WHAT IS COPYRIGHT?

A copyright is a collection of rights that automatically vest to someone who creates an original work of authorship – like a literary work, song, movie or software. These rights include the right to reproduce the work, to prepare derivative works, to distribute copies, and to perform and display the work publicly.

ADVANTAGES OF COPYRIGHT REGISTRATION IN INDIA

Getting copyright protection for a creative original work comes with the following benefits:

• Copyright registration lists the ownership of the work in the public records. Registration helps in tracking the copyrighted work back to its creator.
• In case of infringement of Copyright, Copyright registration proves the actual ownership of the work. It makes it easier for the court to give a decision since the registration certificate details all the information of the owner/author.
• Copyright registration also establishes the date of publication of the work when dealing with infringement matters. When an infringement suit is filed, one of the key things is to trace back the date on which the creation was registered and from which date the alleged infringement started.
• With the registration of Copyright, the owner or author can license the IPR easily to others. IPR Licensing agreements can be executed between the licensor and licensee when there is proof that the work indeed belongs to the licensor.
• When a Copyright protected work is translated, adapted or edited, Copyright registration enables the owner to claim remuneration and royalty. This is prevalent in the music industry when songs are remixed, or used in videos. The most common use of Copyright nowadays is on Youtube, when creators copy each other's work and it becomes necessary to establish the original ownership of the work.
• Copyright registration makes exports and imports of Copyrighted work simpler. A creation which has its owner defined, can be easily exported or imported without issues with the Customs.
• In case of artistic works like paintings, photographs or other artworks, the creator can hold exhibitions to display and sell their work.

WORKS PROTECTED BY COPYRIGHTS

• Software
• Literary works
• Musical works, including any accompanying words
• Dramatic works, including any accompanying music
• Pantomimes and choreographic works
• Motion pictures and other audiovisual works
• Architectural plans, drawings and actual buildings

WORKS NOT PROTECTED BY COPYRIGHT

• Facts
• Works created by the United States Government
• Works not fixed in a tangible form of expression
• Ideas, concepts, principles, or discoveries
• Words, phrases, or familiar symbols

RIGHTS OF COPYRIGHT OWNER

Rights of Copyright ownership gives the holder of the copyright in an original work of authorship six exclusive rights:

• The right to reproduce and make copies of an original work
• The right to prepare derivative works based on the original work
• The right to distribute copies to the public by sale or another form of transfer, such as rental or lending
• The right to publicly perform the work
• The right to publicly display the work
• The right to perform sound recordings publicly through digital audio transmission

WHO CAN REGISTER A PIECE OF WORK WITH THE REGISTRAR OF COPYRIGHTS?

The Author

• Either the person who actually created the work
• Such an author is legally allowed to get a copyright for his/her work

The copyright claimant

• The author
• A person or an organization that has obtained ownership rights from the author through a written contract, will etc

The authorized agent

• The authorized agent
• The copyright claimant
• The owner of an exclusive right

ESSENTIAL DOCUMENTS REQUIRED FOR COPYRIGHTREGISTRATION

• 3 copies of the work if the work is published
• If the work is not published, then 2 copies of manuscripts
• Information regarding the title and language of the work
• Authorization in respect of work, if the work is not the work of the applicant
• If the application is being filed by an attorney, then special power of attorney or vakalatnama signed by the attorney and the party
• Applicant must also provide his mobile number and email address
• Applicant must also provide his mobile number and email address
• Information regarding the name, address and nationality of the applicant

VALIDITY OF COPYRIGHT REGISTRATION IN INDIA

The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author.

PROCEDURE FOR REGISTERING A COPYRIGHT

The steps involved in the registration process are:

Step 1: File an Application

The author of the work, copyright claimant, owner of an exclusive right for the work or an authorized agent file an application either physically in the copyrights office or through speed/registered post or through e-filing facility available on the official website (copyright.gov.in).
For registration of each work, a separate application must be filed with the registrar along with the particulars of the work. Along with this, the requisite fee must also be given, Different types of work have different fees. At the end of this step, the registrar will issue a dairy number to the applicant.

Step 2: Examination

In the next step, the examination of the copyright application takes place.
Once the dairy number is issued, there is a minimum 30 days waiting period. In this time period, the copyright examiner reviews the application. This waiting period exists so that objections can arise and be reviewed. Here the process gets divided into two segments: In case no objections are raised, the examiner goes ahead to review and scrutinize the application to find any discrepancy.
If there is no fault and all the essential documents and information is provided along with the application, it is a case of zero discrepancies. In this case, the applicant is allowed to go forward with the next step.
In case some discrepancies are found, a letter of discrepancy is sent to the applicant. Based upon his reply, a hearing is conducted by the registrar. Once the discrepancy is resolved, the applicant is allowed to move forward to the next step.
In case objections are raised by someone against the applicant, letters are sent out to both parties and they are called to be heard by the registrar.
Upon hearing if the objection is rejected, the application goes ahead for scrutiny and the above-mentioned discrepancy procedure is followed.
In case the objection is not clarified or discrepancy is not resolved, the application is rejected and a rejection letter is sent to the applicant. For such applicant, the copyright registration procedure ends here.

Step 3: Registration

The final step in this process can be termed as registration. In this step, the registrar might ask for more documents. Once completely satisfied with the copyright claim made by the applicant, the Registrar of Copyrights would enter the details of the copyright into the register of copyrights and issue a certificate of registration.