Copyright Registration In India

Copyright registration is a fundamental legal right that protects the original works of creators from being imitated or copied without permission. It grants exclusive rights to creators of literary, musical, dramatic, and artistic works and producers of films and music recordings. By filing for a copyright license, creators safeguard their work and ensure it is not used without authorization. This recognition and protection of creativity incentivize innovation and artistic expression.

When creators or owners register for copyright, they are granted the exclusive right to reproduce, distribute, and display their work. They can also authorize others to use their work for specific purposes. Copyrights are governed by "The Copyright Act, 1957" in India, which has undergone several amendments to adapt to evolving forms of creative expression.

It is important to note that copyright registration online in India differs from patent registration, which primarily protects ideas. Copyright registration focuses on the expression of ideas rather than the opinions themselves. This means that multiple inventions or ideas can exist, but copyright ensures that the specific expression of those ideas is not copied without permission. In India, copyright registration is valid for 60 years.

Creators can register their works for copyright in various domains, including music, manuscripts, books, literary works, films, performances, paintings, fashion designs, training manuals, and computer software. By registering their copyrights, creators establish legal proof of ownership and gain the ability to enforce their rights against infringement.

Part A. Literary works, excluding computer programs

Part B. Musical works

Part C. Artistic creations or works

Part D. Cinematographic films or movies

Part E. Sound recordings

Part F. Computer programs, tables, and compilations

Testimonial Evidence

Copyright protection provides clear evidence in the event of legal proceedings. Registering your copyright is crucial proof required by courts, ensuring creators can effectively protect their creative works.

Extended Protection

Copyright registration extends beyond the creator's lifetime, offering longer validity than other intellectual assets. It remains valid for the creator's lifetime plus 60 years after death.

Public Record

Completing global copyright registration establishes an authoritative public record, enabling authors to demonstrate ownership and protect their rights in copyright-related matters.

Enforcement of Infringement

Without copyright registration, individuals cannot pursue legal action for copyright infringement. Registering copyright gives owners the legal right to file infringement claims and seek appropriate remedies.

Owner's Safeguard

Copyright registration grants exclusive rights to the author, including reproduction, adaptation, dissemination, translation, and distribution, ensuring comprehensive protection for their creative work.

Enhanced Brand Value

Copyright registration enables creators to build goodwill in the business market, establishing a track record of ownership that can be utilized for trade purposes if desired.

Copyright as an Asset

Completing copyright registration establishes the creator as the rightful owner of the intellectual property, effectively transforming it into a valuable asset that can be leveraged for business and financial benefits.

Personal Information of the Applicant:

1. Author's Name, Address, and Nationality
2. Applicant's Name, Address, and Nationality
3. Nature of the Applicant's Interest in Copyright - Whether the Applicant is the Creator or the Representative of the Creator
4. Photocopies of the Original Work by the Creator
5. Author's Identification Proof and, if applicable, Business Registration Certificate

Nature of the Work:

1. Title of the Creative Work
2. Class and Description of the Creative Work
3. Language of the Creative Work
4. Date of Publication - Note that publications such as internal magazines, company magazines, or research papers presented to a professor are not considered as publications.

Step 1: Fill out the copyright application form, providing details of the work to be registered. Separate applications can be filed for different types of work.

Step 2: Sign the application forms and have them submitted by an Advocate with the authorized Power of Attorney. Submit the completed application electronically and the required documents to the Registrar of Copyrights Online.

Step 3: Upon filing the application online, you will receive a Diary number as a reference.

Step 4: The Copyright Examiner will review your application within 30 days to identify any discrepancies or objections.

Step 5: If any discrepancies or objections arise, you will be issued a notice and must address it within 30 days from the date of notice issuance.

Step 6: Once all discrepancies are resolved or if the application is found satisfactory, the copyright will be registered. The Copyright Office will provide the Extracts of Register of Copyrights (ROC) as the Registration Certificate.

Upon completion of the initial step, you will receive a diary number. The entire registration process typically takes about 12 months from this point.