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Copyright Registration


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Copyright registration for logos, books, periodicals and magazines.

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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.

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.

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:

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.

Trademark vs Copyright vs Patent

What’s protectedAny 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 protectionA 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 protectionAs long as the mark is used in commerce.20 yearsAuthor’s life span+ 70 years.
Rights GrantedRight 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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