Copyright – Registration and Advantages

Introduction:

A copyright is a form of intellectual property right (IPR) granted to the original creators of literary, dramatic and artistic works. The original work, upon creation, is said to have acquired copyright, but the registration of the same confers many advantages. The registration offers monopoly to the owner of the original creation i.e. he can distribute, use, produce or replicate / reproduce his work and prohibits others from copying or commercially using the original works, without the permission of the owner. Further, the registration certificated and the details associated with it can serve as prima facie evidence in a court of law. ​

The protection terms for copyrights vary from geography to geography and the default length of copyright is the lifetime of the author plus either 50 or 70 years depending upon the geography. Examples of copyright include

(i) literary works like books, articles, etc.

(ii) dramatic works and original compositions like songs, choreography, sound recordings, motion pictures, photographs and

(iii) artistic creations like sculptures, drawings, and other works. In India, copyright registration is governed by the Indian Copyright Act, 1957.

Document and fee requirements for registering the copyrights:

The following documents are generally required for filing the copyrights for original works before the Registrar of Copyrights:

  1. Copies of the published work in triplicate or two copies of manuscripts
  2. Details of the applicant and / or author i.e. name, contact address, email, phone/mobile numbers, etc.
  3. Letters of relinquishment if the author did the work on made for hire basis
  4. No objection certificate / Notice of Authorization if the applicant is other than the author
  5. Title and language of the works
  6. Power-of-attorney if the application is made by an agent (e.g. Lawyer, company secretary, etc.)
  7. Source code and the language of the software (in case of copyright for software)
  8. Particulars related to trademark filings

Fee for an application for registration or copyright in a:

  1. Literary, Dramatic, Musical or Artistic work Rs. 500/- per work
  2. Provided that in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services (Section 45) Rs. 2,000/- per work
  3. For an application for registration of Copyright in a Cinematograph Film (Section 45) Rs. 5,000/- per work
  4. For an application for registration of copyright in a Sound Recording (Section 45) Rs. 2,000/- per work

Advantages:

Some of the advantages of registering copyrights for your original works include:

  1. Exclusive right to produce, use, replicate and/or distribute the original works by the owners
  2. Enables the owner to sell, lease or license the original works for a premium, which would create additional revenue
  3. Enables the public to know of the details of the original creator / owner of the original work, which would help in providing the competitive edge
  4. Certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright
  5. Enables institution of infringement suits in case of any violation
  6. By registering the copyright certificate with the Indian Customs Office, would prevent the importation of the infringing copies to India

Conclusion

Though copyright is considered to be an acquired IPR, protection of the interests of the owner is a herculean task in this digital age, where we see a dramatic increase in the level of copyright infringements happening around the world. Though this cannot be completely eradicated, this can be controlled with the registration of copyrights that serve as proof of right for exclusive rights and as evidence in case of infringement suits. Further, there are many other advantages attached to the registrations as well like, increased creativity, motivational factors, economic developments, etc.

Our IPLF team comprises highly skilled and trained legal and IP professionals whom can assist not only to protect your interests in the original work but also in the preparation of copyright registration documents and prosecuting effectively till your original work gets the copyright registration certificate.

Author: Govindhaswamy Srinivasan, a Principal Associate – Patents at Khurana & Khurana, Advocates and IP Attorneys.  In case of any queries please contact/write back to us at support@ipandlegalfilings.com

References:

  1. https://copyright.gov.in/frmFeeDetailsShow.aspx
  2. https://copyright.gov.in/Documents/handbook.html

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