Copyright is an Intellectual Property Right that is protected under the Copyright Act, 1957. Copyright protects original work of an author in his/her literary, dramatic, musical, artistic works, etc. from use by any third party without any express consent of the Copyright owner. In order to acquire a Copyright Registration, there should be a certain amount of originality in the work of an author.
With the rapid scale technological advancements in today’s scenario, Copyright work is now more prone to infringement and misuse. We at IP & Legal Filing (IPLF) offer our clients a complete package of services related to Copyright registrations so that our clients can take the benefit of their IPRs without much hassle. Our team of experts has specialization in dealing with complex matters such as Copyright infringement matters, Copyright registration process, Licensing of Copyrighted work, Enforcement of Copyright, Responding to Copyright objections, among other allied services. Further, our experts help clients in developing the whole legal framework for licensing and franchising their Copyrightable subject matter and in the proper enforcement of it.
What can be registered as a Copyright?
- Creative work such as literary work (including computer programs and computer databases).
- Sound recording or audio recorded files, Cinematograph film (including films, videos, cartoon films, etc.).
- Artistic work (including a painting, a sculpture, a drawing such as a map, chart or diagram, an engraving, a photograph, architecture/ artistic craftsmanship.
- Dramatic work (including theatrical plays).
- Television/radio/movie scripts, movie/television plots, choreography.
- Musical Works (including songs, tunes, melodies).
1. Getting started
Our experts gather the required information pertaining to the subject matter that is intended to be copyrighted along with the supporting documents from the client for initiating the registration process.
2. Application preparation
After gathering information, our experts prepare a draft of the application for Copyright registration in close coordination with the client.
3. Application filing
Our attorneys will then proceed with filing the copyright application along with all the necessary documents at the Copyright Registrar.
4. Copyright registration
After filing a Copyright Application, the Copyright Office/Board examines and scrutinizes the application through an Examiner, and then the registration is granted to the Copyright if there is no objection with the application filed, and finally the Copyright office issues a Copyright Registration Certificate to the Applicant.
- Title of the work to be filed
- Name of the Applicant
- Address of the applicant
- Name of all Directors of the Applicant
- Language of the work
- Date, Month and Year of Publication in India.
- Name of the authorized signatory
- Name of author
1. What cannot be protected under copyright registration in India?
Works that are not fixed in a tangible form such as ideas, procedures, methods, systems, processes, concepts, principles, or discoveries, unwritten speeches etc. cannot be copyrighted.
2. What are the rights of a copyright owner?
The copyright owner has the exclusive rights to:
- Reproduce and distribute the work in copies or phonorecord to the public by sale or transfer of ownership or license
- Make additions to the original work or modify it, display, present or perform them among the public and exclude others to claim ownership or use without the original creators’ permission.
3. What is the validity of a registered copyright?
Copyright protection is valid for a duration of 60 years. In case the work is a literary, dramatic, musical or artistic work, the 60 year period is counted from the year following the death of the author/creator. For cinematography films, sound recordings, and photographs, the 60 year period is counted from the date of publication.
4. What are the requirements for filing a Copyright Application in India?
Following are the requirements for filing an application:
- Full name, address and Nationality, nature of business of applicant(s) as well as the author(s).
- Type of Ownership (Director, Proprietor, or Partner).
- Title of work.
- Language of the work.
- In the case of published work, the year and country where the work was first published.
- List of countries where the work has been published and the year of publication.
- In the case of published work, the year and the country of last publication.
- Three copies of the published work, and one copy of the manuscript of unpublished work with the application for affixing the stamp of the Copyright Office as a proof registration of work.
- Power of Attorney in the name of the firm (if appointed).
5. Who can apply for Copyright registration?
Any individual who is an author or rights owner or assignee or legal heir can file an application for copyright of a work, either at the copyright office or by post or by using the e-filing facility from the Copyright Office website www.copyright.gov.in.
7. Is it necessary to register a work to claim Copyright?
No, acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as a prima facie evidence in the court of law with reference to dispute relating to ownership of copyright.
8. How can I get Copyright Registration for my website?
A website contains several works such as literary works (source code, GUI), artistic works (photographs etc.), sound recordings, video clips, cinematograph films, and broadcastings too. Therefore, a separate application has to be filed for registration of all these works.
9. Whether Computer Software or Computer Programme can be registered?
Yes, computer software or programs can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ has also to be supplied along with the application for registration of copyright for software products.
10. Is an opportunity for a hearing given in all the cases pertaining to rejection of registration?
As per rule 70(12) of the Copyright Rules, 2013, an opportunity of hearing must be given. Only after a hearing can the Registrar decide whether to register or reject the work. The applicant himself or his/her pleader may appear in the hearing. As per section 72 of the Copyright Act, 1957 any person aggrieved by the final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Intellectual Property Appellate Board (IPAB).
11. What are the Civil Remedies for Copyright Infringement?
A copyright owner can take legal action against any person who infringes the copyright in the work. The copyright owner is entitled to remedies by way of injunctions, damages, and Accounts.
12. Is Copyright Infringement a Criminal Offence?
Yes, any person who knowingly infringes or abets the infringement of the copyright in any work commits a criminal offense under Section 63 of the Copyright Act.
13. What are the punishments for a Criminal Offence under the Copyright Law?
The punishment for an infringement of copyright is imprisonment ranging from six months to three years and with a fine of Rs. 50,000/- to two lakhs.
In the case of a second and subsequent conviction, the minimum punishment is imprisonment for one year extending to three years and with fine, not less than Rs. one lakh that may extend to two lakh rupees.
14. What are the guidelines regarding registration of a work under the Copyright Act?
Chapter XIII of the Copyright Rules, 2013, as amended, sets out the procedure for the registration of a work. Copies of the Act and Rules can be obtained from the Manager of Publications, Publication Branch, Civil Lines, Delhi, or his authorized dealers on payment or download from the Copyright Office website.
15. How long do I have to wait to get my work registered by the Copyright Office?
After you file your application and receive a diary number, you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim. In case any objection is filed, the Registrar of Copyrights after giving an opportunity of hearing to both the parties, may decide to register the work or otherwise.
If no objection is filed, the application is examined by the examiners. If any discrepancy is found the applicant is given ordinarily 45 days’ time to remove the same. Therefore, it may take around 2 to 3 months’ time for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key to speedy disposal of the matter.
16. What is a Compulsory License in unpublished Indian works?
In case of an unpublished Indian work, if the author is dead, unknown or cannot be traced, or the owner of the copyright in such a work cannot be found, any person may apply to the Copyright Board for a license to publish such work or its translation in any language.
The Copyright Board may, after making certain prescribed enquiries, direct the Registrar of Copyrights to grant license to the Applicant to publish the work or its translation. The same is subject to payment of royalty and other conditions determined by the Board.