Copyright Registration Online In India

Copyright Registration

Copyright registration is a legal process designed to protect intellectual and artistic works from unauthorized use, copying, or imitation. In India, such protection is governed by The Copyright Act, 1957, which covers producers, owners, and creators of original works.

This act safeguards various forms of intellectual property, including literature, music, films, sound recordings, and visual arts. It empowers individuals to defend their rights against fraudulent and unlawful exploitation of their creations.

Over time, The Copyright Act, 1957 has been amended to include newer forms of work, notably in the digital realm. The latest amendments encompass computer software, digital content, and databases, allowing creators to protect these works from unauthorized use and distribution.

The primary aim of copyright registration is to encourage innovation and creativity by providing creators with financial benefits and recognition, thus promoting the production of high-quality content across diverse fields.

Provisions of the Copyright Act, 1957

Scope of Protection

The Act covers a broad range of creative works, including music, art, drama, cinematographic films, sound recordings, and literary works.

Validity

In India, copyright protection typically lasts for 60 years posthumously for dramatic, literary, artistic, and musical works. For cinematographic films and sound recordings, the duration is 60 years from the date of publication.

Exclusive Rights

Copyrighted works grant the owners exclusive rights to reproduce, adapt, distribute, perform, and display their work. Owners also have the authority to permit or deny others from using their works in these ways.

Remedies against Infringement

The Act defines copyright infringement and lists the remedies available to original owners, including legal action and penalties against violators.

Fair Use

The Act outlines provisions for the fair use of copyrighted materials, allowing their use for research, criticism, review, or educational purposes, given proper permission is obtained from the original creator.

Amendments

The Act has undergone numerous amendments to include more works, align with international copyright treaties, and accommodate new technological developments.

Eligibility of Copyright Registration

To qualify for copyright registration in India, a work must meet the following essential criteria:

• Originality: The work must originate from the author's own creative effort and not be a mere replication of existing works.
• Fixed in a Tangible Medium: The work must be expressed in a tangible form, such as being written, recorded, or stored in a physical or digital medium.
• Qualifying Categories: The work must belong to one of the following categories protected under Indian copyright law:
• Literary Works: Including books, articles, poems, and plays.
• Dramatic Works: Encompassing plays, screenplays, and choreographic works.
• Musical Works: Covering songs, compositions, and recordings.
• Artistic Works: Including paintings, sculptures, photographs, drawings, and architectural designs.
• Cinematographic Films: Encompassing all forms of film.
• Sound Recordings: Including all audio recordings.
• Software: Covering computer programs and applications.

This ensures that trademark owners have an opportunity to retain their brand’s legal protection and unique identity even after missing the initial renewal deadline.

Document Required for Copyright Registration

Artistic Works

• Application Form:Duly filled and signed application form.
• NOC from Artist:If the work is commissioned, a No Objection Certificate (NOC) from the artist may be required.
• Authorship Declaration:A declaration stating the authorship of the artistic work.

Cinematograph Film

• Application Form:Completed and signed application form.
• NOC from Scriptwriter and Music Composer:If different from the filmmaker, a No Objection Certificate from the scriptwriter and music composer.
• Details of Film:Synopsis, dialogue, and music details.

Music

• Application Form:Duly filled and signed application form.
• Sheet Music or Notation:Sheet music or musical notation of the composition.
• NOC from Lyricist and Composer:If different from the copyright applicant, a No Objection Certificate from the lyricist and composer.

Literary/Dramatic Works

• Application Form:Completed and signed application form.
• Manuscript or Copy of Work:A copy or manuscript of the literary or dramatic work.
• NOC from Publisher:If the work is published, a No Objection Certificate from the publisher may be required.

Sound Recording

• Application Form Duly filled and signed application form.
• Copy of Sound Recording A copy of the sound recording for which copyright protection is sought.
• NOC from Producer A No Objection Certificate from the producer, if applicable.