright holder to distribute his work in whatever form he likes (through selling, reproducing, leasing, lending or renting). If he wishes, he can also transfer certain rights to another person to use the copyright in part or whole, subject-specific limitations.
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.
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. Relying on the work, you will have some variations in the composition of the rights.
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.
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.
At Vakilsearch, our Copyright professionals and lawyers will offer legal advice and end-to-end support right from filing the application, collecting the details, till your work gets registered. The entire process is done online so there is no need for you to step out and follow up with the government authorities. We will take care of all the mandatory requirements as well.
The DPIIT Proposes Amendments To The Indian Copyright Rules.
November 18, 2020
In an effort to increase transparency and provide improved clarity to copyright holders, the Department for Promotion of Industry and Internal Trade (DPIIT) proposed a set of amendments to the Indian Copyright Rules. Additionally, the Copyright Office of the DPIIT has invited comments and suggestions to make changes to the Copyright Act before November 30, 2020.