Legal Procedure for Copyright Registration In India

Like trademark and patent, copyright is likewise one of the licensed innovation security. The Copyright Act, 1957 helps in protecting the original or genuine literature, drama, and music work done by any individual of India. What’s more, moreover to be seen that any considerations, strategy, and techniques for errands can never be copyrighted. In basic words, we can say that copyright is a selective right allowed the owner to protect his work for being copied, exploited, or misused.

Accomplishing a specific work takes bunches of endeavors and vitality and accordingly ensuring the work done is significant as accomplishing a work. Subsequently, one of the mediums through which one can ensure just as appreciate certain rights over his/her work is copyright. The main proprietor of the enrolled work can utilize the item or even can grant permission to another person. Copyright enlistment in India is selected under the Copyright Act, 1957. It provides a kind of safety so that the work carried out by the creator of the work can’t be repeated by anyone and to restore the uniqueness of the thing. There are gatherings of rights under copyright-like correspondence to everybody, the rights of reproduction, adaptation, and translation of the work. Copyright is generally an authentic right that has been given to the producers of the literature, dramatics, musicals and artistic works, and even producer’s film and sound recordings. Sometimes businesses and start-ups get copyright registration related to instruction manuals, product literature, and user guides. For the most part, copyright is controlled by the maker of the work, however here and there even the employer of its creator or person who has authorized the work can own the copyright.

Procedure for Copyright Registration:

  • Step 1:- An application (including all the specifics and proclamation of the central focuses) in the game plan of FORM IV must be sent to the registrar along with the requisite fees (mentioned in schedule 2 of the Act).
  • Step 2:- Every application has to be signed by the applicant as well as an Advocate in whose favour a Vakalatnama or a Power of Attorney has been executed.
  • Step 3:- The Registrar issue a Dairy No. and afterwards there is a required sitting tight an ideal opportunity for a time of 30 days for any issues with be gotten.
  • Step 4:- On the off chance that there are no protests gotten inside 30 days, the scrutinizer will check the application for any inconsistency is there, the enlistment will be done and concentrate will be sent to the recorder for the section in the register of the copyright.
  • Step 5:- If any objection is received, the examiner will send the letter to both the parties about the objections and will give them both a hearing.
  • Step 6:- After the conference, if the protests are settled, the scrutinizer will investigate the application and support or reject the application all things considered.

What all things protected under Copyright?

It protects the expression of ideas (e.g. words and illustrations), alone it cannot be protected. The followings may be secured under copyright law:

  • Literary work (e.g. written books, computer programs, websites, etc.)

  • Dramatic works (e.g. scripts for the films and drama)

  • Musical works (e.g. melodies)

  • Artistic works (e.g. paintings, photographs, etc.)

  • Published editions

  • Recorded sounds

  • Movies, films, and telefilms

  • Broadcasts on radio and television

  • Performances

Advantages of Copyright Registration:

  • Legal Protection:- Copyright registrations serve as prima facie evidence in the court of law over ownership of the work. In this way, copyright enlistment gives the proprietor legitimate assurance for his/her work.

  • Branding and Goodwill:- Registered copyright can be used for marketing and creating a sense of goodwill and equality in the minds of the customer.

  • Market Presence:- By registering a copyright, a public record of work is created and proof of ownership is established for your creative work. It can also be used in marketing and for creating goodwill in the minds of the customers.

  • Global Protection:- Works that are copyrighted in many other countries are accorded similar privileges here in India. Likewise, works copyright registered in India are accorded protection in many foreign countries.

  • Restrict Unauthorized Reproduction:- Copyright registration will establish that you are serious about copyright infringement. This will help obstruct unapproved multiplication of work as it furnishes the proprietor with a large group of legitimate cures.

  • Creation of Asset:- Copyrights registration creates an intellectual property, an intangible asset. Registered copyrights are intellectual property and the rights can be sold, franchised, or use it commercially.

Details Required for Copyright Registration:

Personal Details:- This includes the Name, Address, and Nationality of the Applicant. The applicant should specify the nature. The applicant properly mentions his role as owner or the Representative.

Nature of the Work:- This includes class and description of the work, the title of the work. In the case of website copyright, give the URL of the website. You likewise need to make reference to the language of the work.

Date of Publication:- Mention the date of distribution in inner magazines (if conceivable). Like an organization magazine or an exploration paper submitted to an educator doesn’t consider distribution.

So, all those above mention details/information help any individual to file copyright registration for his original work, and also they have to strictly follow all the rules of the Copyright Act, 1957.

This article is authored by Shubham Kumar Jha, First-Year, BBA. LL.B, Student at New Law College, Bharati Vidyapeeth, Pune, Maharastra.

Also Read – Copyrightability of Mechanical Translation

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