Copyright Registration

Copyright is the right of ownership authorized to literature, drama, music, artworks, sound recordings, website, etc. Copyright registration grants a various rights that comprise rights to reproduction, communication to the public, adaptation, and translation of the work. Registering a Copyright ensures certain minimum safeguards of the rights of ownership and enjoyment of the authors over their creations, which protects and rewards creativity.

It is necessary to register for copyright because it gives its owner exclusive rights to distribute, recreate, reproduce the work or give consent to another entity for the same. It offers many rights – communication to the public, rights of reproduction, modification, and translation of the work.

Lately, there has been a significant increase in the amount of intellectual property being registered in India as the awareness about intellectual property laws has increased. Copyright registration happens to be one of the critical types of intellectual types of property protection.

Copyright registration is done as per the regulations of the Copyright Act, 1957. The author's creative work if registered under copyright cannot be copied as no person is allowed to use the same without the permission of the author or the creator. The owner can charge others for using or changing his work. The copyright protection typically lasts for 60 years.

One should submit the following documents to obtain copyright registration:

• Id Proof of the applicant (Name, address, and nationality)

• NOC duly signed by the publisher in case the publisher and the applicant is two different individuals

• Search Certificate from Trademark office if any

• NOC from a person whose photograph appears on the work

• Power of attorney

• 2 Copies of the applicant’s work (Book / Source code in CD (if Website copyright))

• KYC of author

Copyright registration can be obtained for any works related to literature, drama, music, artworks, sound recordings, website, etc. Copyrights are given to mainly three classes of work, and each class has its distinctive right under the copyright act.

Original literary, dramatic, musical, and artistic works contain the copyright for books, music, painting, sculpture, etc.

Cinematography films are another class of copyright that consists of any work of visual recording on any medium.

Sound recordings have a different class under the copyright act that consists of a recording of sounds, regardless of the medium on which such recording is made or the method by which the sound is produced.

The Copyright registration application can be made on Form IV in a necessary manner and the applicable fees. Whether it is published or unpublished work, it can be copyrighted. For published work, three copies of the published work need to be submitting along with the application.

While for unpublished work, a copy of the manuscript needs to be submit along with the application for affixing the stamp of the copyright office is proof of the work having been registered.

Following is the process of getting copyright registration in India:

1. The application for copyright registration has to be filed in the prescribed forms that mention the particular's work. Depending on the type of the work, a separate copyright application may need to be filed.

2. The applicant needs to sign the forms, and the Advocate must submit the application under the name the POA has been executed, and submit the necessary forms with the Registrar of copyrights.

3. The Diary number will be issued once the application is submitted online.

4. Within the period of 30 days, the copyright examiner reviews the application for potential objection or any other divergence.

5. If there is any objection raised, a notice will be issued, and the same has to be compiled within 30 days from the date of issuance of the notice. The examiner may call both parties for a hearing.

6. After the discrepancy has been removed or no objection, the copyright is registered, and the Copyright Office will issue the registration certificate.

Usually, copyright protection is valid for 60 years. In the case of original literary, dramatic, musical, and artistic works, the 60 years is counted following from the year of the owner's death.

While in the case of the cinematographic films, sounds recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government, and work of international organizations, the 60 years is counted from the publication date.

Copyright infringement of any work is a criminal offense and is punishable under Section 63 of the Copyright Act. There can be detention for six months with a minimum fine of Rs. 50,000.

Also, in case copyright that has occur already or is likely to occur, then any police officer who is not below the rank of sub-inspector, may if he is satisfied, seize all copies of the work that are used for the making infringing copies of work without a warrant.

Right of Reproduction
Copyright registration concedes exclusive rights to the copyright owner. An individual cannot make copies or reproduce work of others without the permission of the copyright owner.

Right of Adaptation
The Act allows the owner to use his piece of work the way he wants to use it. He can create any flow of his original work. He can also use a different format based on his existing creation.

Right of Communication to the Public
The owner can showcase their original work to the public. The copyright owner can use any visual signs or images.

Right of Public Performance
The owners of artistic and musical work can perform their works in public as per their interest. A musician can play his piece of music for the people. An artist can perform in public or any platform the artist wishes to.

Right of Paternity and Integrity
The creators of original work are grant with the rights of integrity and morality. The right of attribution or paternity implies that the creator can claim the sole authorship over his piece of work.
The right of integrity allows the owner to claim damages from the individuals. If anyone tries to disfigure, modify or distort the original piece of work, the copyright owner can claim the individual's damages.

Right of Distribution
The Copyright Act allows the owner to distribute his work in any form he likes. If he wants, he can also transfer his certain rights to another person to use the copyright.

Provides Legal Protection
The owners enjoy legal protection when their work is reproduced without their authorization. Registering a Copyright makes it much easier to protect the original work against infringement.

Market Presence
Copyright registration creates a public record of the work, and proof of ownership is established for the creative work.

Rights of the Owner
The owner of registered copyright gets the rights to reproduce, distribute, adapt and translate the work.

Lawful Use of Copyrighted Work without Permission
The law under some conditions allows the use of a registered work without the owner's permission for research, study, criticism, review, and news reporting, as well as the use of works in libraries and schools and the legislatures. To protect users' interests, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions of the uses of the work are as follows:
For research or private study,
For criticism or review
In connection with a judicial proceeding
For performance by an non-professional club or society, if the performing for a non-paying audience and
The making of sound recordings of literary, dramatic, or musical works under certain conditions