Copyright a Symbol in India

How could we wrap a discussion on copyright without discussing the all-important Symbol which defines copyright? A symbol warns plagiarists to stay away from the content their eyes are on. Copyright is denoted by a simple symbol which is an encircled capital C. Some countries have gotten rid of this Symbol altogether, but it continues to be significant in most of the world. An International Convention, Universal Copyright Convention, adopted in Geneva in 1952, recognizes this Symbol.

In India, the term has been in use for more than 60 years. Anyone who creates an intellectual property can apply for the copyright registration. As India is a part of Berne Convention for the protection of creative work, the people have a choice to complete the registration process or not. So, different types of marks, symbols can be registered. Here in the article, the complete process of registration is discussed. Check how to register a copyright symbol with the registrar.

Eligibility Criteria for Copyright a Symbol

As per the copyright act, the following criteria must be fulfilled to apply for the copyright symbol:

1. Copyright protection will be provided to the creator who has original tangible work. The copyright registration cannot be obtained for ideas, thoughts or concepts. So, to obtain a trademark registration you should arrange your ideas in a tangible way for the trademark registration.
2. The copyright work should be original, the uniqueness and quality does not matter. Even the quality of the work is bad but if it's original then it will be subject to copyright protection.
3. Creative work can be copyrighted. For example: list of ingredients cannot be copyright protected but if you make a recipe by using the ingredients then it can be copyright registered.
4. The author of the work should be a citizen of India for claiming copyright. Also, if the work is published in India, then the author must be a citizen of India during the publication.

Documents Required for Copyright a Symbol

The following documents for required for copyright registration are as follows:

• Basic Documents
• Address proof and identity proof of the applicant
• Details of work’s nature
• Work language
• Title, class, and description of the work
• Two copies of the original work
• Incorporation certificate, in case of business or company.
• Provide details where the applicant is the author or the representative of the work.
• Published work date in magazine or research paper.

 

Artistic Work

• NOC from the publisher or author if the applicant is different from the auditor and publisher.
• Two copies of the work.
• NOC from the person whose photograph is used in the work.
• DD/IPO of Rs. (as applicable) per work
• Search Certificate from Trade Mark Office (TM -60) if the work is being
• used on goods or capable of being used on the goods.
• NOC from a person whose photograph appears on the work.
• If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Cinematograph Film

1. 2 Copies of work
2. DD/IPO of Rs. (as applicable) per work
3. NOC from various copyright holders or copy of agreement (deed of assignment).
4. NOC from publisher if work published and publisher is different from applicant.
5. If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Music

1. 2 Copies of work (Graphical Notes)
2. DD/IPO of Rs. (as applicable) per work
3. NOC from publisher if work published and publisher is different from applicant.
4. NOC from the author if the applicant is other than the author.
5. If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Literary/ Dramatic

1. 2 Copies of work
2. DD/IPO of Rs. (as applicable) per work.
3. NOC from the publisher if the applicant is other than the publisher and work is published.
4. NOC from the author if the applicant is other than the author.
5. If the application is being filed through an attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.

Sound Recording

• 2 Copies of work
• DD/IPO of Rs. (as applicable) per work
• NOC from various copyright holders or copy of agreement (deed of assignment).
• NOC from publisher if work published and publisher is different from applicant.
• If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Software

• 2 Copies of work
• DD/IPO of Rs. (as applicable) per work
• NOC from the author if author is different from applicant.
• NOC from publisher if work is published and publisher is different from applicant.
• If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
• Source code and object code of work for verification.

Note the following points:

• Application should be signed by the applicant only.
• Applicants should also ensure that no obscene material is available in the CD submitted along with the application.
• NOC from legal heirs if the author is deceased.

Process for Copyright a Symbol

The copyright registration process for a Symbol is a long one, and it involves a lot of legal requirements. However, all of that can be compressed into the following points:

Copyright Registration Search 

Perform a copyright registration search to see if the Symbol of the same name, content, and nature is already copyrighted

Application Filing

File the application for copyright registration along with a copy of the work you want to copyright.

Application Assessment

Wait for the copyrighted material to be published

Symbol Publication in the Journal

It shall stay in the journal for a while.

Symbol registered with the Authority

Once you get the copyright registration, the benefits come then. However, the time it takes for the process to be completed can take even years.

Our Assistance in filing the Copyright a Symbol

We at Registrationwala provide end-to-end solutions for Copyright a Symbol. Our services include:

1. Collection of information and starting the process
2. Drafting the application
3. Reviewing the draft and making changes if necessary
4. Filing the application of Copyright A Symbol

Registrationwala.com is a leading legal consultancy firm providing comprehensive services relating to Copyright a Symbol.

Contact us to copyright a Symbol.

FAQs

Q. What is a copyright symbol?

A. A copyright symbol is a mark denoted by © to show that the work is copyright protected. It is done to protect the creative work from any infringement. As India is a member of Berne Convention for the protection of creative work, the owner has a right to choose copyright registration or not. In both cases the work will be protected.

Q. How to copyright a symbol in India?

A. Fill the FORM IV of schedule 2 of the Act. The necessary information must be filled and sent to the registrar with fees. 

Process is completely online and after filing the registrar will analyze them and issue them a diary number.

There are 30 days to raise an objection, if no objection is found the application proceeds and the owner gets the copyright trademark.

Q. What are the eligibility criteria for copyrighting a symbol?

A. Make sure that your Phrase or Slogan is an original one. That’s the only eligibility criteria to obtain Copyright A Symbol.

Q. What are the documents required for Copyrighting a symbol?

A. Regarding Copyrighting a symbol, the following documents are needed:

• NOC of the Producer
• NOC/Agreement of the Artists involved

Q. What is the process for copyrighting a symbol?

A. The copyright registration process for a Symbol is a long one, and it involves a lot of legal requirements. However, all of that can be compressed into the following points:

a)    Perform a copyright registration search to see if the Symbol of the same name, content, and nature is already copyrighted

b)    File the application for copyright registration along with a copy of the work you want to copyright.

c)    Wait for the copyrighted material to be published

d)    It shall stay in the journal for a while.