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.
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 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).
The following copy right societies exist in India as per the site of Copyright Office of 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.
The fee for registration of a copyright depends upon the work which is to be copyrighted.
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.
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:
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:
The same goes for sound recordings which belong to this category.
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 firstname.lastname@example.org and courier the hard copies of your work. Feel free to get in touch for any query.
Copyright Information sheet
You will be asked to fill after payment or sent by email
Power of Attorney
Power of Attorney will be prepared by us, you will be requested to sign it and email it to us.
Soft copy and hard copy of your work has to be mailed to us.
Issued by copyright registry
We are India`s one stop tech legal registration platform aimed on making legal registrations efficient and affordable to end user, i.e. individuals, entrepreneurs or business owners.
Company Vakil with the help of technology and experts such as lawyers, Chartered accountants, company secretary makes registration error-free and seamless.
We provide variety of services such as Company registration, trademark registration, udhyog aadhaar (MSME), GST, IE Code, trademark renewal, patent registration, founder agreement etc. Similarly you can apply for copyright registration online in India with help of Company Vakil.
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Copy right is form of Intellectual Property Protection i.e. a Bundle of Rights given to the Creator which ensures the protection of work.
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
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.
It is Advisable to have one but not mandatory to have a Copyright Registration.
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.
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.
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.
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.
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.
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.
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.
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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