What is Copyright?

In essence, a copyright is the prohibition on copying another person’s work. A copyright grants the subject’s owner the sole right to use his creation. If a piece of art is copyrighted, it cannot be imitated, copied, or reproduced in any other way. The Copyright Act of 1957 governs the registration of copyrights. In India, a copyright is valid for 60 years. It is possible to claim copyright for the following works:

The register of the Registrar of Copyrights is divided into 6 categories:

 

Literary works other than computer Programs:

  •  2 Copies of work.
  •  DD/IPO of Rs. (as applicable) per work.
  • NOC from the author if the applicant is other than the author.
  •  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.

Musical Works:

  • 2 Copies of work.
  • DD/IPO of Rs. (as applicable) per work.
  • NOC from the publisher if work published and publisher is different from Applicant.
  • NOC from the author if the applicant is other than the author.
  • 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

Artistic Works:

  • 2 Copies of work.
  • DD/IPO of Rs. (as applicable) per work.
  • NOC from the author if the applicant is different from the author.
  • NOC from the publisher if work published and publisher is different from Applicant.
  • 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 an attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.

Cinematography Films:

  • 2 Copies of work.
  • DD/IPO of Rs. (as applicable) per work.
  • NOC from various copyright holders or a copy of the agreement (deed of assignment).
  • NOC from the publisher if work published and publisher is different from the applicant.
  • 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 a copy of the agreement (deed of assignment).
  • NOC from the publisher if work published and publisher is different from the applicant.
  • 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.

Computer Programs, tables & Compilations

What is Copyright Registration?
A copyright registration with the appropriate government assures that the author’s creative work cannot be copied. Without the author’s or creator’s consent, no one is allowed to utilise the same. The author is free to charge anyone to use or adapt his work. Copyright registration protects a creator’s rights from infringement. It provides legal protection so that nobody else can abuse the copyright in any way without first getting the owner’s consent.

Why should one get their work registered under the copyright law?

  • Safeguard of Owner
    With Copyright registration, copyright owner gets the exclusive rights over reproduction, distribution, adaptation, dissemination, and translation of the work.
  • Legal Protection
    Creators enjoy exclusive legal protection when their work reproduced without authorization.
  • Brand value
    A registered Copyright has a proof of ownership and you can use it for marketing and it also creates goodwill.
  •  Worldwide Protection
    If the work is copyrighted in any other country then it gives the similar privilege to that work in India.
  • Copyright is an Asset
    Copyright is an intellectual property for the owner, therefore, it is considered as an intangible asset which can be sold or franchised.
  • Owner publicity
    A copyright registration makes work known across the world and it becomes searchable in the copyright registry database. Once copyright registration is done it prevents the use of work without authorization of the author.
  •  Economic Stability
    Copyright registration helps in ensuring economic stability as the creator will be able to reproduce his/ her art in whatever form.

What Is Not Protected by Copyright?

There are several types of works that are not covered by copyright:
Unwritten works, improvised performances, or any other speeches or performances that cannot be fixed in a concrete expression include these types of works. Titles, names, phrases, and slogans are examples of works. Other examples include symbols or designs that are well-known to others, basic typographic flourishes, writing, the use of colouring techniques, and lists of components or contents. Ideas, systems, and processes are to be distinguished from the aforementioned descriptions, justifications, or examples. Finally, generically owned facts and figures cannot be registered for copyright. Standard calendars, height/weight charts, data from published publications, and the like may be among them.

Steps for Copyright Registration

  1. A separate application should be filed for the registration of each work.
  2. Each application should be accompanied by the required fee, which is specified in the second schedule to the Rules.
  3. The applications should be signed by the applicant or the attorney in whose favour a Vakalatnama or Power of Attorney has been executed.
  4. the Power of Attorney signed by the parties and acknowledged by the attorney must be included.

Difference between copyright and patent and trademark

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Copyright Registration Process Flow Chart

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