Copyright Registration Process: A Introduction

Copyright Registration Process: A Introduction

What is Copyright

Oxford Dictionary defines copyright as The exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material. Copyright in India provides you with absolute rights for the original work which is a form of Intellectual Property. Along with the copyright, the owner will also be entitled to the Economic Rights which includes the right to publish the work or the right to copy. If anyone is found imitating, copying or reproducing a piece of work which is safeguarded by the copyright, a legal suit can be filed against them. The procedure for registration of copyright in India has been made quite easy as the registration is now done online. [toc] Copyright is valid for 60 years in India. The following works can be registered in copyright:

1. Books
2. Software
3. Painting
4. Literature and Manuscripts
5. Music
6. Manuals designed for training
7. Designs
8. Films and Performances

Why should you register your work: Benefits of copyright

It is always prudent to understand the safeguard through copyright as it comes with certain perks for the owner and will equip him with protection for the work and rights for the same. Safeguarding the creators intellectual property, effort and time is the major role of the copyright law. The owner of the copyright can also transfer his exclusive rights to others as well. The copyright act enables the owner to exercise the exclusive right to:

1. Create and reproduce different works derived from original work
2. Display and perform the work for the public. The platforms where the work can be displayed range from music to literature.
3. Distribution of the work to the public. For Example, transfer or sale of ownership, rent or lease etc.

Who can copyright the work

The original creator of the piece and anyone who has acquired rights to the original work can file for the copyright. If the work is created at the time employment, the work will come to know work made for hire. In this case, the author considered will be the employer, not the employee. If the piece is to be created by more than one person than the partners will get co-ownership of the copyright, copyright doesnt carry age limits so a minor can also register a copyright.

What are the categories which can be registered as copyrights

The categories which can be registered in copyrights are as follows:

1. Music copyright registration:

The lyricist can safeguard the Lyrics. The copyright can be registered as original literary work of the creator. The music can be registered by the composer and can be safeguarded as a musical piece. The lyrics and music together can be protected and registered under sound recording where the owner will be the producer.

2. Literary works including Computer tables, compilation, and programs:

The work must not be plagiarized and should consist of original literary works. The capital expended, labor and skill judgment is emphasized and also included compilations, computer programs, and tables.

3. Sound recording:

It includes a combination of harmony and melody which is either handwritten or graphically produced. The song as a whole cannot be copyrighted. The two distinct copyright for lyrics and music cannot be merged.

4. Artistic piece:

It includes a map, plan, painting, sculpture, architectural art, craftsmanship etc. The piece per se may not necessarily possess a quality, but the creator must have put in judgment, effort, and skill in the work.

How to copyright your work

After August 01, 2014, the physical submission of the application has been made invalid. Now the application and the fees for copyright registration has to be submitted online. Stage 1: As it is impossible to fill the application offline, the form has to be filled online. The documents and work are to be submitted along with the online application in printout format at the copyright office. The deadline is 30 days after online filing. The particulars which have to be mentioned as follows:

1. Name and particulars of the owner
2. A detailed description of the work ex. Literary sample etc.

iii. Details of the published work in the county or outside India with the publishers details and the date of publishing.

1. Details of the place and person where the original work is placed.
2. Notice of copyright application filing has to be dispatched by the application to the original author if the author and applicant are different.
3. If the artistic work can be registered as a trademark, the applicant has to procure a certificate from the trademarks office which makes sure that no similar work is registered as a trademark.

Stage 2: You have to wait a minimum of 30 days, in which the analyzing and recording of objections that might pop up in copyright application is being done.

1. When the case is devoid of any objection: The application is taken directly for the scrutiny by the examiner. If the discrepancy arises during the scrutiny, a letter is dispatched to the applicant. You have to send a reply, and then the registrar will conduct an audience of the alleged. When the problems are sorted, the main points are sent to the applicant.

If the case is devoid of a discrepancy, the applicant is permitted to take the registration forward.

1. If the objection is filed, the authorities will send off letters to the main parties, trying if someone would retract the objection. After the replies, the registrar sits in the hearing. If the application is accepted that means that objection has been rejected. The application is further scrutinised.

iii. In some cases, the application gets rejected, and the applicant receives a letter. Stage 3: Once the registrar is clear and waves the flag from his side, you will receive a letter of copyright and can exercise all the rights that come along with it.