Copyright is a bundle of rights including the right to reproduction, adaptation, and translation of the work that is vested by the law upon the creators of literary, dramatic, musical and artistic works and the producers of the cinematographic films and sound recordings.
The Copyrights Act, 1957 provides a consolidated framework to deal with issues relating to copyrights in India.
Is registration of work necessary to claim Copyright?
The acquisition of copyright is automatic and it comes into existence as soon as the work is created and no further formalities are required to be completed. Moreover, The Copyright Act does not mandate the process of registration. However, the certificate of registration acts as a prima facie evidence of the ownership of work and has several other benefits attached to it.
What are the Advantages of getting a Copyright registered?
Though registration of a copyright is not mandatory in India, However, getting a copyright registered may confer the following benefits:
- Conclusive proof of Ownership:
In case of any dispute with respect to the ownership of the copyright or where there is an infringement of copyrights, the registration certificate granted by the copyrights office acts as a conclusive proof or evidence before the court of law.
- Recognition of Hard work:
The registry of a copyright provides a legal recognition and sanctity to the work. It recognizes the effort put in by the author and empowers him with the exclusive rights of the work.
- Clarity of Rights:
The registration of copyrights helps in identifying the nature and extent of rights that are vested upon the owner. It clarifies:
- The duration of Copyright
- The extent of right in case of Joint-owners
- Other rights/right holders in the work
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Helps in Maintenance of Records:
In case of any dispute, the registry not only clarifies the doubts with respect to ownership and rights but also provides an account of necessary records relating to the time of creation of work, right holders involved, the nature and extent of rights etc.
- Revenue Generation:
Lastly, the registration not only protects the owner from the use, translation, and adaptation of his work but also enables him to enforce his economic rights. The registration enables the person to spread his work without any apprehensions of piracy thereby accounting for more money.
How can you get your copyright registered?
Chapter XIII of the Copyright Rules, 2013 sets out the procedure for registration of a work. The application for registration can be submitted to the Copyright Office along with necessary documents. The applications are also accepted by post. Online registration through ‘E-filing facility’ is also available which facilitates the applicant to opt for time and place for the filing of their applications.
What are the necessary documents for registration of Copyrights?
- The application form is to be made on Form XIV (including the Statements of Particulars and Statement of Further Particulars) as prescribed in the first schedule of the rules.
- The application should be duly signed by the applicant.
- Along with the application, following documents should be enclosed:
- 4 copies of the artistic work;
- Title of the work;
- Name and address of the applicant
- Nature of the applicant’s interest in the work;
- Name, address and nationality of the author;
- In case the author is deceased, the date of death of the author;
- Names, addresses, and nationalities of the owners of various rights comprising the copyright in the work and the extent of rights held by each.
- Wherever applicable, the Power of Attorney signed by the party and accepted by the advocate should also be enclosed.
- Every application should be accompanied by the required fee as mentioned in the second schedule of the rules.
*Separate applications should be filed for every work.
What is the time period to get the copyright registered?
After the application is filed, the applicant has to wait for a mandatory period of 30 Days so that any objections for the same can be filed. In case any objection is filed, the Registrar of Copyrights after giving an opportunity of hearing to both the parties may decide to register the work or otherwise.
If no objection is filed, the application is examined by the examiners. Further, if any discrepancy is found otherwise, the applicant is given 45 days time to remove the same.