Copyright Filing Procedure In India
Unlike a trademark, registration of copyright is not mandatory; however, to legally protect the work and to have enforcement rights against the infringers, registration is handy. Also, in case of any infringement, a registered copyrighted work acts as prima – facie evidence to the case.
Stages of Copyright Filing
- Filing Stage
- Examination Stage
- Objection Stage
The process of filing copyrights is a very hassle–free and easy process.
Filing of the Application:
- The Applicant or the agent appointed can either physically or through speed post/ courier or e-fling file an application under Form- XIV of Copyright Rules, 2013 for the registration of copyright along with the prescribed fees (as per https://copyright.gov.in/frmFeeDetailsShow.aspx) and essential documents stated above.
- Separate applications have to be filed for each work. After receiving the application, the registrar will issue a diary number to the said application.
Examination of the application:
If there are no objections raised, the examiner of copyright will move to the next step to scrutinize the documents to find discrepancies, if any.
- In case any discrepancies arise, a letter of discrepancy is sent to the applicant, and the applicant is given time to file a reply to the examination report, based on which the hearing of the application will be set by the examiner. Once the issues are resolved, the application is sent for registration.
- In case there are zero discrepancies, the application is directly sent for registration.
In case the objection is not clarified or resolved, the application is rejected, and a rejected letter is sent to the applicant.
- Once the entire examination process is done, the registrar will enter all the details of copyright in the register of copyrights and issue a certificate of copyrights to the applicant Registration of Copyrights (RoC)
- Thus, the whole idea of copyrights is to acknowledge the originality and creativity of the work. However, the process looks small while reading; it is lengthy and might take up to 12 to 15 months to get it registered. .
Benefits of Copyright Registration
- Copyright registration secures the rights of the creators, companies, authors, writers, software developers, etc.
- It confirms the ownership of the created by the original owners of such work and prevents any third party from misusing the same either offline or public domain.
- Legal Protection
- Owner publicity
- Restricts Unauthorized Reproduction
- Creation of Asset
- Public Record
- Copyright helps in establishing credibility in Market
- Global Protection
Duration of the Copyright Filing and Registration:
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