COPYRIGHT REGISTRATION

Registration of copyright is not compulsory, but it is advisable to apply for registration of copyright. It is necessary to protect the creators, creative work such as music, books, manuscripts, software's, films, website etc from being copied and used for commercial purposes without the originator’s permission thus causing hugedamage to the creator.

Copyright Registration provide shield for our Creative work from being Stolen or Duplicated and gives us a Legal Right over our innovation. Legal right is the proof of ownership of our creative work which non-can take away. that is mainly the major reason why one should Register their Copyright immediately on Completion of one's creative work.

The advantage copyright registration is that the documentation of a registration at the Copyright office notifies any person desirous of confirming a new work for filing a new Copyright application. Thus, many potential disputes are avoided, most importantly, without any knowledge or costs.

PROCEDURE OF FILING

Copyright registration is done through online portal. We are required to fill the forms and pay the appropriate fee through the online portal. After filing a unique diary number that identifies the filed application will be generated instantly and applicant should wait for the period of 30 days for any objections to be received.

If there are no objections received within 30 days, the Examiner will check the application for any inconsistency and if no inconsistency is there, the registration will be done, and an extract will be sent to the registrar for the entry in the Register of Copyright. If any objection is received, the examiner will send a letter to both the parties about the objections and will give them both a hearing.

After the hearing, if the objections are resolved the Examiner will examine the application and either approve or reject the application as the case may be.

On filing the online form, we are required to send the hard copy of the Acknowledgement Slip and Copyright Registration Report to the Copyright Office. The Copyright Registration Report consists of the following documents:

  • Statement of Particulars [SoP] and Statement of Further Particulars [SoFP]
  • 2 copies of your work
  • Power of Attorney [if filing through an advocate]
  • No Objection Certificate [NOC] from various other persons involved in the creation of work. You don’t need this if you are the sole creator of the work.

DURATION OF COPYRIGHT PROTECTION–

  • Literary work
  • Dramatic work
  • musical and
  • artistic works
lifetime of the author + sixty years from the beginning of the calendar year next following the year in which the author dies
  • Anonymous and pseudonymous works
  • Posthumous work
  • Cinematograph films
  • Sound records
  • Government work
  • Public undertakings
  • International Agencies
  • Photographs
until sixty years from the beginning of the calendar years next following the year in which the work is first published

WORK PROTECTED BY COPYRIGHT

Copyrightprotects original works of authorship including

  • Literary works
  • Musical works, including any accompanying words
  • Dramatic works, including any accompanying music
  • Pantomimes and choreographic works
  • Pictorial, graphics, and sculptural works
  • Motion pictures and other audiovisual works
  • Sound recordings
  • Architectural works

For example,for the purpose of copyright, the term “literary works” is not confined to works of literature in the commonly understood sense, but is taken to include all works expressed in writing.Thus, the definition is defined as works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied.

FOLLOWING THINGS CANNOT BE PROTECTED-

  • Works not given a tangible form of expression
  • Works containing common property information that do not contain original authorship.
  • Titles, names, short phrases and slogans
  • Symbols or designs that are familiar
  • Variations of typographic ornamentation, lettering, or coloring
  • Listings of ingredients or contents

To be protected by copyright, the work must be more than an idea.Ideas cannot be copyrighted because they are not fixed into a tangible medium of expression. For a work to be copyrighted, it must be written down, saved to a hard drive or somehow otherwise fixed.