Process of registration of copyright
Registration of Copyright
In India, the copyrights registration is taken to create proprietary rights in the field of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings.
Process for Copyright Registration
Step 1: Filing Application
Application must be submitted with the Copyrights Authority with requisite fees which can be paid either in Demand Draft or through online payment options. Once this application is filed, a unique diary number is generated and allotted to the Applicant.
With the diary number, the Applicant can track the status of the application.
Further, within 30 days of filing of the Application, the Applicant has to submit the work (which is to be copyright) with the authorities.
Step 2: Examination
Once the Application is filed and work is submitted, the application will be sent to the examiner of Copyrights.
After, examination of Application, the examiner will either accept the Application or will raise their objections (if any).
In case of zero discrepancies:
This indicates that the application has complied with all requisite criteria needed for the copyright registration.
In case of objection:
In case of objection raised, legal reverts has to be filed within due time.
In case of Oppositions:
Authorities channelize letters to the 2 involved parties, attempting to win over them to require back the objection After requisite replies from the third party, the registrar conducts a hearing.
Step 3: Registration
As is seen from the aforesaid steps, the registration only depends on the Learned Registrar. Once objection has been removed, copyright registration is issued and thereafter, proprietor can lawfully exercise all rights that go together with the ownership of that copyright.
Copyright could be a style of property law. it’s registered to shield original items of labor like music, art, literature, cinema/film, photography, or a worm. There are in-depth classes that may be registered for copyright by the creators. It provides exclusive and complete rights to the creator of the work.
Need for Registration of Copyright
The awareness of holding Laws is significantly low among the social control authorities in India, and most of the scientific discipline judicial proceeding is confined to metropolitan cities. Despite the very fact that the registration of copyright isn’t necessary in India and is protectable through the International Copyright Order, 1999, it’s advisable to register the copyright because the copyright registration certificate is accepted as a “proof of ownership” everywhere and being a government registration, it give recognition at every place whether it is in courts, disputes, online forums, companies, channels etc. If a person
is having copyright registration of his work, it provides ease in proving the ownership and also taking advantage of ownership.
Process of registration of copyright:
Step 1: Go to the website http://www.copyright.gov.in
Step 2: Create a User Id on the website
Step 3: Login by entering the User Id and Password
Step 4: Go to the Online Services and under e-filing of Applications, click on Online Registration of Copyright.
Step 5: The copyright application is divided into 4 steps such as Form XIV, Statement of Particulars, Statement of Further Particulars and Payment Details.
Step 6: Finish the Form XIV by entering the basic details of the applicant.
Step 7: Further, in Statement of Particulars following mandatory details are to be mentioned:
Name, address and nationality of the applicant
Signature of the applicant which shall be in jpg and jpeg format with file size less than 512 KB.
Nature of the applicants interest in the copyright of the work
Class of the work such as Literary/Dramatic, Artistic, Cinematographic Film, Sound Recording, Music or Computer Software.
Title of the work
Language of the work
Name, address and nationality of the author and if the author is deceased, the date of his decease.
Names and addresses and nationalities of the owners of the various rights comprising the copyright in the work and the extent of rights held by each, together with particulars of assignments and licenses, if any If the work is an ‘Artistic work’ which is used or is capable of being used in relation to any goods or services, the application shall include a certificate from the registrar of trade marks in terms of the proviso to sub-section (1) of section 45 of the Copyright Act, 1957).
Step 8: Further, fill up the details in Statement of Further Particulars
Step 9: Proceed for payment through Demand Draft, IPO or e-Payment.
Note: Payment details are to be made in favor of Registrar of Copyrights, payable at New Delhi
Step 10: After successful submission of form diary number shall be generated.
Fee for Registration of Copyright
| Particulars | Fees |
|---|---|
| License to republish a Literary, Dramatic, Musical or Artistic work | Rs. 5,000/- per work |
| License to communicate any work to the public by Broadcast | Rs. 40,000/- per applicant |
| License to republish a Cinematograph Film | Rs. 15,000/- per work |
| License to republish a sound recording | Rs. 10,000/- per work |
| License to perform any work in public | Rs. 5,000/- per work |
| License to publish or communicate to the public the work or translation | Rs. 5,000/- per work |
| License to publish any work in any format useful for person with disability | Rs. 2,000/- per work |
| Application for a license to produce and publish a translation of a Literary or Dramatic work in any Language | Rs. 5,000/- per work |
| Application for registration or copyright in a Literary, Dramatic, Musical or Artistic work | Rs. 500/- per work |
| Application for registration or copyright in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services | Rs. 2,000/- per work |
| Application for change in particulars of copyright entered in the Register of Copyrights in respect of a Literary, Dramatic, Musical or Artistic work | Rs. 200/- per work |
| Application for change in particulars of copyright entered in the Register of Copyrights in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services | Rs. 1,000/- per work |
| Application for registration of Copyright in a Cinematograph Film | Rs. 5,000/- per work |
| Application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film | Rs. 2,000/- per work |
| Application for registration of copyright in a Sound Recording | Rs. 2,000/- per work |
| Application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording | Rs. 1,000/- per work |
| Taking extracts from the indexes | Rs. 500/- per work |
| Taking extracts from the Register of Copyrights | Rs. 500/- per work |
| A certified copy of an extract from the Register of Copyrights of the indexes | Rs. 500/- per copy |
| A certified copy of any other public document in the custody of the Register of Copyright or Secretary of the Copyright Board | Rs. 500/- per copy |
| Application for prevention of importation of infringing copies (Section 53) per place of entry | Rs. 1,200/- per work |
Period for Registration of Copyright:
The period of registration is as follows:
Once an application is filed, you will receive a diary number.
After receiving a dairy number, you have to mandatorily wait for a period of 30 days, to ensure that no objection is filed against your claim in the Copyright Office.
If any objection is filed, hearing opportunity is given to both the parties, to decide whether to register the work or not.
If no objection is filed the application is examined by the examiners.
In case of discrepancy, 45 days period is given to the applicant to remove the application.
Usually, if everything is smooth it takes a period of 3 to 4 months for registration.
Documents Required for Registration of Copyright:
| Type of Work | Documents to be submitted online |
|---|---|
| Artistic | > Authorization from author > Search Certificate from Trade Mark Office (TM -60) with their forwarding letter > If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney |
| Cinematographic Films | > Authorization from author/publisher > If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney |
| Music | > Authorization from author/publisher > If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney |
| Literary/ Dramatic | > Authorization from author/publisher > If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney |
| Sound Recording | > Authorization from author/publisher > If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney |
| Software | > Authorization from author/publisher > If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney |