Copyright Registration Documents, Benefits Eligibility, Process & Validity

What is Copyright Registration

Introduction

The law has given the copyright rights to artistic works, musical, dramatic, and literacy & sound recordings. It is mainly given from creators of artistic works, musical, sound recordings, dramatic, and literacy to law. In reality, it is a package of rights that includes the translation of work, adaptation, public communication, and reproduction rights. In the configuration of rights, there should be a little bit of variation that depends on the work. It ensures the minimum protection of the author’s rights over their formation by rewarding and safeguarding creativity.

The copyright registration is inspired by forbidding any court proceedings against the work contravention till that work is registered in the Copyright office. This means that copyright will only exist when registered. Copyright protection is given to sound producers, filmmakers, designers, architects, dramatists, musicians, writers, artists, and many more. They all create an environment where creativity flourishes that also encourages more and more creativity.

What is Copyright?

Copyright gives security to the original work of the creator. It is mainly an intellectual property right that gives out to its creator. Other entities or individuals can only use the work of the creator with his permission. Work includes computer programming, recordings, cinematography, artistic, software, scripts, books, etc. The companies often copyright user guides, brochures, product literature, website content, and instruction manuals. You can also transfer copyrights to somebody else—copyright aids in safeguarding owners’ rights of work by rewarding and protecting their creation.

Extent and Scope of Copyright Registration

You can register both unpublished and published work. The work published before 21st January 1958 means before the commencement of Copyright Act, 1957can also get registration by providing their work and enjoy the copyright. Along with the application, you will send 3 published work copies.

If you want your unpublished work to be registered, then a manuscript copy has to send with the stamp affixing application of the Copyright Office in proof of the registered work. If 2 manuscript copies are sent then 1 copy of the same will be returned with the stamp and the other copy will be hold on till it is possible in the Copyright Office for keeping a record & it is kept confidential. The applicant only sends the extract from the unpublished work rather than the whole manuscript &, after the stamp with the Copyright office seal, demands the return of extracts. When you have registered your work as unpublished and lately published, you can apply for changes that you have entered in the Copyright register with the fees prescribed.

You can copyright all types of artistic and literary works and file applications for copyright for other computer programs or your website. Computer programs or software can be recorded as literary work. The literary work includes compilations, tables, and programs per sec 2 (o) of the Copyright Act, 1957. Along with the copyright registration application, source code is also supplied for software products.

The procedure of Copyright Registration

The copyright registration procedure is discussed below:-

Registration applications should be made on the given first schedule in the rules.
For registration of each work, a separate application must be made.
All applications must go along with the prescribed fees in the second schedule of the rules.
The application of registration must be signed by the advocate or the applicant in whose favor a power of attorney is accomplished. The second party signs a power of attorney, and the advocate accepts it. It must be included.

Processing Application time

After filing the application and receiving a dairy number, a 30 days compulsory period wait is required. In the Copyright office, no demur is filed in opposition to your claim of the work you have created.

Benefits of Copyright Registration

The benefits of Copyright registration are given below:-

Legal Protection:- The owner of copyright will get various rights with copyright registration over dissemination, adaptation, translation, distribution, and reproduction of work.
Brand Value:- When creators’ work is copied without authorization, they can enjoy legal protection exclusively.
Worldwide Protection:- There is ownership proof as the owner has copyright registration, and the owner can use it for marketing purposes and create goodwill.
Copyright is an asset: If the work was copyright outside India, it provides a similar advantage to that work in India.
Owner Publicity:- For the owner, copyright is an intellectual property that’s why it is known as an intangible asset that can be franchised or sold.
Economic Stability:- The registration of copyright leads the work to be known worldwide as it becomes browseable in the database of the copyright registry. Finally, nobody can use the work without the author’s authorization when all things are done regarding copyright registration.

With the help of copyright registration, economic stability was ensured because the creator could produce his art in the form he likes.

Register of Copyrights Registration

Register of Copyrights is kept in the Copyright Office as written under section 44 that includes titles, names, or works and address and name of the owner for copyright or other documents as needed.

How to check the application of copyright registration status?

For checking the Application of Copyright registration status, the following steps should be followed:-

Go to the Copyright Registrar website and click on Status of Application.
Then fill in the dairy number which you have received and is also called the acknowledgment number.
Press submit button.
Finally, you got the status.

Time required for processing request for Copyright Registration

You will examine a waiting period after filling the application and receiving a dairy number of 30 days. This is essential because of the objection received from the Copyright Office regarding the ownership of work. After the 30 days are completed, and there is no objection, you will be certified for obtaining copyright certification on the work.

Punishment for violation of copyright

If any person violates the terms and conditions of the Copyright policy, then he will be fined not less than Rs. 50,000 and 6 months of imprisonment. If the violation did a second time, then he will be fined not less than Rs. 1,00,000 and imprisonment of 1 year.

Documents for Copyright Registration

Below mentioned documents are required for Copyright Registration under the following cases:

a). Artistic

2 Copies of work.
DD/IPO of Rs. (as applicable) per work.
NOC from the author if the applicant is different from the author.
NOC from the publisher if work published and publisher is different from Applicant.
Search Certificate from Trade Mark Office (TM -60) if the work is being Used on goods or capable of being used on the goods.
NOC from a person whose photograph appears on the work.
If the application is being filed through an attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.

b). Cinematograph Film

2 Copies of work.
DD/IPO of Rs. (as applicable) per work.
NOC from various copyright holders or a copy of the agreement (deed of assignment).
NOC from the publisher if work published and publisher is different from the applicant.
If the application is being filed through an attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.

c). Music

2 Copies of work.
DD/IPO of Rs. (as applicable) per work.
NOC from the publisher if work published and publisher is different from Applicant.
NOC from the author if the applicant is other than the author.
If the application is being filed through an attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

d). Literary / Dramatic

2 Copies of work.
DD/IPO of Rs. (as applicable) per work.
NOC from the author if the applicant is other than the author.
If the application is being filed through an attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.

e). Sound Recording

2 Copies of work.
DD/IPO of Rs. (as applicable) per work.
NOC from various copyright holders or a copy of the agreement (deed of assignment).
NOC from the publisher if work published and publisher is different from the applicant.
If the application is being filed through an attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.

Online Copyright Registration Process in India

For Copyright registration, the following steps need to be undertaken:

- User Registration

The first step in Copyright registration is user registration on the website of government. After successful registration, the user will receive login ID and password.

- Filing of Copyright Registration Application

Copyright registration application is made in form XIV as per the first schedule of the rules along with the fee prescribed under the second schedule of the rules. This application must be signed by the applicant. The power of attorney is also required to be enclosed if required which must be signed by the party & accepted by the advocate.

- Submission

Once the application is submitted along with the necessary documents you will get dairy number (acknowledgment).

- Copyright Registration Certificate

The registration certificate will be issued by the authority if the application is approved. The whole process will take around 2 to 3 months in the normal course.

How can we check the status of copyright registration application?
To check the status of a copyright registration application, the following steps need to be taken:

Visit the website of the Copyright Registrar and then click on “Application Status”.
After this, the diary number that you have received is also called the acknowledgment number and then submit it.
You will get status.
Copyright owner’s legal rights
The owner can claim authorship for a work published under the right of paternity.
The owner may reproduce the work in any tangible form and store it electronically in any medium.
Under the right of publication, the owner can decide where to publish and where not.
The owner may perform it publicly, or may disclose it to the public, or he may make a translation or adaptation of the work.
In case of loss of image or reputation the owner can take necessary preventive action.
The owner can sell or transfer.
Different status of copyright registration
Here we are telling you the meaning of different status issued by the authority:

Awaiting: Copyright registration application with a mandatory waiting period
Documents not found, formality check failed: Documents not found after payment
Abandoned: Documents not received after filing application
Scrutiny: Copyright registration application under process
Rechecking: Copyright registration application is in process again
Hearing : Hearing on objection
How long does copyright protection last?
After copyright registration, the copyright is valid for the lifetime of the author + 60 years after the death of the author.

define core function
Original work means that which has not been copied from any other work. Originality comes from the creator’s knowledge, ability, skill, judgment and hard work. As per the Copyright Act, only expressions can be copyrighted and not ideas. For example, the content of your website may not be copied by the competitor, although the competitor may use the idea in commercial activity.

Difference between Trademark, Patent, and Copyright

Basis	Trademark	Copyright	Patent
Introduction	Trademark protects any word, symbol, a design that identifies a business and distinguishes the band from others.	It protects the expression of ideas like artistic work. Artistic work includes work related to books, paintings, music and computer Programme. Copyright protection helps in excluding others from using the work.	The patent protects the invention of the inventor and gives an exclusive right to the inventor over his/her invention and it also excludes others from using the invention.
Significance	Brand Identification	Expression of Idea	Invention
Govern by	Trade Marks Act, 1999	Indian Copyright Act, 1957	Indian Patent Act, 1970
Components	Protects distinctive mark, symbol or design	Protects Artistic & literary work	Protects Invention
Registration Requirement	Trademark registration is not mandatory however it is advisable to get as it gives exclusive right over the mark/symbol.	There is no such registration required.	Patent Registration is mandatory.
Exclusions	Prevent others from using the same logo/symbol.	Others cannot copy the work.	Prevent others from using the invention without the consent
Validity Term	10 Years	60 Years	20 years

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