Tuesday, May 7, 2024
Tuesday, May 7, 2024

How to Register your Copyright Online? – Process, Documents & Eligibility Criteria

by Prabhjot Singh
Copyright Registration

Copyright is a collection of rights that include the rights to reproduce, communicate with the public, adapt the work, and translate it. There could be slight variations in the piece of the freedoms relying upon the work. Copyright guarantees specific least defenses of the privileges of creators over their manifestations, accordingly safeguarding and compensating innovativeness. 

Inventiveness being the cornerstone of progress, no humanized society can easily overlook the essential prerequisite of empowering something very similar. Creativity is essential to a society’s economic and social progress.

Over many centuries, the idea of copyright has developed. However, the need to regulate the reproduction and dissemination of printed materials in the 18th century led to the development of the modern understanding of copyright.

The continuous development of intellectual property regulation keeps on resolving arising issues like internet web based, man-made reasoning, and the advanced commercial center. In the digital age, it is still difficult to strike a delicate balance between creator rights, public interest, and technological advancements.

Scope and Extent of Copyright Registration

It is crucial to know that both published and unpublished work can be registered easily. Works published before January 21, 1958, when the Copyright Act of 1957 went into effect, can also have their copyright registered as long as the works still have copyright. The application may be submitted with three copies of published work.

In  any case the work which needs to be registered is still unpublished, manuscript copy must be sent along to the copyright office in order to stamp the work as a matter of evidence to register it. If two copies of the manuscript are sent, one with the appropriate stamp will be returned, and the other will be kept in the Copyright Office for record purposes and kept secret. 

The applicant could also request the return of only portions of the unpublished work after they have been stamped with the Copyright Office’s seal rather than the entire manuscript. The applicant may submit an application for changes to particulars entered in the Register of Copyright on Form V along with the required fee when a work has been registered as unpublished and is published.

A wide range of scholarly and imaginative works can be protected, you can likewise record a copyright application for your site or other PC programs. A computer program or software can be classified as a “literary work.” According to Section 2(o) of the Copyright Act of 1957, “literary work” includes compilations, tables, and computer programs, such as databases. 

Copyright protection ensures that the individual creator retains significant rights over his creation and prevents the excessive proliferation of private goods or works.

Copyright Registration Procedure

The procedure for registration is as follows:

  1. Application for registration must be made on as prescribed in the first schedule to the Rules;
  2. Separate applications must be made for registration of each work;
  3. Each application must be accompanied by the requisite fee prescribed in the second schedule to the Rules; and
  4. The applications must be signed by the applicant or the advocate in whose favor a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate must also be enclosed.

Required Documents for Copyright Registration

Artistic 

Artistic work is creative, original, and expressive. The Copyright Act of 1957 governs artistic work copyright in India. Imaginative work incorporates artistic creations, models, drawings, photos, prints, lithographs, building plans, maps and outlines.

The documents needed for this are:-


1. Two Soft copies of work
2. Demand Draft
3. NOC (No Objection Certificate) from author / Applicant.
4. NOC from publisher (if work published and publisher is different from applicant)
5. Search Certificate issued by Registrar of Trademarks
6. NOC from person whose photograph appears on the work

Cinematograph Film

Any piece created using a method that is similar to cinematography, including video films, is considered to be cinematography. More or less, a cinematograph film is viewed as one, when any practical framework work has moving pictures or clear lines of sight.

Copyright Registration of a cinematograph film requires an amalgamation of strong public awareness and education.

Some documents needed for the same are:-


1. Two Soft copies of work
2. Demand Draft
3. NOC from Various Copyright Holders / Agreement Copy
4. NOC from publisher (if work published and publisher is different from applicant)

Music

Both the music, lyrics, words, or other content on a sound recording and the recording itself are protected by copyright. These works are dependent upon various standards and are normally claimed and authorized independently.

The term “music copyright” refers to the legal ownership of a sound recording or musical composition. The exclusive rights to redistribute and reproduce the work as well as the licensing rights that enable the owner of the copyright to earn royalties are all part of this ownership.

The documents needed for this are:-


1. Two Soft copies of work
2. Demand Draft
3. NOC from Publisher (if work published and publisher is different from applicant)
4. NOC from Author (if applicant is other than author)

Literary/Dramatic

The author’s original literary works are protected by copyright, which requires that they not be altered in any way. We all know that in today’s world, where the internet is overflowing with information and it is easier to access a variety of works, it is critical to safeguard your work from unauthorized use and access.

It is this Copyright act that limits the clients from unapproved access and rewards the first work of the creators by safeguarding their work at each level. The Copyright Act also provides protection for literary works. However, the copyright will be granted to both individuals if they have produced works in a similar field.

Below mentioned are the documents needed for this:-


1. Two Soft copies of work
2. Demand Draft
3. NOC from Publisher (if work published and publisher is different from applicant)
4. NOC from Author (if applicant is other than author)

Sound Recording

A sound recording is a non-audiovisual work that relies on a series of sounds. The right to perform the work in front of the public is included in sound recording copyright, but only “Using a digital sound recording” is allowed. Playing out a sound recording to general society in a compatible way doesn’t include the copyright in the sound recording.

When a musical work is required for a sound recording, the musical work can be used in multiple ways. If a license is required in such circumstances, it must be obtained from the work’s rights holder.


1. Two Soft copies of work
2. Demand Draft
3. NOC from Various Copyright Holders / Agreement Copy
4. NOC from publisher (if work published and publisher is different from applicant)

Software

Any software that you create is entirely yours to keep. You can own it without doing anything once you’ve finished coding it. However, it is a different matter to enforce your legal rights regarding the software you developed.

The work of a software developer—in the form of software code, program, or graphic design—is validated and safeguarded by the software copyright. However, the Copyright Act cannot safeguard concepts, facts, or methods of execution. The responsibility of software copyrights is to safeguard how ideas are implemented and expressed to produce output.

Below mentioned are the documents required:-


1.  Soft copies of work (2)
2. Source code and object code of work for verification
3. Demand Draft
4. NOC from Publisher (if work published and publisher is different from applicant)
5. NOC from Author (if applicant is other than author)

Conclusion

Registering your copyright gives official documentation and proof that you are the original creator and proprietor of a specific work. It creates a public record of your ownership, which could be crucial in the event of disagreements or claims of infringement.

It highlights your credibility to people in the industry while also showing your legal authority in order to avoid any unauthorized use. When businesses are aware of your registered copyright, there are less chances that it can be misused.

Our team at Startupfino provides you extended support when registering a copyright. We follow a step by step procedure in order to protect your brand value in the industry and to maintain the requisite standards.

Get in touch with us, to experience the best possible services in copyright registration.

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