COPYRIGHT REGISTRATION IN INDIA
The term copyright by law is the legal right which is given to the creators of literary/music/artistic work, to the producers of feature films and recordings. When a proprietor registers for a copyright, it gives him or her an exclusive right to reproduce/ replicate/distribute that work. Furthermore, he or she can grant authority to some other entity for the same. An individual goes and registers for copyright because it helps him or her to communicate and share his/her work with the public, gives him/her the authority to sell the reproduction/adaptation/translation rights to other individuals or organizations for financial benefits.
COPYRIGHT REGISTRATION IN INDIA
The copyright registration application has to be submitted in the concerned forms with the Copyright Registrar, mentioning the details and particulars of the work. As per the type of works submitted different copyright applications may have to be filed. The forms must be duly signed by the said applicant and the application must be filed and submitted by the advocate under whose name the power of attorney has been executed. Once the application is submitted online, the applicant will be issued the diary number. There is usually a waiting period of 30 days within which the Copyright Examiner reviews the said application for potential discrepancies or objections. If a discrepancy or objection has been found, a discrepancy notice will be issued to the applicant. The applicant needs to comply to this notice within a time period of 30 days.
Once the discrepancy has been solved & removed/ or if there are no discrepancies or objections with the application, the copyright shall be registered. The Copyright Office will issue the Extracts of Register of Copyrights (ROC) which is the registration certificate
ADVANTAGES OF COPYRIGHT REGISTRATION
Legal Protection: In order for a creator of an original work to protect his or her work legally from being reproduced/ infringed without their authorization, it is very essential for them to go in for copyright registration of their creation.
By registering a copyright, a public record of the creator’s work is created and a proof of ownership is established for their original creative work. A copyright registration can also be used while marketing. It helps to build goodwill in the mind of the customer.
A copyright registration gives the creator legal rights to sell the reproduction/adaptation/ and translation rights of their original work to whoever they choose fit.
DOCUMENTS REQUIRED FOR COPYRIGHT REGISTRATION
- The name, address & nationality of the applicant
- The name, address and nationality of the author of the work
- The nature of the applicant’s interest in the copyright. This is necessary to determine whether the applicant is the author of the work or the representative of the author
- The copies of the original work
- An ID proof of the owner and Incorporation certificate if the application is for business
NATURE OF THE WORK
- The class and description of the work
- The title of the work
- The language of the work
- The date of publication. Please note : The publication of an article/piece in an internal magazine like a company magazine/or a research paper submitted to a professor does not count as publication.
SCOPE OF COPYRIGHT PROTECTION
The Copyright Act, 1957 helps to prevent unauthorized use of original literary/musical/dramatic/sound recordings/cinematograph and any other artistic works. Both published and unpublished works can be copyrighted under this act, and the copyright of the original work is reserved for the original creator. The copyright can also be registered for works that were published before 21st January 1958. This means that any work that was published before the Copyright Act came into existence can also be registered and protected under the same act.
The copyright protection of original literary/musical/dramatic/and artistic works lasts for the entire lifespan of the author or creator. In addition to that, the copyright is valid for another 60 years counted from the year following the death of the author. This is in the case of sound recordings, cinematograph films/photographs/posthumous publications which are published post the death of the author/ anonymous and pseudonymous publications/government works and works of international organisations.
RIGHTS OF THE COPYRIGHT OWNER
The Indian Copyright Act 1957, pertains to matters related to copyright in India. It protects the economic, legal, and social interests of the copyright owner. The Copyright act gives exclusive rights to the original owner on the following aspects: –
- Right of Reproduction: The Copyright Act states that no individual can make copies of, or reproduce protected work, in part or whole, without the official permission from the copyright owner. This clause restricts copying a song/any sound/or any form of video recording in a recording device
- Right of Adaptation: The Copyright Act gives exclusive rights to the creator to use his or her piece of work the way he or she chooses. He or she can create any number of derivatives of his or her original work. He or she can also prepare a new piece of work in a different format, based on his or her existing creation. The Copyright Act defines the following actions as “adaptation”. The conversion of movies/plays/dramatic works or choreographic shows into literary or non-dramatic works such as novels, poems, and books. The conversion of artistic and literary works such as photography/sculpture/ drawings/paintings, etc into forms of dramatic work. A pictorial description of the original work is also considered an adaptation. Any alteration or modification of non-dramatic and dramatic work is also considered an adaptation. The transcription of a musical piece/work is also considered an adaptation
- Right of Communication to the public: The Copyright Act also gives exclusive rights to the copyright owners to broadcast their original work to the public. They can do so by wireless diffusion in any other form of visual images or signs
- Right of Public Performance: The Copyright Act gives exclusive rights to the owners of artistic and musical work to perform their works in the public domain. An actor can make a public performance of any of his plays. A musician can play his piece of original music for the masses anywhere he or she chooses. Similarly, other artists can broadcast their performances in public and on any platform of their choice
- Right of Paternity And Integrity: The Copyright Act gives the twin moral rights of integrity and paternity to the creators of original work. The right of attribution or paternity means that the owner or creator can claim the sole authorship rights over his or her piece of work. That means he or she can have it attributed to himself or herself. Any person or organizations who wants to adapt or reproduce the original work needs to give the original author his or her due credit in all forms. If that credit doesn’t happen, then the author is at liberty to file a legal suit against the unauthorised maker. For example, before a movie is made on a particular book, the filmmaker must just not acknowledge and give credit to the author but he or she may have to purchase the official adaptation rights from the author. The right of integrity on the other hand gives a different kind of protection to the copyright holder. If any individual mutilates/changes/ distorts the original work of the copyright holder, the copyright holder can claim damages from the individual. This is done on the understanding and pretext that such an act has caused the loss of reputation to the creator and is disrespectful to his or her original creation.
- Right of Distribution: The Copyright Act gives exclusive rights to the copyright holder to distribute his or her work in whatever form he or she chooses such as selling/reproducing/leasing/lending/ renting. If the copyright holder wishes, he or she can also transfer certain rights to another individual or enterprise to use the copyright in part or whole. This is specific to certain subject limitations.
Our team of copyright experts and lawyers at ACE ALLIANCE will help you with legal advice and step by step support with your copyright application. Our team will help you file your copyright application, collect the relevant information to complete the application so that your work gets registered. Our team will follow up with the authorities and take care of all the formalities till your registration is complete.