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Copyright Registration

In order to honor the original work done by any person, copyright registration is obtained which protects the intellectual work of owner.
Package Inclusions–

  • Guidance from Copyright Experts
  • Drafting and filing of Application of Copyright
  • Maintenance and filing of necessary documents
  • Complete end to end coordination with the concerned Department

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What does Copyright mean?

It’s an intellectual property right which provides safety to the original work of the owner and are transferable in nature. For using any original work (like books, scripts, even software, artistic, cinematography, recordings, computer programming etc.) of an individual or organization, permission of that is required to be obtained from that creator. Copyright of instruction manuals, Website content, product literature, brochure, and user guides are often done by the creators.

What does Copyright Registration mean?

Copyright Act, 1957 regulates the registration of copyright which legally protects the right and work of the creator from infringement. It makes the creator a legal owner of its own work done on the music, paintings, video, paintings, website, books, mobile application etc. The work done by the creator or author cannot be used by any other person without his / her permission as it ensures that the creative work of the author does not imitate. Charges / fees for utilizing the creator’s work may be charged by them.

What are the advantages of obtaining the Copyright Registration?

Following are the numerous advantages of Copyright Registration:

Safeguard of Owner from any infringement

Exclusive rights are provided to the creator without authorization with the help of Copyright registration over reproduction, distribution, adaptation, dispersive, and translation of the work done by them.

Brand Value

Goodwill is also created by the Copyright registration and can be used for marking purposes as it provides the ownership proof.

Global Protection

Such copyright registration also protects the work of the creator globally. Similar privilege to the work in India is given where the work is copyrighted in other than home country.

Treated as asset

Such Copyright is treated as an asset for the company which can either be sold or franchised because it is a intellectual property for the owner.

Publicity of owner

Whatever work is done by the creator, such work becomes famous globally through the registration of copyright and can be searched over the copyright registry database.

Economic remains stable

Such registration of copyright ensures the economic growth of the country and helps the reproduction of the art in any forms by the creator.

What all things are protected by Copyright Registration?

  • painting, graphics, and sculpture and other artistic works;
  • Cinematograph Film;
  • Sound recording and Musical work;
  • books, computer programs, website and other literary works;
  • Scripts for films/dramas and other dramatic works;

Which documents are required for obtaining the registration of Copyright?

Following documents are required to obtain the registration of copyright:

A) Artistic

  • Two Copies of work done.
  • Demand Draft (DD) /Indian Postal Order (IPO) of Rs. (as applicable) per work.
  • Where the applicant and the creator / publisher / author is not same then in such No Objection Certificate (NOC) from the author would be required.
  • Search Certificate from Trade Mark Office (TM -60) if the work is being Used on goods or capable of being used on the goods.
  • Where the photograph of a person is mentioned on the work then No Objection Certificate (NOC) shall be required from that person.
  • Signed Power of Attorney by the applicant and accepted by the attorney shall be filed where the application is filed through an attorney.

B) Cinematograph Film

  • Two Copies of work done.
  • Demand Draft (DD) /Indian Postal Order (IPO) of Rs. (as applicable) per work.
  • Copyright holders are required to submit the No Objection Certificate (NOC) or a copy of the agreement (deed of assignment).
  • Where the applicant and the creator / publisher / author is not same then in such No Objection Certificate (NOC) from that creator / publisher / author would be required.
  • Signed Power of Attorney by the applicant and accepted by the attorney shall be filed where the application is filed through an attorney.

c). Music

  • Two Copies of work done.
  • Demand Draft (DD) /Indian Postal Order (IPO) of Rs. (as applicable) per work.
  • Where the applicant and the creator / publisher / author is not same then in such No Objection Certificate (NOC) from that creator / publisher / author would be required.
  • Signed Power of Attorney by the applicant and accepted by the attorney shall be filed where the application is filed through an attorney.

d). Literary / Dramatic

  • Two Copies of work done.
  • Demand Draft (DD) /Indian Postal Order (IPO) of Rs. (as applicable) per work.
  • Where the applicant and the creator / publisher / author is not same then in such No Objection Certificate (NOC) from that creator / publisher / author would be required.
  • Signed Power of Attorney by the applicant and accepted by the attorney shall be filed where the application is filed through an attorney.

e). Sound Recording

  • Two Copies of work done.
  • Demand Draft (DD) /Indian Postal Order (IPO) of Rs. (as applicable) per work.
  • Copyright holders are required to submit the No Objection Certificate (NOC) or a copy of the agreement (deed of assignment).
  • Where the applicant and the creator / publisher / author is not same then in such No Objection Certificate (NOC) from that creator / publisher / author would be required.
  • Signed Power of Attorney by the applicant and accepted by the attorney shall be filed where the application is filed through an attorney.

What are the steps to register the Copyright in India through online?

Below mentioned steps are required to be followed in order to obtain the copyright registration:

Registration of User

On the government website, user registration would be the initial step to obtain the certificate registration who will be provided the login ID and password after the successful registration.

Filing of Application for Copyright Registration

According to the first schedule of the rules, the Form XIV shall be filed along with the fees prescribed under the second schedule of the rules for application of Copyright Registration. Applicant is required to sign the application as well as enclosure regarding the power of attorney which is signed by the applicant and accepted by the advocate shall be enclosed where applicable.

Submission of application

Dairy number (acknowledgment) shall be provided to you after the successful submission of application and documents.

Certificate of Copyright Registration

Where the application gets approved by the authority. Copyright registration certificate shall be provided which will take around 2 to 3 months in the normal course.

Copyright Registration Process Flow Chart

What is the process to track the status of Application of Copyright Registration?

Below mentioned steps are required to be followed for keeping track of the application status:

  • One is required to click on the option “Status of Application” after visiting the website of the Copyright registrar.
  • Then the second step is to insert the diary number (acknowledgment number) you received and then click on the submit button.
  • At last you will know the status of the application

Copyright Owner’s legal Rights

  • Under the right of paternity, authorship for published work may be claimed by the owner.
  • Reproduction of the work in any tangible form can be done by the owner and may store the same in any medium through electronic means.
  • Under the right of publication, owner has the right to decide where to publish his work and where not.
  • The owner has the right to perform in public, or he may communicate it to the public or translation or adaptation of the work can be undertaken by the owner.
  • Precautions or preventive actions as a part of his rights in case of image or reputation loss can be taken by the owner.
  • Even the owner has a right to sell or transfer its creation.

What are the different Status of Copyright Registration

Different status which are issued by the authority are mentioned below:

  • Waiting: There is a mandatory waiting period for Copyright registration application.
  • Documents not received, formality check failed: After the payment, documents have not been received.
  • Abandoned:  After the filing of the application, documents have not been received.
  • Scrutiny:  Application filed for Copyright registration is under the process.
  • Re-Scrutiny: Application filed for Copyright registration is again under the process.
  • Hearing: Hearing on any objection

What is the validity period of Copyright registration?

The copyright registration remain valid for the lifetime of the author + 70 years after the death of the author.

What does Original Work mean?

Non copied work is known as the original work. Knowledge, capability, skills, judgment, and hard work helps the creator in forming the unique creation. Only expressions are required to be copied and not the ideas of others according to the Copyright Act.

What distinguishes between the Trademark, Patent, and Copyright?

Basis Trademark Copyright Patent
Introduction Protection of any word, symbol, a design that helps in the identification of a business and distinguishes the band of a particular business from others is protected by obtaining the registration under trademark. Expression of ideas like artistic work. Artistic work includes work related to books, paintings, music and computer Programme is protected by the Copyright registration and prevents the owner from any infringement. Invention of the inventor is protected by the patent registration and an exclusive right is provided to the inventor over his/her invention and prevents the owner from any infringement.
Importance Identification of Brand Idea’s Expression Invention
Regulated by Trade Marks Act, 1999 Indian Copyright Act, 1957 Indian Patent Act, 1970
Components Distinctive mark, symbol or design is protected Artistic & literary work is protected Invention is protected
Compulsion No Compulsion however it is always beneficial to obtain registration as exclusive right over the mark/symbol is provided to the owner. No Compulsion. Compulsory.
Excluded items No-one can use the same logo/symbol. No-one would be eligible to Copy the work. No-one can use the same invention.
Validity period 10 Years 60 Years 20 years

Frequently Asked Questions about Copyright Registration

Literary, dramatic, musical and artistic works of the creator are protected from the unauthorized by obtaining the registration under Copyright by the Copyright Act, 1957. It protects the expressions and not to the ideas of the creator.

Ideas or concepts are not covered under the scope of Copyright. So no-one can obtain registration under Copyright for protecting the ideas and Concepts.

Yes, Copyright registration application can be submitted physically at Plot no. 32, Boudhik Sampada Bhawan, Sector 14, Dwarka, New Delhi – 110075, but physical submission of application for Copyright Registration is a length and time consuming proces.

For obtaining the hassle free Copyright registration, you can choose Rajput Jain and Associates as we have a team of talented professionals who will guide and assist you regarding the registration of Copyright.

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Delhi

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