Registration Process for Copyright in India

23rd December, 2024 - 6:16 am Categories: Copyright 0 Comments

INTRODUCTION

In India, the pathway to register a copyright is simply laid out, but it contains a number of steps to follow. The fact that copyright protection is automatically granted upon the creation of a piece of work does not mean that formal registration isn’t important; it maintains a legal record of ownership and may function as strong evidence in cases dealing with infringement or ownership disputes. The procedural aspects of registering copyrights within India are covered by the Copyright Act of 1957, together with its later amendments, and the Copyright Office, under the Ministry of Commerce, oversees the registration itself.

REGISTRATION PROCESS FOR COPYRIGHT

1. Identify the Type of Work

The very first step of the registration process is to identify what type of work one seeks to register copyright for. Copyrights can be registered for a wide range of works that can include:

• Literary creations (e.g., books, articles, poems)
• Artistic pieces (e.g., paintings, photographs, and sculptures)
• Dramatic artforms (e.g., plays, scripts)
• Musical compositions (e.g., compositions, sheet music)
• Sound recordings (e.g., albums and podcasts)
• Cinematographic Films (e.g., movies and documentaries)
• Software (e.g., computer programs and databases)

Having this categorisation correct, as per the procedure, is essential to make sure the registration process runs efficiently.

2. Filing of the Form XIV

At the outset of the registration process, the applicant is required to submit Form XIV, which is the specified form required for copyright registration, to the Copyright Office. The form must be completed accurately and shall include the following details:

The information presented includes:

• The applicant’s name, address, and nationality.
• The category of work that is under registration.
• Work title and its description.
• Date at which the work was published (if available).
• Details about the author and, if present, the other co-owners.
• A declaration of ownership or rights in the piece of work.

The filing of the application can be done through the e-filing portal available on the official website of the Copyright Office, or it can be mailed in.

3. Submit Supporting Documents

• Along with Form XIV, applicants must submit supporting documents, including:
• There are two versions of the work (applicable to literary, musical, artistic, or dramatic projects).
• Declaration regarding the ownership or rights linked to the work.
• For materials yet to be published, a copy of the manuscript or an illustration of the work.
• For tasks performed under an employment contract or employer agreement, a NOC (No Objection Certificate) may be necessary.

For artistic products like logos or designs, the requirement is to submit a sketch or drawing of that work. In software, a copy of the source code is usually required.

4. Fee Payment

The application requires the payment of a registration fee along with it. The fee structure varies depending on the type of the work being registered:

• The cost to register a literary item is ₹500.
• The cost to register an artistic work is ₹2,000.
• A cinematograph film or sound recording can be registered in ₹5,000.
• To register software, a ₹5,000 fee is required.

One can pay the fees either on our website or using a demand draft or an electronic transfer.

5. Examination of Application

After submitting the application, the Copyright Office looks into the application and the supporting materials for any inconsistencies or mistakes. If there is any stipulation that is missing, a letter of object or a notice of inconsistency is given to the applicant by the Office. The applicant is required to respond to any objections or inconsistencies within the set time frame, which is often 30 days.

6. Waiting Period (30 Days)

If the application is filed with no discrepancies uncovered, the Copyright Office publishes the information about the copyright application in the Copyright Journal, serving as a public document of copyright applications.

A mandatory 30-day waiting period exists after the publication for any public objections to the copyright registration to be made. Throughout this period, someone can express an objection if they believe that the copyright should go ungranted (eg due to ownership disputes or prior copyrights in existence).

The registration process will move forward if we do not receive any objections during the waiting period. If someone files an objection, the Copyright Office will review that objection, and it’s possible that the case will proceed to a Copyright Board for resolution.

7. Registration Certificate Issuance for Copyright

If there are no objections received, or if the objections are resolved in prefererence to the applicant, we issue the Copyright Registration Certificate. The certificate functions as evidence of ownership and rights in the piece, and can be used in lawsuits to defend the work from unlawful use or infringement.

8. Record Maintenance

After the issuing of the certificate, the Copyright Office maintains the Register of Copyrights which includes the recorded copyright. This collective document contains details relating to the recorded work and the copyright owner.

The whole process normally takes anywhere from 3 to 6 months, depending on whether there are objections or discrepancies during the review.

 WHY TO REGISTER COPYRIGHT?

• While copyright protection is automatic, registration offers several advantages:
• Legal Proof of Ownership: The registration certificate furnishes a recognized record of the author’s ownership, which might be instrumental in any legal disputes.
• Presumptive Evidence: A registered copyright acts as prima facie evidence of a copyright’s validity and the information within the certificate.
• Public Record: Registration serves to clarify ownership rights for the public, simplifying license and use agreements.
• Infringement Protection: Registered copyrights furnish increased protection from unapproved use, since they are less complicated to enforce in court.

CONCLUSION

Filing an application, making the necessary fee payments, and presenting supporting documentation to the Copyright Office are all part of the registration of a copyright in India. The framework makes certain that the work is legally defended and grants the copyright holder enforceable authority. You can choose not to register, but it offers major upsides in terms of legal protection, simplifying the process of proving ownership, and protecting from unauthorized use or reproduction.

Author: : Amrita Pradhan, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.