Understanding Copyright

Copyright is the legal right granted to creators of literary, dramatic, musical, and artistic works, as well as producers of films and recordings. It grants the holder the exclusive rights to reproduce, replicate, adapt, translate, and distribute the work they have created. Copyright serves to safeguard authors’ rights over their creations, providing them with certain minimum protections and ensuring that creativity is rewarded and protected.

The Copyright Act of 1957 serves as the primary legislation governing copyright in India. It protects original literary, dramatic, musical, and artistic works, as well as cinematograph films and sound recordings, from unauthorized usage and copying of their creations. It’s important to note that copyright protects the expressions of ideas and not the ideas themselves. Therefore, there is no copyright protection for ideas, procedures, methods of operation, or mathematical concepts.

Advantages of Copyright Registration

Benefits of Copyright Registration:

1. Public Record of Ownership: Copyright registration establishes a public record of ownership, providing evidence of the creator’s rights to the work.
2. Prevents Copying and Duplication: Copyright registration deters unauthorized copying and duplication of the work by providing legal recourse against infringement.
3. Legal Commercial Use of By-Products: Registered copyright allows for legal commercial use of by-products, such as adaptations, translations, or derivative works, with proper authorization.
4. Transfer of Rights: The owner of the copyright-protected work can sell or transfer the rights to another person, enabling the transfer of ownership while maintaining copyright protection.
5. Protection Extended After Creator’s Death: Copyright protection continues even after the creator’s death, ensuring that their creative works are safeguarded and their rights are preserved for the benefit of their heirs or beneficiaries.

Copyright Registration Procedure

1. Preparation of Copyright Registration Application: The applicant must prepare the copyright registration application in Form IV, providing all required details and documentation.
2. Submission of Application: The application must be duly signed by the applicant and submitted by the advocate under whose name the Power of Attorney has been executed, ensuring proper authorization.
3. Online Filing of Application: The application for copyright registration is filed online through the designated portal, following the specified procedures and guidelines.
4. Handling Discrepancies or Objections: If discrepancies or objections are identified during the examination process, a discrepancy notice will be issued. The applicant must respond to the notice within 30 days from the date of issuance, addressing and resolving the issues raised.
5. Issuance of Registration Certificate: Upon successful completion of the examination process and resolution of any discrepancies or objections, the Copyright Office will issue the Registration Certificate, confirming the copyright registration.

Documents Needed for Copyright Registration

Documents Required for Copyright Registration:

Proof of Applicant

1. PAN Card
2. Address Proof of Applicant
3. Certificate of Incorporation (if registering copyright for a Company)

Nature of Work

1. Copies of the original work
2. Class & Description of the Work
3. Title of the Work
4. Language of the Work
5. Date of Publication

NOC from Author/Publisher (if applicable)

Power of Attorney in favor of the Lawyer/Attorney