Reply to a Copyright Objection

21 Aug 2018 Read 529 Views

Copyright is a right that is given to the inventor of the literary, dramatic, musical and artistic work, etc. To be registered, it is not essential that the copyrighted work should be published. An unpublished work can also be subject to registration as copyright.

The copyright registration makes it possible to place on record the work under the copyright. This eases the owner to file a suit in case of infringement or plagiarism. A copyright is regulated through registration procedures. Any person who is an author, creator or an owner may file for the registration.

 After the application has been filed for registration, the author has to wait for a period of 30 days to see if any objection is filed in the Copyright Office against the claim. An objection may be raised for a number of reasons. It may be because of the similarities found in the work. Once such objection is raised, the Registrar informs the applicant of the same.
In case any objection is filed, it adds up another one month to decide whether the copyright can be registered or not. 

On the part of the applicant of the copyright registration, it is important to counter such objection to enabling him to attain the due registration. This is done in the form of a reply to the CR (copyright registration) objection; it is extremely important for the applicant to file a reply to the copyrights objection if not, the registrar has the power to cancel the application and treat the registration as rejected. 

A reply to CR objection is in the form of a legal letter. Although there is no fixed format to draft a response, it does require an understanding of the law. A proper reply to the objection letter should be given within 15-30 days of the issue of the letter. The reply is an opportunity to present arguments in support of the original claim of registration, the reply must deal with all the objections raised.

Documents for filing reply-

  1. Copy of the examination report,
  2. Documentary proof such as an affidavit,
  3. Power of Attorney signed by the applicant. 

Advantages of filing a reply to CR objection-

  1. It can save the application from being rejected,
  2. The copyright will be registered and will be liable of legal protection,
  3. Copyright will be stronger in the market,
  4. Filing a reply would mean that one has nothing to do with other infringement issues.
About the Author: Chandni Agrawal | 89 Posts

Chandni holds a degree in business administration and possess flair for content. She also holds a certificate in investment banking and has a working experience of around 1.6 years in the industry. She is a smart professional who facilitates seamless coordination during hectic work schedule. 

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