Copyright Registration in India
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Copyright is the bundle of rights given to an author for his or her work. All Literary, Musical, and Dramatic works as well as Artistic Works (photographs, paintings, drawings, sculptures and other similar works) are protected under copyright. Copyright comes into existence as soon as a work is created, but it is always advisable to get a copyright registration to protect your original piece of creative work.
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Copyright registration is a simple and easy process. By registering your work with the copyright office, you become a legal owner or proprietor of your creative work in respect of music, books, website, paintings, mobile application, etc. Copyright registration protects your original work from being copied or misused. No individual is allowed to use a similar work or creation without permission from the creator or author. Copyright registration protects your rights against Copyright Infringement. It gives the owner of the work official permission to prevent anyone else from making unauthorized use of the work.
Copyright Registration is the process of making sure your work is protected. By registering your work, you can make sure that no one else can use it or change it without your permission. With Copyright Registration, you are certifying that you are the original creator of your work and that nobody else owns the same work or creation.
Reasons to Register Your Copyright.
Creates Good Public Image – Copyright Registration helps to create a Good Public Record. This means that your work is protected and no one can use it without your permission.
Acts a Legal Evidence for Ownership – A registered copyright ensures that the work is original and prevents it from being copied. It can also be used as legal evidence in court.
Protects Work from Infringement – A copyright registered with the government allows the owner to file a suit and take legal action against anyone who violates his or her copyright.
Provides Economic Benefit – In India, one can register his/her work with the Registrar of Copyrights to obtain economic benefits regarding the use of a work. These include public performances, broadcasting a work and making copies of it.
Permits Author to Change the Form of Work – Once you obtain copyright registration for your work, only you or the creator can alter it in any way. For example: If you copyright a novel, you can revise the text or write a sequel.
Allows Transfer of Rights – A copyright gives the owner of a work the exclusive right to sell it, pass it on to another person, or transfer this right.
Copyright Registration Procedure in India
Step 1: Create the Applicant’s login ID and Password on copyright portal.
To apply for a copyright registration, the applicant needs to create a user ID and password in advance. The applicant can do this by clicking on the “New User Registration” link.
Step 2: Filling the Application online
Copyright registration is a process where a copyright claim is made on behalf of the owner of a work. As such, an application for registration must be filed with the Registrar along with details of the work. After logging in to the official website, applicants can file the application form for Copyright Registration either manually in the office or via an e-filing facility available on the site. For online filing, applicants should click on a button “Click for Online Copyright Registration” and file an online Copyright Registration Form with all necessary documents. The Registrar will issue a Diary Number to you after filing your Copyright application form.
Step 3: Examination of Copyright Application by registrar of copyright.
After filing the application, the next stage is to wait for a diary number to be issued. Once this number is issued, there is a thirty-day waiting period for the copyright examiner to review your application. Once the examination process is complete, your registration will be categorized into two parts:
If an objection is raised against the applicant, a letter is sent to both parties and they are called for the hearing by the Registrar. If the objection is declined upon hearing, then the applicant can ask for the examination and inconsistency procedure is followed.
If No Objections Are Raised – In the absence of objections, the examiner consents to review and scrutinize the application to find any disparity. If no discrepancy is found, and all the essential documents are provided along with the application, the applicant is allowed to proceed further with the next step. However, if discrepancies are found, a letter of the discrepancy is sent to the applicant. The applicant shall reply on this discrepancy notice and based upon his/her reply, a hearing is conducted by the registrar. Once these differences are resolved, the applicant is allowed to move ahead to the next step. However, if these differences are not resolved sooner or later, then his/her application gets rejected, and a rejection letter is sent out.
Step 4: – Issuance of Registration Certificate.
The last step is the issuance of the copyright registration certificate. To register copyright, an applicant will need to complete an application form and send it to the Registrar along with any relevant documents. The Registrar will review the materials submitted and might ask for more information and documents if needed. Once satisfied that all requirements have been met, the Registrar will enter the details of the copyright application into a register of copyrights and issue a certificate of registration. Note—The Copyright registration completes when an applicant is issued an extract from this register (ROC).
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