What is Copyright Registration?

Copyright is a kind of intellectual property protection like trademark and patents. Copyright registration is done following the Copyright Act, 1957. With copyright registration, you become a legal owner of your creative work in respect of books, paintings, music, website, etc. Copyright registration with the authority secures the creative work of the author cannot be copied. No person is allowed to use the same without the permission of the author or creator. The author is entitled to charge others for using his work or changing it.

Copyrights registration safeguards the rights of the inventor from infringement. In India, the registration gives its owner exclusive, individual rights to distribute, replicate, reproduce the work or give authorization to another entity for the same. It offers a bunch of rights – communication to the public, rights of reproduction, adaptation, and translation of the work. However, ideas, procedures, methods of operation or mathematical concepts cannot be copyrighted.

Things Protected Under Copyright
1. Cinematography film
2. Sound recording
3. Musical work & Sound recording
4. Artistic work like paintings, photographs
5. Original literary others
6. Cinematography film
7. Sound recording
8. Musical work & Sound recording
9. Artistic work like paintings, photographs
10. Original literary others

Rietway Consultants Copyright Package

The Services which are included in our package are as Follows:
✅ Consultation
✅ Preparation of Copyright Application
✅Application Filing
✅Paying Government Fees
✅Issuance of Dairy Number

Documents Required for Copyright Filing

1. Name, Address & Nationality of the Candidate – ID proof.
2. NOC from the publisher if work published and publisher is different from the applicant.
3. Search Certificate from Trade Mark Office (TM -60) if any.
4. NOC from a person whose photograph appears on the work.
5. Power of Attorney.
6. 2 Copies of work.
7. KYC of author.
8. DD/IPO of Rs. per work (as applicable).
9. NOC from the author if the candidate is different from the author.

Procedure for Copyright Filing

The process for registering copyright involves the following steps:

Step 1: The copyright registration application has to be filed in the concerned forms with the Copyright Registrar, mentioning the particulars of the work. Depending on the type of work, separate copyright applications may have to be filed.

Step 2: The forms must be duly signed by the applicant and the application must be submitted by the Advocate under whose name Power of Attorney has been executed.

Step 3: Once the application is submitted online, you will be issued the Diary number.

Step 4: There is a waiting period of 30 days within which the Copyright Examiner reviews the application for potential discrepancies and/or objections.

Step 5: If discrepancy and/or objections are found, discrepancy notice will be issued and the same needs to have complied within 30 days from the date of issuance of the notice.

Step 6: Once the discrepancy has been removed or if there are no discrepancies or objections with the application, the copyright shall be registered and the Copyright Office shall issue the Extracts of Register of Copyrights (ROC) which is nothing but the Registration Certificate. On completion of the copyright application, you will receive a diary number. Registration will take 12 months from this day. During this time, we may be asked for some clarifications on the same and/or some defects in the application.

Advantages of Copyright Registration

1.Legal Protection-
It offers Infringement Protection. It gives the creator the right way to get to people who are copying their work and making a living out of the efforts of the hard-created things.

2. Branding or Goodwill-
Registered copyright can be applied for marketing and building a sense of goodwill along with quality in the minds of your customers. Registered copyright tells others that you care about want you invented.

3. Owner publicity-
The registration makes work recognized across the world and it becomes searchable in the copyright registry database. Once copyright registration is made it limits the use of work without the authorization of the creator.

4. Creation of Asset-
Registered copyrights are intellectual property and the rights can be traded, franchised or commercially engaged.

5. Public Record-
When the registration of copyright is done, a clear public record is made that benefits the original creator to build his ownership over the said copyright.

6. Global Protection-
Works that are copyrighted in many other countries are allowed similar privileges here in India. Furthermore, works copyright registered in India are given protection in many foreign countries.

Rights of the copyright owner

In India, the Indian Copyright Act 1957 handles matters related to copyright. It protects the economic, legal, and social interests of the copyright owner. The Act confers exclusive rights on the owner on the following aspects-

1. Right of Reproduction-
The Copyright Act mandates that no individual can make copies of or reproduce a protected work, in part or whole, without permission from the copyright owner. Thus, it restricts copying a song, any sound, or any form of video recording in a recording device.

2. Right of Adaptation-
The Copyright Act gives exclusive rights to the creator to use his piece of work the way he wants. He can create any derivatives of his original work. He can also prepare a new work in a different format, based on his existing creation. The Copyright Act defines the following actions as “adaptation”:
1. Converting movies, plays, dramatic works or choreographic shows into literary or non-dramatic works such as novels, poems, and books.
2. Converting artistic and literary works such as photography, sculpture, drawings, paintings, etc into forms of dramatic work.
3. A pictorial description of the original work.
4. Alteration or modification of non-dramatic and dramatic work.
5. Transcription of a musical piece/work.

3. Right of Communication To The Public-
The Act gives exclusive rights to the copyright owners to broadcast their original work to the public. They can do this by wireless diffusion in any form of visual images or signs.

4. Right of Public Performance-
The Act gives exclusive rights to the owners of artistic and musical work to perform their works in public. An actor can make a public performance in any of his plays. A musician can play his piece of original music for the masses. Similarly, artists can broadcast their performances in public on any platform they want.

5. Right of Paternity And Integrity-
The Copyright Act bestows the twin moral rights of integrity and morality on the creators of original work. The right of attribution or paternity implies that the owner/creator can claim the sole authorship over his piece of work. In other words, he can have it attributed to himself. Anyone wishing to adapt or reproduce the original work needs to give the author his due credit. Else, the author will be at liberty to file a legal suit against the ‘unauthorised’ maker. For example, before making a movie based on a particular book, the maker must acknowledge or give credit to the author.
The right of integrity provides a different kind of protection to the copyright holder. If any individual mutilates, modifies, or distorts the original work of the copyright holder, he can claim damages from the individual. This is done on the pretext that such an act has caused the loss of reputation to the creator and his original creation.

6. Right of Distribution-
The Copyright Act provides exclusive rights on the copyright holder to distribute his work in whatever form he likes (through selling, reproducing, leasing, lending or renting). If he wishes, he can also transfer certain rig0hts to another person to use the copyright in part or whole, subject-specific limitations

FAQ on Copyright

Does copyright apply to titles or names?
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information nor protect ideas or concepts. Copyright is provided only to original literary work.

Do I need a trademark or copyright? What is the difference?
A trademark is a mark given to protect a brand name, logo or slogan. On the other hand, copyright is a protection given to unique content like a book, music, videos, songs and artistic content.

After applying for a copyright, if someone else copies my content, is there any protection?
Yes, absolutely. You must immediately send a legal notice and after sending the notice, if the problem does not get resolved, you can even file a case against the other side in a court of law.

How long is copyright registration valid for?
Copyright protection is valid for 60 years. If it is literary, dramatic, musical and artistic works, the 60-year period is counted from the year following the expiry of the author. For cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60-year period is counted from the date of publication.