Rights of a Copyright Owner:
- Ownership rights: Copyright registration entitles such a creator as its legal owner of creative works such as books, paintings, music, website, etc.
- Protection from Infringer: Copyrights registration comes in handy and safeguards the rights of the creator of such works that might be misused by any third party.
- Right to reproduce the original work, publish it for public acknowledgment,
- Right to translate the work
- RIght to adaptation, including its economic and moral rights.
- Right to translation
- Right to license and Assignment
Copyrightable Subject Matter:
- Literary works – textbooks, poems, compilations, translations, computer software, database, tables, letters, novels, lyrics, etc…
- Artistic work- drawings, graphs, designs, maps, pictures, sketches, sculpture, and architecture works, infrastructures, etc.
- Cinematographic work- movies, dramas, short plays, YouTube channels, videos, musical videos, dance blogs, etc.
- Dramatic work- choreographic videos, recitation, scenic arrangement, etc. but do not include cinematographic work.
- Musical work- remixes, remakes, compilations, any combination of harmony and melody, graphical presentation of music
- Details of the owner of the work
- Tm-C – trademark search certificate
- Power of attorney
- Soft copy of the work
- Details of the Copyright Applicant (Name and address)
- Title of the Work
- Type of the Work (Literary, Musical, Dramatic, etc.)
- Whether the work is published or unpublished
- Whether more than one person involved in the creative work?
- NOC from the other person involved in the creative work
- 2 Copies of the work
- Power of attorney if filed through Copyright Attorney
Step – 1: 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.
Step- 2: Examination of the application:
There is a two-fold aspect in this step:
1. 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.
2. If any objection is raised, then the following procedure is to be followed:
- Letter of objection is sent to both the parties, and a hearing is set up by the registrar.
- Upon hearing if the objection is rejected, the application goes ahead for scrutiny, and the above procedure is followed.
- In case the objection is not clarified or resolved, the application is rejected, and a rejected letter is sent to the applicant.
Step – 3: Registration:
- 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