Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, photograph, Painting, a speach, movies, songs, source code of a software program, the binary executable file, Website, Mobile App, and architecture.
It registration with IPR Authority essentially ensures that any creative work cannot be copied without the permission of the author or creator. This allows the author to charge others for copying his work, or modifying it, or building on top of it. For example, downloading an image from Shutterstock and using it on your own website without purchasing or taking on rent is violating the copyright of Shutterstock. Shutterstock can file a suit against you to claim its value of the image.
By Registering your work, basically you wanted to protect your right over that and some sort of earning by letting it to others for using.
Logo, Books, Periodicals, Magazines,Painting, Picture, graphics and sculpture
Website, Mobile App and Computer Program
Video, Music, cinematographic films, Dramatic works, Rest Other works
Changes of Records
Application for change in particulars of copyright already entered in the Register of Copyrights
Literary, Dramatic, Musical or Artistic work,
License to communicate
to communicate an any work to the public by Broadcast
Rate is per applicant per station
License to perform any work in public
License to publish or communicate to the public the work or translation
An application for a license to produce and publish a translation of a Literary or Dramatic work in any Language
Above fees include Govt. fee, Our professional fee and GST
Benefits of Copyright Registration in India
Copyright registration creates a public record of the ownership by copyright holder.
Legal Action against others
Enables the owner of the copyright to take legal action against infringers in a court.
Legal right Established
Any legal action taken before or within a certain period from the date of publication, then adequate evidence can be presented in court relating to the validity of the copyright the facts that are stated in the certificate of copyright.
Holding rights since application filed
In case registration is made within a short span of time the person’s work or at any time prior to the infringement of the copyrighted work, the copyright owner is permitted to claim statutory damages in a high court.
Right to use, Re-Use & Reproduce
Copyright gives the right to use, re-use, reproduce the copies and can sell the copies. By copyrighting one can import or export whole or part of work.
Free to Create derivative work
Owner is free to create any derivative work and can demonstrate it publicly.
Work can be indulged in transmitting or displaying it by radio or video. Copyright, therefore, encourages enterprise and enables an encouraging climate to motivate economic activity.
Enables moral rights
Enables moral rights to be identified as the creator or the author of definite kinds of material (known as the paternity right), and can raise any objection to the distortion and mutilation of the right.
Gives economic stability
Ensures economic stability for the creator by allowing him to reproduce his work or art in whichever form he deems it necessary
Copyright online registration process in India
First take the registration on IPR copyright website and on successful registration Login with User ID and Password
Application for registration is to be made on Form XIV ( Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules.
Separate applications should be made for registration of each work
Payment of Fee
Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules
Signature / Power of Attorney
The applications should be signed by the applicant. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed, if applicable.
On completion of all process Submit and get dairy number (acknowledgement)
Once the application approved, Registration Certificate issued. This complete process takes atleast 2 to 3 months by department in normal course.
What all things are Protected under a Copyright?
Literary works (e.g., written books, computer programs, website)
Dramatic works (e.g., scripts for films and dramas) including tunes
Artistic works (e.g., Painting, Picture, graphics and sculpture)
Our service package for copyright registration inclusion
Our Copyright Experts give on call consultation to client first to make him clear about the process of registration with authority and Documents requirement.
Our Copyright Expert prepare your application. We co-ordinate with you for all the copyright documents.
As soon as your documents reached to us and your application is processed properly, our expert then file your copyright application online as well as physically as and where required to be filed along with fee.
On successfully filed Dairy note ( acknowledgement no.) is issued to to you immediately. You can check your application updated status online.
Once your application approved, Registration Certificate issued. This complete process takes atleast 2 to 3 months by department in normal course. We deliver Certificate to you immediately.
Documents requirement for copyright registration in India
Title of Original Work
Class & Description of Original Work.
Website copyright - give the URL of the website
Nationality of the Applicant owner
Identity proof of Applicant owner
Other Documents as per Work
Life cycle of Copyright application
Rights of copyright owner under copyright act 1957?
Owner can either exercise using the copyright or authorize the doing of any of the following:
Reproducing the work in any tangible form & storing it in any medium by electronic means.
Issuing copies of the work to the public not being copies already in publication.
Performing the work in public, or communicate it to the public to make any translation or adaptation of the work.
Selling or transferring, or offer for sale or hire a copy regardless of whether such copy has been sold or given on hire on earlier occasions.
Know the meaning of different status of Copyright Application filed
Meaning of different Status mark by authority on submission of copyright application
*Work Awaited: Work yet to be received.?
*Waiting: Payment Accepted,Application in mandatory waiting period of one month(Copyright Act 1957).?
*Documents not received, formality check failed: Documents/works not received only after making payment. ?
*Abandoned: Documents/works not received after filing.?
*Scrutiny: Application is under process.?
*Discrepant: Application is not in complete format a letter will be sent to you by Registered Post.?
*Re-Scrutiny: Application is under process again with Reply sent by you.?
*Hearing: Hearing on Objections.?
*Registered: ROC is Generated will be sent to you by Registered Post.
How to check copyright application status
Open Copyright Govt. Website
http://copyright.gov.in/ is Copyright Registrar Website in India.
Click on 'Status of the Application" or "http://copyright.gov.in/frmStatusGenUser.aspx"
Enter Diary No.
Put the Diary number ( Application acknowlegement number) and Submit
You can find the updated status.
Why do you need FinTax Corporate Professional's service ?
It is important your Application is filed correctly and properly as per legal requirement. Our Experts are well experienced in this line to get your work done smoothly.
What is the scope of protection in the Copyright Act, 1957?
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorised uses. Unlike the case with patents, copyright protects the expressions and not the ideas.
Can I protect my Ideas, Procedures, Methods or Mathematical concepts under Copyright Act, 1957?
There is no copyright protection for ideas, procedures, methods of operation or mathematical concepts as such
Does copyright apply to titles and names?
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
Is it necessary to register a work to claim copyright?
No. Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
Where I can file application for registration of copyright for a work?
The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at Plot no. 32, Boudhik Sampada Bhawan, Sector 14, Dwarka, New Delhi- 110075. The applications are also accepted by post. On-line registration through “E-filing facility “ has been provided from 14th February 2014, which facilitates the applicants to file applications at the time and place chosen by them.
Where to Submit Physically Copyright application?
Plot no. 32, Boudhik Sampada Bhawan, Sector 14, Dwarka, New Delhi- 110075.
The applications are also accepted by post.
Whether unpublished works are registered?
Yes. Both published and unpublished works can be registered. Copyright in works published before 21st January, 1958, i.e., before the Copyright Act, 1957 came in force, can also be registered, provided the works still enjoy copyright. Two copies of published or unpublished work may be sent along with the application. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. One copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office.
When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form XV with prescribed fee.
The process of registration and fee for registration of copyright is same.
Whether computer Software or Computer Programme can be registered?
Yes. Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ and “Object Code” have also to be supplied along with the application for registration of copyright for software products.
How can I get copyright registration for my Web-site?
A website may be understood as a webpage or set of interconnected webpages, hosted or stored on a server, and is made available online to members of public. Users can access the information and other underlying work on a website through various means such as scrolling webpages, using internal hypertext links or a search feature.
Website usually consists of different rudiments which may be copyrightable subject matter that falls within any one of the classes of works set forth in Section 13 of Copyright Act, 1957. The component parts of website can be in different form of digital files such as text, tables, computer programmes, compilations including computer databases (“literary works”); photographs, paintings, diagram, map, chart or plan (“artistic works”); works consisting of music and including graphical notation of such work (“musical works”); “sound recordings” and “cinematograph films”.
Website as a whole is not subject to copyright protection. Generally, non-copyrightable content particular to websites may include but are not limited to ideas or future plans of websites, functional elements of websites, unclaimable material, layout and format or ‘look and feel’ of a website or its webpage; or other common, unoriginal material such as names, icons or familiar symbols.
Applicant is required to submit a separate application for each component work/content appearing on a website.
How can I get Copyright registration for Mobile App?
A Mobile App is a complete, self-contained computer program that is designed to perform specific tasks. Usually called 'Apps' for short, application programs are the most familiar forms of software and come in a very wide variety of types. An App usually has primarily dynamic content and is designed for user interaction. It may be used directly or indirectly in a computer or hand held electronic device.
An App may be registered as a computer program under literary works as provided under Section 2(o) of the Copyright Act, 1957. For this purpose applicant is required to submit an application for registration under software category, accompanied by the source and object code as provided under Rule 70 (5) of the Copyright Rules 2013.
It is important to note that the registration will cover any screen displays generated by that program, provided that the computer program (code) generating the screen display is submitted by the applicant. Mere snapshots of screen displays of an app are not eligible for copyright protection.
How long I have to wait to get my work to get registered by the Copyright office?
After you file your application and receive diary number you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim. In case any objection is filed, the Registrar of Copyrights after giving an opportunity of hearing to both the parties, may decide to register the work or otherwise.
If no objection is filed the application is examined by the examiners. If any discrepancy is found the applicant is given ordinarily 45 days time to remove the same. Therefore, it may take around 2 to 3 months time for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key for speedy disposal the matter.
Is an opportunity for hearing given in all the cases pertain to rejection of registration?
As per the rule 70(12) of the Copyright Rules, 2013, an opportunity of hearing must be given. However, only after hearing, it may be decided to register the work or to reject it. The applicant himself or his/her pleader may appear in the hearing.
As per section 72 of the Copyright Act, 1957 any person aggrieved by the final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Intellectual Property Appellate Board (IPAB).
Whether certificates qualify to be copyrightable subject matter?
Originality is considered as ‘the bedrock principle of copyright’ and ‘the very premise of copyright law’. A work to be a copyrightable subject matter is to be created by the exercise of labour, skill and judgment of the author. Also, such exercise of efforts on the part of the author should not be trivial in nature and thus should not be a mere exercise of the mechanical function of copying the work of another. Variation must be substantial in nature than merely trivial thus requirement of degree of originality is quantitative in nature.
Certificates may be considered as a formal document or written assurance which states an official fact and are generally used as evidence for certain purposes. Certificates are usually monotonous as it contains mere common words or formats which are generic in nature. Certificates are not considered as copyrightable subject matter as it falls under the narrow category of works in which the creative spark is utterly lacking or so trivial as to be virtually non-existent.
What rights are available to copyright author under copyright act?
An author entitle to below rights on his work
# Right to issue the copies of work to public
# Right of publication
# Right to integrity
# Right to reproduce the work
# Right to perform the work publicly
How long is the registration of a copyright valid in India?
Generally, the copyright registration is valid for 60 years.
Is it possible to register a work in Join Name of two person?
Yes. When two or more creators prepare a combined work as an inseparable and interdependent part then both the owners considered as joint copyright owners
Can I sell or Transfer my Copyright to another?
A copyright of work is an intellectual property, which can be sold, transferred, gifted and franchised.
Is my copy right registration in India valid globally?
No. A copyright is valid in India only. However, if you have filed a copyright in India, you can use this as evidence before any government to prove that you were using the copyrighted content first.
How to search the copyrighted work? Is there any platform available?
Unlike a trademark, no platform is available to search the registered copyright. You can only do a proper research on the Google and try to findout if available on internet through any source or postings.
What if someone uses my creation when my copyright application is under process?
You have a protection even if your copyright application is under process. You can immediately take a legal action, send a legal notice to the second party regarding the same. If still, the problem remains unsolved, you can file an infringement case in the court against the person.
What is the difference between copyright assignment and copyright license?
In copyright assignment, the owner transfers the rights over the creation. The owner left with no rights over the work unless the transferee re-assign the copyright to the owner.
In copyright license, the owner licenses the right to use the copyright but retain the interest in the copyright ownership being licensed and in exchange, the owner gets a royalty.
Can I myself file an application for registration of copyright directly?
Yes. Any individual who is an author or rights owner or assignee or legal heir can file application for copyright of a work either at the copyright office or by post or by e-filing facility from the copyright Office web-site "www.copyright.gov.in"
HOWEVER, it is advisable to take the help of consultant to avoid any mistake.
How to Pay Fee for copyright registration?
The fee is to be paid either in the form of Demand Draft or Indian Postal Order favouring "Registrar Of Copyrights Payable At New Delhi" or through E payment Each