Copyright registration Procedure in India

What is copyright?

Copyright (or author's right ) is a legal term used to describe the rights that creators have over their literary and artistic works. Work covered by the copyright range from books, music, paintings and films, to computer programs, databases, advertisements and technical drawings.

Copyright Infringement:

• Copyright Infringement is the use or production of copyright-protected work/material without permission Of the copyright holder.
• What kind of work can be registered using a copyright?
• In India, copyright can be taken for original works that fall in the area of:
• Musical works,Literary works like books and manuscripts,Cinematography films,Fashion designs,Artistic works like paintings,Performances,Software and other computer programs and compilations, etc.
• However, it must be remembered that copyright does not protect titles, names, ideas, concepts, slogans, methods, and short phrases.
• Documents required for copyright registration:
• 3 copies of the work if the work is published;
• If the work is not published, then 2 copies of manuscripts;
• If the application is being filed by an attorney, then special power of attorney or vakalatnama signed by the attorney and the party;
• Authorization in respect of work, if the work is not the work of the applicant;
• Information regarding the title and language of the work;
• Information regarding the name, address and nationality of the applicant;
• Applicant must also provide his mobile number and email address;
• If the applicant is not the author, a document containing the name, address and nationality of the author, and if the author is deceased, the date of his death;
• If the work is to be used on a product, then a no-objection certificate from the trademark office is required;
• If the applicant is other than the author, a no-objection certificate from the author is required. In this case, an authorization of the author may also be required;
• If a person’s photo is appearing in the work, then a no-objection certificate from such person is required;
• In case the publisher is not the applicant, a no-objection certificate from the publisher is required;
• If the work is published, the year and address of first publication is also required;
• Information regarding the year and country of subsequent publications;
• In case of copyright is for software, then source code and object code are also required. 
• Reference:http://copyright.gov.in/Documents/Check_List-WorkWise.pdf 

Procedure for registering a copyright:

1.Filling application: 

File the application and submit according to the Copyright act.The author of the work, copyright claimant, owner of an exclusive right for the work or an authorized agent file an application either physically in the copyrights office or through speed/registered post or through e-filing facility available on the official website (copyright.gov.in). The requisite fee must also be given, Different types of work have different fees. For example, getting the copyright for an literary work registered, the application fee is INR 500, while for getting the copyright for a cinematograph film registered is INR 5000.

At the end of this step, the registrar will issue a dairy number to the applicant.

2.Objections:

Once the dairy number is issued, there is a minimum 30 days waiting period. In this time period, the copyright examiner reviews the application. This waiting period exists so that objections can arise and be reviewed. 

3.Resolvation: 

30 days is the time for the applicant to resolve the objection raised. If objections are raised by someone against the applicant, letters are sent out to both parties and they are called to be heard by the registrar.Upon hearing if the objection is rejected, the application goes ahead for scrutiny and the above-mentioned discrepancy procedure is followed. In case the objection is not clarified or discrepancy is not resolved, the application is rejected and a rejection letter is sent to the applicant. For such applicants, the copyright registration procedure ends here.

4.Examination:

Examinar check the application and the resolution if any is given.

5.Grant of Copyright:

Copyright registration certificate is provided if the application passes through.The process of copyright registration   completes when the applicant is issued the Extracts of the Register of Copyrights (ROC).