ONLINE COPYRIGHT REGISTRATION IN INDIA

Music/sound recording

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Literary/dramatic

Rs 2345.00/-All Inclusive                               BUY NOW

Computer Software

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Cinematography films

Rs 11234.00/-All Inclusive                                BUY NOW

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WHAT IS COPYRIGHT REGISTRATION IN INDIA?

The Copyrights in India are registered by the Registrar of Copyrights. For the process of registration of a copyright, an application is to be made to the Registrar as per the provisions of the Copyright Act, 1957. Copyrighting ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity

The author, publisher, owner of the work can apply for the registration of the copyright.

However, the registration of a copyright in India is not compulsory but it certainly confers a list of benefits upon the owner who registers it.

Registration of a Copyright provides protection to the work of creator so that it cannot be copied by anyone and to restore the uniqueness of the product. The rights vary from work to work. It is always recommended to register for copyright. The registration establishes that the person registering it is the actual author of the creative work. This upholds the objective of originality and creativity.

The process of registration of a copyright in India involves a systematic procedure to be followed.

The facility of E-filing of application i.e. filing of an application for registration of a copyright in India is provided to the applicants which can be done through the site of copyright.gov.in.

 

 

WHAT THE COPYRIGHT REGISTRATION ACT SAYS

 

The Copyright Act

A copyright registration in India lasts for 60 years. All original works subject to copy right in India are governed by the Copy right Act. The Act protects the rights of creators of any intellectual property in the form of literature, art, drama, music, sound recording, cinematography, architecture, pictures, graphical images or sculptures etc. from unauthorized usage. In case of original literature, art, drama and musical works the period is counted from the year immediately following the death of the original author. On the other hand, in the case of original sound recordings, cinematograph films, photographs, posthumous publications or any anonymous or pseudonymous publications, work done by the government or any of the international organisations, the 60-year period is calculated from the date of the original publication.

 

The Copyright (Amendment) Act of 2012

The Copy right Act of India has been amended a total of five times in the recent years in 1983, 1984, 1992, 1994, 1999 and in 2012. However, the last amendment of 2012 is of significant importance.

Changes were introduced in Section 33 of the Act as per the amendment, wherein sub-section (3) A was added, with the following proviso that "every copy right society already registered before the coming into force of the copy right (amendment) Act, 2012 shall get itself registered under this chapter within a period of one year from the date of commencement of the Copyright (Amendment) Act, 2012."

Other significant amendments include the addition of Section 33A elated to Tariff scheme, substituting the 'owners of rights' phrase with 'authors and other owners of right' in Section 35 and the omission of Section 34A etc.

The main reasons for introducing amendments were however cited as bringing in conformity with the various international standards as formed by the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT).

 

COPYRIGHT SOCIETIES IN INDIA

The following copy right societies exist in India as per the site of Copyright Office of India:

  • The IPRS Ltd. i.e. the Indian Performing Right Society Limited which caters to all musical works.
  • The PPL Ltd. i.e. the Phonographic Performance Limited which caters to sound recording works
  • The SCRIPT i.e. the Society for Copyright Regulation of Indian Producers of Films and Television which caters to cinematography and television films
  • The ISRA i.e. the Indian Singers Rights Association which caters to singers and performers rights and which was registered on 14th June, 2013.
  • The IRRO i.e. Indian Reprographic Rights Organization which caters to photographic and photo copying works.

 

 

ONLINE COPYRIGHT REGISTRATION IN INDIA

Copy-right as the name suggests arose as an exclusive right of the author to copy the literature produced by him and stop others from doing so.

Copy right deals with the rights of intellectual creators in their creation.

Nowadays copyright law has extended protection not only to literary, dramatic, musical and artistic works but also sound recordings, films, broadcasts, cable programs and typographical arrangements of publications. Computer programs have also been brought within the purview of copyright law.

An online Copyright registration in India is done as per the provisions of Copyright Act, 1957. It provides protection to the work of creator so that it cannot be copied by anyone and to restore the uniqueness of the product. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Copy right ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity.

The significant reason behind registration of a copyright on the work by the artists, publishers and corporates is that it’s the only way to approach the courts in case of a dispute. This provides a legal protection to the owners of the registered copyright. Register musical, sound recordings, films, broadcasts, cable programs and typographical arrangements copyrights from with Company vakil.

Registration of Copyright protects the rights of a person in a work produced by his intellectual labour irrespective of his status.

Original literary, dramatic, musical and artistic works; Cinematograph films; and Sound recordings.

However as per the Copyright laws, there are certain categories of works which cannot be copyrighted.

 

WHERE IT WORKS

  • Literary/Dramatics – Any work which is written, printed or published in the form of a novel, play or a book. Poetry compilations, anthologies or short stories, and even encyclopedias which form a part of literary works
  • Musical – works like a musical composition with graphical notations
  • Artistic – works including sketches, drawings, paintings, object renditions in 2D or 3D, brand logo copyright registrations, posters etc.
  • Computer Software – source code or object code of a given software
  • Sound Recordings – songs and other forms of audio recordings
  • Cinematography films – videos, movies and various animation films

 

WHERE IT DOES NOT WORK

  • Names and Titles – Copyright office states that names, titles, slogans and short phrases cannot be given copy right protection. However, if they are used to uniquely identify a business, good or a service, they can be extended a trademark protection. While creative authorship is protected, the way in which work is identified in workplace is not.
  • Ideas – Ideas such as inventions can be patented, but then it moves into different category of intellectual property. There is no copy-right protection for ideas as long as they are used as a tangible medium of expression. For a copy-right, recording or documental proof should exist. In case of derivative works, there is sufficient grey area that exists between an infringing derivative and a non-copyrightable idea.
  • Works by government and international organizations – Although this is not applicable in all countries, but data available in the public domain is barred from any copy-right protection.
  • Works without facts or authorship – Any work must fulfill a requisite level of creativity to be classified under copy right protection. Established facts and figures don’t fall in this category. However, the defined line of creativity may be fairly low. For example, a citizen directory may not be copyrighted, but a list of ten persons with special traits can be.
  • Fashion – Fashion pieces as a whole enjoy no copy-right protection as they are considered as useful articles. Copy rights however do exist for certain design elements requiring creative intricacy such as pictures, graphics, sculptural elements but only if they are capable of existing independent of any utilitarian aspect of the whole fashion piece.

 

REASONS TO APPLY FOR ONLINE COPYRIGHT REGISTRATION IN INDIA

  • Legal Protection -
    The significant reason behind registration of a copyright on the work by the artists, publishers and corporates is that it is the only way to approach the courts in case of a dispute. This provides a legal protection to the owners of the registered work.
  • Originality of Work -
    Registration of a Copyright provides protection to the work of creator so that it cannot be copied by anyone and to restore the uniqueness of the product.
  • Legal Rights -
    Registration of a Copyright confers various legal rights and remedies to the owner of the copyright. However, an owner of unregistered work cannot claim such legal rights and remedies. For instance, only the owner of registered work can use the product or can grant permission to use.
  • Asset -
    Registration of the copyright makes it an intangible asset for the owner which can help to generate revenues.
  • Market Visibility - An online copyright registration in India can earn widespread visibility in the eyes of desired audience and can be leveraged as a tool for establishing goodwill in the market. It serves as a documented proof or public record of any creative work which you pursue.
  • Usage Rights -The owner of a copyright gets exclusive rights over any use, reuse, reproduction, dissemination, derivation as well as translation of the work.

 

PROCEDURE FOR ONLINE COPYRIGHT REGISTRATION IN INDIA

  • Application:
    An author or applicant can file the application for registration of copyright, himself or via his authorized legal representative. This application can be made by applying physically in the copyright office or through speed/registered post; or through e-filing facility available on the official website of Copyrights Office.
  • Examination
    Once the application is filed, a diary number is received. There is a provision of a mandatory wait period of 30 days, so that “No Objection” is filed against the claim made by the author. If some objection is filed against the copyright claim, then it may take one more month.
  • Registration:
    If the Copyright Registrar is completely satisfied with the completeness and correctness of the claim made in the application, he shall enter the particulars of the work in the register of copyrights and further issue a Certificate of Registration.

 

ONLINE COPYRIGHT REGISTRATION COST/FEE IN INDIA

The fee for registration of a copyright depends upon the work which is to be copyrighted.

  • For Literary, Dramatic, Musical or Artistic Work
    You can get your copyright for Literary, Dramatic, Musical or Artistic Work registered through company vakil at a reasonable cost of Rs 2,345
  • For copyright of a Cinematograph film
    You can get your copyright for Cinematography film registered through company vakil at a reasonable cost of Rs 11,234
  • For copyright of Sound recording
    You can get your copyright for Sound Recording registered through company vakil at a reasonable cost of Rs 3,456

 

ADVANTAGES & BENEFITS OF COPYRIGHT REGISTRATION IN INDIA

  • Legal Protection
    The significant reason behind registration of a copyright on the work by the artists, publishers and corporates is that it’s the only way to approach the courts in case of a dispute. This provides a legal protection to the owners of the registered copy-right.
  • Originality of Work
    Registration of a Copyright provides protection to the work of creator so that it cannot be copied by anyone and to restore the uniqueness of the product.
  • Legal Rights
    Registration of a Copyright confers various legal rights and remedies to the owner of the copy-right. However, an owner of unregistered work cannot claim such legal rights and remedies. For instance, only the owner of registered work can use the product or can grant permission to use. Rights over dissemination, translation, reproduction and adaptation of work are wholly assigned to the creator of the work.
  • Asset
    Registration of the copyright makes it an intangible asset for the owner which can help to generate revenues. A registered copy right can be sold, commercially contracted or franchised with the prior permission of the owner.
  • Publicity
    Registration of copyright helps in publicizing the artistic work in the market which further results in recognition from the masses and creation of an image.
  • Unauthorized Production
    Registration of copyright restricts unauthorized production of the original work thereby maintaining the uniqueness and originality of the work.

 

HOW COPYRIGHT REGISTRATION WORKS IN A WEBSITE / BLOG

Any website intended for copyright registration or a blog can be considered as a combination of several copyrightable items such as design, graphic arts, logo, content etc.

So any content you write in your site, the software you chose for site development comes under copy right laws. So does the photographs, images, gifs and other pictures you put on the site. Even sound clips and videos are protected by copy-rights.

In India, there is no comprehensive online website copyright registration service directly provided by the Copyright Office. So any upgradations or new copyright registrations for a website would require separate applications.

This basically implies that though you cannot provide a blanket copyright registration over the whole website but you can ensure copyright protection of the multiple individual components of the site.

It should be reiterated that it is advisable but not mandatory to go for online website copyright registration process in India. Your IP rights exist over the whole website regardless of any certificate or proof of ownership.

Obtaining a copyright certificate is considered to be a time consuming and cumbersome procedure in general. Here at company vakil, experts are there to guide you at any phase of website copyright registration and get the process started.

 

ONLINE COPYRIGHT REGISTRATION IN INDIA FOR A SYMBOL OR A BRAND 

A brand copyright registration in India makes perfect sense for brands, their logos, slogans and other forms of intellectual property since it successfully distinguishes your offerings from the competition available in the market. A typical brand registration process in India involves the following four steps:

  • Domain Registration – A domain name synchronous with a specific image is required to be protected. Their availability can be searched on platforms like GoDaddy or Google Domains.
  • Business Registration – The official legal name of the business, as will be reflected in the company’s bank accounts, tax filings, legal documents and other contracts is required to be registered. The availability of names can be searched on the company search tab of company vakil website or one can check government platforms like name check facility provided by Ministry of Corporate affairs.
  • Trademark Registration – Any company wanting to go for extensive branding and brand promotion must consider trademarking their image, logo, slogans etc. as it ensures absolute legal protection.
  • Copyright Registration – As already explained, if the brand utilizes any literary, musical, dramatic or artistic works or it is somehow involved in production of cinematograph films and audio/sound recordings, then it should consider copyright registration for the same. For example, if the brand’s logo is embedded with artistic characteristics, it can go for copyright registration of the same, just like what has been done by brands like Starbucks.

 

COPYRIGHT REGISTRATION FOR A SONG AND MUSIC INDUSTRY

 

Copyright registration in case of music and songs is highly advisable since this is one industry highly susceptible to plagiarism and violation of author’s right of ownership of music property. Copyrighting gives a legal blanket to the owner to successfully use, reuse, disseminate and transform his musical work. It also opens doors to additional revenue streams in the form of royalties.

 

To copyright a song in India, an application needs to submitted to the copyright office along with the following documents required for copyright registration in India:

 

  • Two copies of your original work (graphical notes)
  • An NOC i.e. a no objection certificate from the publisher, if the applicant is other than the publisher
  • An NOC from the author, if the applicant is other than the author
  • A specific power of attorney, in the case that the application is being filed through an attorney, which is signed by the applicant in original and approved by the given attorney.

 

The same goes for sound recordings which belong to this category.

DOCUMENTS REQUIRED FOR COPYRIGHT REGISTRATION IN INDIA

 

All the documents stated below are required for Copyright Application filling, you can attach the document in the form after payment or email it to us on documents@companyvakil.com and courier the hard copies of your work. Feel free to get in touch for any query.

  • Identity proof and Residential proof of the owner of the copyright is required to be furnished
  • In case of a company applying for registration, the certificate of incorporation along with the address proof of the company.
  • Most importantly, a copy of the work which needs to be copyrighted is to be provided along with the application form.
Copyright Registration

Copyright Information sheet

You will be asked to fill after payment or sent by email

Pan Card

Id proof

Pan Card

Attorney of copyright

Power of Attorney

Power of Attorney will be prepared by us, you will be requested to sign it and email it to us.

Copyright work

Copyright Work

Soft copy and hard copy of your work has to be mailed to us.

what will you get?

Copyright Registry

Diary Number

Issued by copyright registry

total time taken

1- 2 working days

Copyright Filling Preparation

3 working days

Application filling

2 working days ( If no objection is raised )

Diary Number

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FREQUENTLY ASKED QUESTIONS (FAQ's) ABOUT COPYRIGHT REGISTRATION IN INDIA

 

What is a Copyright?

Copy right is form of Intellectual Property Protection i.e. a Bundle of Rights given to the Creator which ensures the protection of work.

 

What types of work can be protected under Copyright??

Following types of work can be protected under Copyright Act: -

1. Literary Work 
2. Artistic Work 
3. Dramatic Work 
4. Musical Work (includes Lyrics) 
5. Sound Recording 
6. Cinematographic Films 
7. Architectural Work 
8. Pictures, Graphical Images and Sculptures

 

Benefits of having a Copyright Registration?

Following are the benefits of having Copyright Registration:-

1. It serves as a Prima Fascia evidence (i.e. it is the First main evidence) under the Court of Law at the time of Infringement. 
2. To make Assignment of a registered work easier. 
3. It make licensing of Copyright work easier. 
4. It restricts any unauthorized Reproduction of the material. 
5. It acts as an Asset of the Copyright Holder 
6. It helps in Branding or goodwill.

 

Is it Mandatory to have a Copyright Registration in India?

It is Advisable to have one but not mandatory to have a Copyright Registration.

 

What are the various documents required for online copyright registration in India?

Under the documents required for online copyright registration in India, along with the identity and address proof, a copy of the work to be copyrighted and NOC from the author, in case applicant is different is needed. For a company though, its name, certificate of incorporation as well as address proof would be required.

 

What’s the difference between a trademark and a copyright?

While a copy right is used to preserve the uniqueness of contents such as music, art, drama, cinematograph and sound recordings etc, a trademark is basically a mark given to a brand name, its logo or slogan to prevent is legal misuse or duplication.

 

Is a copyright in India is applicable only in India?

A copyright registered in India is applicable only in the same country. However, it can be produced as a legal evidence before government of any country once you have obtained a copyright over certain material.

 

Is it possible to transfer an online copyright registration?

Yes. A given online copyright registration can be transferred as well as sold, gifted and franchised to any other individual or firm provided a due consent is obtained beforehand from the original owner or author of the whole work.

 

What are the rights associated with the ownership of a copy right?

The owner of a copy-right gets exclusive rights over any use, reuse, reproduction, dissemination, derivation, translation as well as adaptation of the work. There are also legal rights conferred to him, applicable in case of any dispute.

 

What do you mean by performer’s rights?

If a person is listening to a lecture or a story, he can be in a position to first reproduce the work in some material form. Similarly, if it is a musical performance, the same can be recorded using a tape. But this does not mean that simply reducing the given performance to material form makes them copyright owner of the same. It is not the case as some special rights known as the performer’s rights have been conferred to the owner of the individual work. In this particular case, the performer can be an actor, singer, musician, conjurer, dancer, juggler, a lecturer or any artist delivering a performance.

 

What are some of the categories in which copyright does not work?

A copyright does not work if its only an idea, a name or a title, works by government and international organizations, work without facts or authorship or in case of fashion. However, there is a catch and it’s possible to find a workaround in each of the above categories, in order to register some copyright.

 

Is copyright registration applicable to websites?

As explained, there is no legal blanket covering the entire website in general. However, individual components of the site, such as the images, sound clips, videos, photos and posters can be copyrighted. The contents of the site function as literary component and can be copyrighted.

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