Copyright Registration
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Copyright is a special privilege granted under the law to those who create artistic creations. These copyrights receive protection through a legal framework known as "The Copyright Act, 1957," which has seen various updates over time. Copyright registration is a vital safeguard for the creators, ensuring their rights are upheld.
The procedure of copyright registration is a major advantage for authors, artists and designers. It serves as an inspiration for these creators, encouraging them to produce more innovative works.
Moreover, registration of copyright provides authors the means to shield the unique expression of their ideas when transformed into creative works. It's essential to note that this protection pertains to the creative work itself, not the underlying ideas. This process is an effective tool in preventing unauthorised use of the original work while also rewarding and promoting creativity.
Under copyright, creators receive a set of rights and copyright empowers creators by granting them these essential rights, which include:
Copyright is a legal entitlement granted to the owner of intellectual property. As the term implies, it pertains to the right to duplicate or reproduce a creative work. Essentially, copyright signifies that when a person produces a piece of intellectual property, they acquire ownership rights. This means that only the creator or those they authorise have the exclusive right to reproduce or utilise that work. Copyright law provides the original creators of a work with an exclusive right to utilise it or make copies for a designated period. Over time, the copyrighted work may eventually enter the public domain.
Copyright is a valuable tool for safeguarding a wide range of creative works. The Registrar of Copyrights maintains a comprehensive register that is divided into six distinct categories, for specific types of intellectual property:
This category includes many written creations, from novels and poetry to essays, articles and more.
Musical compositions, including melodies, lyrics and sheet music, fall under this category.
Visual creations such as paintings, sculptures, drawings and other artistic expressions enjoy copyright protection.
Copyright extends to films, ensuring the protection of audiovisual works.
This category covers the audio recordings of music, speeches and various other sound-based creations.
Software, data compilations and tables are safeguarded by copyright, ensuring the protection of digital innovations.
Copyright Law is a set of regulations governing the protection of intellectual property and it is upheld and governed by The Copyright Act, 1957, which has undergone multiple amendments to adapt to the evolving intellectual property rights.
Registration of copyright is essential as it solidifies your legal ownership of the work. By registering your copyright, you gain control over the dissemination of your work to the public, reproduction rights and any translations or adaptations of the creative content.
While registering your work under copyright law isn't obligatory, it's highly recommended for several compelling reasons. Copyright protection provides the creator with a specific set of fundamental rights over their work and assures that their creative efforts cannot be replicated for a designated period. This sense of security and legal protection provides motivation and encourages creators to continue their artistic endeavours and produce more content.
Copyright provides authors with a legal monopoly over their unique creations, granting exclusive rights to reproduce, distribute, and display their work.
Registration is essential to legally acclaim and protect creative works, preventing others from using them for commercial or domestic purposes without prior permission.
Registration of copyright instils a sense of security in creators, assuring them that their creative efforts are protected under the Copyright Act.
Registered works are listed in the Copyright Office's Catalogue, publicly displaying the ownership of the copyright holder and enabling legal action against infringers.
Copyright provides creators with the freedom to work with their copyrighted material both in India and internationally.
Authors can sell, disclose or transfer the rights of their work to others, all while retaining copyright protection.
Copyright enhances the author's reputation by clearly attributing certain works to them.
Copyright provides legal protection, helping to avoid costly disputes over ownership if someone attempts to steal the creative work.
Copyright restricts others from making unauthorised use of the author's work, allowing the author to send legal notices to infringers.
Registration of copyright acts as a pre-emptive measure by discouraging unauthorised use of the work. It saves time and money as legal proceedings may be unnecessary if someone attempts to copy the work and a cease notice can be sent promptly.
Upon obtaining registration of copyright, creators have the privilege to use the copyright symbol (©) to denote the protection of their work by copyright law. This symbol serves as an evident notice to others that the work enjoys copyright protection, acting as a deterrent against unauthorised use or reproduction of the creative work.
You have the right to claim authorship of your published work, asserting your creative paternity over the creation.
The owner is entitled to reproduce the work in any tangible form and store it in any medium, including electronic means.
You can determine where and when to publish your work, exercising control over the publication right.
The owner may publicly perform or communicate the work to the public. Additionally, you have the authority to create translations or adaptations of the original work.
In the event of potential harm to your image or reputation due to the use of your work, you have the right to take necessary preventive actions.
Regarding copyright, the owner holds the choice to either sell or transfer it. This essentially signifies that they're passing on the rights to another person or entity, granting them permission to utilise, replicate or adapt the work. These permissions are outlined in a special agreement made during the transfer process.
Copyright protection is a vital aspect of safeguarding creative works. Following copyright registration, protection typically lasts for the author's lifetime plus an additional 60 years after the author's death. This extended duration ensures that the creator's work remains safeguarded and continues to benefit their heirs or assigned rights holders for a substantial period.
Given below are some basic conditions for filing a copyright application for various types of works:
Given below are some basic conditions for filing a copyright application for various types of works:
Upload in PDF/JPG format.
Upload in MP3 format.
Upload in PDF format, ensuring the file size is less than 10 MB.
Upload a PDF containing at least the first ten and last ten pages of the source code or the entire source code if under 20 pages, with no redacted or blocked-out sections.
The documents required for registration of copyright vary depending on the type of work being registered. These documents include:
The registration of copyright is a systematic process that involves several essential steps. Given below is a detailed guide on how to register your copyright:
Visit the official website of the Copyright Office and there log in using your valid User ID and Password. Also, here you have to register with a User ID and Password if you happen to be a new user.
Prepare an application in the prescribed format (FORM XIV). After logging in, click on the "Click for Online Copyright Registration" link. Complete the "Copyright Registration Form" in four steps:
Submit the application and pay the requisite fees outlined in Schedule 2 of the Copyright Act using the Internet Payment Gateway.
The registrar will issue a Dairy Number upon receiving the application, initiating the registration process. A mandatory 30-day waiting period is observed to allow for potential objections to be raised.
Print one hard copy each of the "Acknowledgment Slip" and the "Copyright Registration Form." Send them by post to the following address:
Copyright DivisionIf no objections are raised within 30 days, a scrutinizer will assess the application for any discrepancies. If no discrepancies are found, the registration process continues, and an extract is provided to the registrar for entry into the Register of Copyright.
If objections are raised, both parties will be informed of it, and a hearing will be scheduled to try and resolve whatever are the concerns.
Following the objection resolution, the scrutinizer will carefully review the application. They will either approve or reject the application based on the specific circumstances.
Once the application is approved, the relevant authority will issue the registration certificate. (takes 2-3 months normally)
To check the status of your registration application, you can follow these given steps:
When applying for the registration of copyright, you may encounter various statuses issued by the registration authority. Given below is the meaning of each status:
Your copyright application is currently in the mandatory review phase. This is where they initially assess your application.
This status means that the copyright office hasn't received all the necessary documents and your application failed the initial formality check.
If you have not given or submitted the required documents or if there have been significant issues with your application, it may be considered abandoned.
Your copyright application is in the process of being examined to ensure it complies with registration requirements.
If there were problems found during the first review, your application might go through a second round of examination.
This status indicates that a hearing is scheduled to address any objections or disputes related to the copyright application. During the hearing, both parties involved may present their arguments and evidence.
Difference between Trademark, Patent and Copyright |
Trademark |
Copyright |
Patent |
Meaning |
Trademark protects any word, symbol or design that identifies a business and distinguishes it from others. |
Copyright safeguards the expression of ideas in artistic works, including books, paintings, music and computer programs. Copyright protection excludes others from using the work. |
Patents protect the inventions of inventors, granting exclusive rights and excluding others from using the invention. |
Significance |
Brand Identification |
Expression of Idea |
Invention |
Governed by |
Trade Marks Act, 1999 |
Indian Copyright Act, 1957 |
Indian Patent Act, 1970 |
Components |
Protects distinctive marks, symbols or designs |
Protects artistic and literary works |
Protects inventions |
Registration Requirement |
Trademark registration is not mandatory, but it is advisable as it provides exclusive rights over the mark or symbol. |
No registration is required for copyright. |
Patent registration is mandatory. |
Exclusions |
Prevents others from using the same logo or symbol. |
Prevents others from copying the work. |
Prevents others from using the invention without consent. |
Validity Term |
10 Years |
60 Years |
20 Years |
Whenever there is a case of copyright infringement, there may be penalties imposed which is as per the severity of the infringement. Given below are the penalties applicable for copyright infringement:
Minimum punishment: Imprisonment for 6 months.
Minimum fine: Rs. 50,000.
Minimum punishment: Imprisonment for 1 year.
Minimum fine: Rs. 1 lakh.
StartupFino is a company that specializes in offering complete copyright registration services. We're here to assist you every step of the way, right from offering guidance during the initial phase to making sure you fulfill all the essential requirements and comply with regulations after your registration is complete.
Meeting the list of basic conditions mentioned and preparing all necessary documents and requirements is important for a successful copyright application and for proper registration and protection of creative works. Avail these services from StartupFino’s professional team to register your copyright with ease and convenience.
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