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Copyright Registration
Copyright pertains to the ownership rights associated with various forms of creative works, encompassing literature, theater, music, artwork, sound recordings, and more. Copyright registration confers a set of exclusive rights to the creator or owner of a work, including the rights to reproduce, publicly communicate, adapt, and translate the work. This registration is instrumental in safeguarding the creators’ rights to control and benefit from their creative outputs, thereby fostering and rewarding artistic and intellectual endeavors.
Copyright registration is essential because it empowers creators to engage with the public, control the reproduction of their works, adapt them, and facilitate translations.
With the growing awareness of intellectual property regulations, there has been a significant increase in intellectual property registrations in India. Among the various forms of intellectual property protection, copyright registration holds a paramount position.
The process of copyright registration in India is governed by the Copyright Act of 1957. This act ensures that the creative works of authors and creators cannot be replicated or utilized without their explicit consent. It grants authors the authority to levy charges for the usage or modification of their creations. Copyright protection typically extends for a period of 60 years.
Eligibility
Copyright registration can be obtained for any works related to literature, drama, music, artwork, film, or sound recording. Copyrights are given to mainly three classes of work, and each class has its distinctive right under the copyright act.
- Original literary, dramatic, musical, and artistic works comprise the copyright for books, music, painting, sculpture, etc.
- Cinematography films are another class of copyright that consists of any work of visual recording on any medium.
- Sound recordings have a distinctive class under the copyright act that consists of a recording of sounds, regardless of the medium on which such recording is made or the method by which the sound is produced.
Benefits of acquiring Copyright Registration
Legal Protection:
Copyright registration provides creators with essential legal protection against unauthorized reproduction of their work, making it easier to defend against infringement.
Establishing Market Presence:
Registering a copyright creates a public record of the work, serving as undeniable proof of ownership for the creative work.
Rights of the Owner:
Owners of registered copyrights have exclusive rights to reproduce, distribute, adapt, and translate their work.
The Copyright Registration Process
To register a copyright, applicants can submit their applications on Form IV along with the requisite fees. Copyright protection is available for both published and unpublished works. For published works, applicants must provide three copies of the material with their application. Unpublished works require the submission of a manuscript copy for stamping by the copyright office, which serves as proof of registration.
The process for Copyright Registration:
- The application for copyright registration has to be filed in the concerned forms that mention the particular's work.
- Depending on the type of the work, a separate copyright application may have to be filed.
- The applicant needs to sign the forms, and the Advocate must submit the application under the name the POA has been executed.
- Meanwhile, our experts will prepare the copyright registration application and submit the necessary forms with the Registrar of copyrights.
- The diary number will be issued once the application is submitted online.
- Within the waiting period of 30 days, the copyright examiner reviews the application for potential objection or any other discrepancies.
- If there is an objection, a notice will be issued, and the same has to be compiled within 30 days from the date of issuance of the notice. The examiner may call both parties for a hearing.
- After the discrepancy has been removed or no objection, the copyright is registered, and the Copyright Office will issue the registration certificate.
Copyright Protection Duration
The typical duration of copyright protection is 60 years. For original literary, theatrical, musical, and artistic works, this 60-year period commences with the year of the author’s death.
In the case of cinematographic films, sound recordings, pictures, posthumous publications, anonymous and pseudonymous publications, works of government, and activities of international organizations, the 60-year period is counted from the date of publication.
Dealing with Copyright Infringement
Infringing upon copyright is a criminal offense, punishable under Section 63 of the Copyright Act. Offenders may face imprisonment for up to six months and a fine of Rs. 50,000.
Furthermore, if copyright infringement is suspected or ongoing, a police officer not below the rank of sub-inspector may, upon satisfaction, confiscate all copies of the infringing work and the plates used to produce unauthorized copies without the need for a warrant.
Addressing Copyright Objections
During the copyright registration process, it’s possible that the registrar may raise objections to the application for various reasons, such as similarities with other works. These objections can be lodged up to 30 days after the initial copyright application is filed.
In the event of objections, the registrar will notify the applicant and request clarifications. It is crucial to respond to these objections as per legal requirements. Failure to do so may result in the copyright application being marked as “rejected” in the copyright journal.
To prevent such outcomes, it’s essential to address copyright objections promptly in order to secure and maintain the legal rights to the work.
Rights of the Copyright Owner
Copyright registration bestows exclusive rights upon the copyright owner, including:
Right of Reproduction:
No one can reproduce the work without the owner’s permission.
Right of Adaptation:
The creator can modify their work or create derivative works based on the original.
Right of Communication to the Public:
The owner can publicly communicate their work, using visual signs or images.
Right of Public Performance:
Owners of artistic and musical works can publicly perform their creations.
Right of Paternity and Integrity:
This includes the right of attribution (paternity) and the right of integrity, allowing the artist to claim sole authorship and take legal action against distortions or mutilations of their work.
Right of Distribution:
The copyright owner can distribute their work in various formats and may transfer certain rights to others.
Permissible Use of Copyrighted Work Without Permission
The law allows for the use of copyrighted works for research, study, critique, review, and news reporting without the owner’s consent, as well as for use in libraries, schools, and legislative activities under specific circumstances. Certain exemptions have been established to safeguard users’ interests, with usage for educational purposes being one such exemption.
- For criticism or review.
- For research or private study.
- In connection with a judicial proceeding.
- For performance by an amateur club or society, if the performing for a non-paying audience.
- The making of sound recordings of literary, dramatic, or musical works under certain conditions.
Trademark vs Copyright vs Patent
| Trademark | Patent | Copyright | |
|---|---|---|---|
| What’s protected | Any word, phrase, symbol or design that recognizes and differentiates the source of one party’s goods from those of another. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. | Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship. |
| Requirements for protection | A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. | A fresh, valuable, and unusual invention is required. | A work must be unique, original, and created in a tangible manner. |
| Term of protection | As long as the mark is used in commerce. | 20 years | Author’s life span+ 70 years. |
| Rights Granted | Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services’ origin. | Right to restrict others from manufacturing, selling, or importing the patented invention. | Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display. |
Frequently Asked Questions
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