Copyright Registration Process in India

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Copyright Registration Process in India

Copyright & Copyright Registration

Copyright is a legal right that gives you some sort of legal protection in the original Work, allowing you to use your original Work in the form of reproduction or selling to the public. Copyright can be only in some physical form because copyright registration can protect that. Your idea styles, technique, or concept cannot be protected. One peculiar requirement to get copyright registration done is that your Work should be creative.

Why must we go for Copyright Registration in India?

Though copyright registration is not at all mandatory in India, it is advisable to get it done. The moment you create some creative work, the copyright exists automatically in that Work. But the main motto, due to which people go for copyright registration, is that if another person tries to use your Work without your permission, you can file a suit against him.

Steps for applying for a Copyright Registration

The following is the generalized procedure for filing a Copyright certification application for your creative works with the Patent Authority of India:

Step1: Drafting and filing the Copyright Application

The applicant must file the application in Form XIV. The application must be attached with the Statement of Particulars as well as Further Particulars. These briefs are prescribed in the first schedule to the Copyright Registration rules.

Step2: Power of Attorney for the Application Submission

The applicant must sign the copyright application in his name or by the advocate in whose favor the Power of Attorney has been executed. Here the Power of Attorney is accepted by the lawyer. The applicant must enclose the details of the Power of Attorney signed by the party as well as accepted by the advocate.

Step3: Application Fee Submission and Assessment Period

The applicant can pay the requisite fee from a Demand Draft or an Indian Postal Order. The DD must be in favour of the Registrar of Copyright Payable in New Delhi. You can also make an e-payment for application processing. The Author typically waits for 30 days after filing a copyright registration application along with the requisite details and copies.

Step4: Waiting Period & Grant of Copyright Certification

In general, the process for Copyright Registration takes 2-3 months time. To register a copyright of any of the creative works in the normal course, it takes the aforementioned period. After verifying the submitted details and the requisite attachments, the Authority will issue the Copyright Certification to the Author.

Issue of Copyright Objection during the waiting period

Case of raised Objection

As I said, the copyright owner has to wait for a mandatory period of 30 days. This waiting period is for any objection that can be filed in the copyright office against the applicant's Work. In case the objection is filed, it may take one more time to ascertain whether the Work can be registered. The opportunity of being heard is given to both parties to ascertain the legality of copyright registration.

Case of No Objection

But in case no objection is filed within the said period. The examiner checks the application formally, and if he finds any cavities, he may raise objections or call for extra documents. After going through such steps, the Authority will issue the Certificate of Copyright Registration to the applicant.

Documentation for filing Copyright application in India

Copyright in India is sought for multiple purposes. You can also apply for a copyright license in India for fine arts, song compositions, cinematography, literary works, and software. Accordingly, the applicant must submit the required attachments to further their application to the Patent Office. We have listed the required Documentation per the nature of the to-be-copyrighted Work.

Fine Arts pursuits

• Two Copies of the Fine Art Work
• Proof of Payment in Demand Draft
• No Objection Certificate from the Applicant
• No Objection Certificate from the Publisher for published material
• Search Certificate by the Registrar of Trademarks
• No Objection Certificate from entities appearing in the photograph of Works

Cinematography or Motion Picture

• Soft copies of the Cinema Works
• Proof of Payment in Demand Draft
• No Objection Certificate from Copyright Holders
• NOC from Publisher for published material

Literary or Dramatic Works

• Two copies of Dramatic Work
• Proof of Payment in Demand Draft
• No Objection Certificate from Publisher for published material
• No Objection Certificate from the Author, in case of an applicant other than the Author

Sound Recording

• Two copies of Sound Compositions
• Proof of Payment in Demand Draft
• No Objection Certificate from Copyright Holders
• No Objection Certificate from Publisher for published material

Software

• Two Software copies
• Source Code for Verification
• Object Code for Verification
• Proof of Payment in Demand Draft
• No Objection Certificate from Publisher for published material
• No Objection Certificate from Author, in case of an applicant other than the Author

To avail of the services for Copyright Registration in India, connect with the IPR experts at Registrationwala.

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