Copyright Registration

Why put it off any longer? Let’s safeguard your original material!

Contact us to know more about how we can help you with Copyright Registration

What is Copyright Registration?

An Overview

A copyright is a legal right which protects the copying of someone’s creative work. One can register the Copyright under, “The Copyright Act, 1957”. Copyright registration in India gives monetary rights to the creator so that they earn from their creation by making copies, publishing in public, distributing their work with the public, etc. Copyright registration is applicable for the following categories –

Music
Books
Manuscripts
Films
Fashion Designs
Training Manuals
Software
Literay Work
Performance
Painting

Symbol Of Copyright

Circled C symbol “©” is the Designated copyright symbol as per the Copyright Registration Act, 1957 . This circled C can be used for all creative works except sound production, which is denoted by a circled P mark.. This mark indicates that the creation is officially registered and the same design used by any third party is illegal & punishable.

Benefits

Prevention of monetary loss
We all are aware of the word "Pirated" music DVDs, Movies, etc. which is an enormous loss for the original creator. Movies or other software are illegally downloaded and shared in our youth. Copyright acts allow the creator to take legal action against such frivolous acts and thereby prevent monetary loss.
Legal Protection
A copyright registration gives shelter to the original creator. For example, without any registration, a music creator may make similar music to the one which was produced earlier. Without registration, it becomes difficult to prove your work in court.
Pre-emptive measures
If you see someone copying your work, you can send him the 'cease' notice so that it doesn't bother much at the time of the legal case. Also, it saves lots of valuable time as well as money.
A motive to create
The creator does the copyright registration for the reason of earning money, and the copyright act ensures the creator gets the benefits for his/her creation. Similarly, the music creator can make a new music without worrying about it being copied and shared without consent.
Fame or Prestige
Another advantage of copyright registration is that the holder gets the fame/prestige that the creation is done by him/her.

Documents Required

Based on the type of your creativity, the following documents are required

Type of Work	Documents Required
Artistic	1) 2 Copies of work 2) DD/IPO of ₹ (as applicable) per work 3) NOC from the author himself if the applicant is not the same as the author 4) NOC from a publisher if work published and publisher is different from applicant 5) Search Certificate from the Trade Mark Office (TM -60) if the work used on goods or capable of being used on the goods 6) NOC from a person whose photograph appears on the work 7) If the application filed through an attorney, a specific Power of Attorney in original correctly signed by the applicant and accepted by the attorney
Cinematograph Film	1) 2 Copies of work 2) DD/IPO of ₹ (as applicable) per work 3) NOC from different copyright holders or copy of the agreement (deed of Assignment) 4) NOC from a publisher if work published and publisher is different from Applicant 5) If the application arranged through an attorney, a specific Power of an Attorney in original correctly signed by the applicant and accepted by the Attorney
Music	1) 2 Copies of work (Graphical Notes) 2) DD/IPO of ₹ (as applicable) per work 3) NOC from a publisher if work published and publisher is different from Applicant 4) NOC from the author if the applicant is other than the author 5) If the application filed through an attorney, a specific Power of Attorney in original correctly signed by the applicant and accepted by the Attorney
Literary/ Dramatic	1) 2 Copies of work 2) DD/IPO of ₹ (as applicable) per work 3) NOC from a publisher if applicant is other than publisher and work is Published 4) NOC from the author if the applicant is other than the author 5) If the application filed through an attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the Attorney
Sound Recording	1) 2 Copies of work 2) DD/IPO of ₹ (as applicable) per work 3) NOC from different copyright holders or copy of the agreement (deed of Assignment) 4) NOC from a publisher if work published and publisher is different from Applicant 5) If the application filed through an attorney, a specific Power of an Attorney in original correctly signed by the applicant and accepted by the Attorney
Software	1) 2 Copies of work 2) DD/IPO of ₹ (as applicable) per work 3) NOC from the author himself if the author is not the same as the applicant 4) NOC from a publisher if work is published and publisher is different from the applicant 5) If the application filed through an attorney, a specific Power of an Attorney in original correctly signed by the applicant and accepted by the attorney 6) Source code and object code of work for verification

Other Common Documents
Applicant details such as name, address and nationality
PAN Card of applicant
Certificate of Incorporation (if any)
Date of first publication of creative work (if any)
The application should be signed by the applicant only. Applicants should also ensure that no obscene material is available in the CD submitted along with the application.

Process

Step 1: Prepare and submit application
Step 2: Diary number will be issued by the registrar.
Step 3: Mandatory waiting of 30 days for objection.
Step 4: After an objection filed, there are two possibilities, which are as follows:
In case if no objections are raised, the examiner goes ahead to review and scrutinizes the application to find any discrepancy.
- If there is no fault and all the essential documents provided along with the application, it is a case of zero discrepancies. In this case, the applicant is allowed to go forward with the next step.
- In case some discrepancies are found, a letter of discrepancy sent to the applicant—a hearing conducted by the registrar based upon his reply. Once the discrepancy is resolved, the applicant is allowed to move forward to the next step.
In case objections are raised by someone against the applicant, letters are sent out to both parties and the registrar calls for a hearing.
- Upon hearing if the objection gets rejected, the application goes ahead for scrutiny, and the procedure for discrepancy mentioned above is followed.
- In case the objection is not clarified, or discrepancy is not resolved, the application is rejected and a rejection letter sent to the applicant. For such applicants, the copyright registration procedure ends here.
Step 5: The final process termed as registration. The process registration of Copyright completes when the applicant is issued the Extracts of the Register of Copyrights (ROC).

How will we help you?

We at ICI can help you register your creative work under copyright to enjoy complete ownership of your creation. We shall provide you with complete legal services in relation to copyright registration.

Simply click here and submit a request, our team will get in touch with you
We shall collect basic information and documents from you
Based on the discussion our professionals will draft the application and verify the documents
Application along with all the documents will be submitted to the department after which we shall wait for the department to accept or reject the application.
Throughout this process, your dedicated manager will keep you updated on the progress of the application.

FAQs

a. Can someone sue me from a foreign country for Copyright?

Yes, if you copy foreign countries’ work, you’ll be sued under the terms of the foreign jurisdiction’s copyright law.

b. How is Copyright different from trademark and patent?

Copyright protects the owner’s original work. A patent protects inventions and discoveries. Trademark protects words, phrases, symbols or designs identifying the base work.

c. Can I Copyright my brand name?

No, names are not protected by copyright law. However, it can be protected by trademark law.

d. Can I Copyright my website content like blog posts, photos etc ?

Yes, you are allowed to copyright the original content on your website. Domain names cannot be however protected under the copyright law.

e. How long is the validity of a copyright?

Broadcasting	25 years from the beginning of the calendar year following the year it was broadcasted
literary, dramatic, musical or artistic works	60 Years from the year following the death of creator
cinematographed films, sound recordings and photographs	60 years from the date of publication

f. What can I do with my Copyrights?

You can transfer, sell, assign or license your copyright for-profit or non-profit motive

g. Can Copyright be renewed in India?

Yes, renewal of copyright is possible by filing the renewal application.

h. What cannot be copyrighted in India?

» Procedures, Ideas, methods, and systems

» Unwritten speeches

» Discoveries

» Commonly known information

» Choreographic Works

» Names, Titles, Short Phrases, or Expressions

» Fashion

i. What are penalties in case of copyright infringement?

The minimum punishment is a fine of ₹ 50,000 and an imprisonment of 6 months

j. Still have doubts?

Speak to our experts who shall solve all your doubts.
Call us at +91 7738 066 334 or Mail us at info@indiacompanyincorporation.com

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