Copyright is a legal right that allows creators of things like books, movies, music, and other artistic works to control how their creations are used. This right includes the ability to decide who can make copies, share the work with the public, change it, or translate it into other languages. The specifics of these rights can vary a bit depending on what kind of work it is.
WHAT IS THE NEED FOR COPYRIGHT?
The purpose of copyright is to make sure that creators can protect their work and be rewarded for their creativity. This is important because creativity drives progress. No society that wants to advance can overlook the need to encourage creative efforts. When creators know their work is protected, they are more likely to feel motivated to create more, and this in turn encourages others to be creative as well. This cycle of creativity leads to both economic and social development in a society, benefiting everyone by creating a positive environment that encourages continual creation and innovation.
HOW COPYRIGHT ACT PROTECTS CREATIONS?
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works, cinematograph films and sound recordings from unauthorized uses. Copyright protects the expressions and not the ideas. There is no copyright protection for ideas, procedures, methods of operation or mathematical concepts.
DO YOU NEED TO REGISTER YOUR CREATION OR WORK?
Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
WHERE CAN YOU FILE A COPYRIGHT APPLICATION?
The Copyright Office has set up an Online registration through “E-filing facility “ since 2014, facilitating the applicants to file applications at the time and place chosen by them for all types of works. The applications are also accepted by post. And can be sent to Registrar of Copyrights at Plot no. 32, Boudhik Sampada Bhawan, Sector 14, Dwarka, New Delhi- 110075.
PROCEDURE FOR REGISTRATION OF WORK:-
The procedure for registration is as follows:
- Application for registration is made on Form XIV (Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules;
- Separate applications should be made for registration of each work;
- Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules ;Click here to know the requisite Government Fee.
- The application(s) should be signed by the applicant along with the Power of Attorney.
- The fee can be paid through E-payment or in the form of Demand Draft or Indian Postal Order favouring “Registrar Of Copyrights Payable At New Delhi” in case the application is being sent through post.
CAN YOU GET UNPUBLISHED WORK REGISTERED?
You can register both published and unpublished works. If your work is published, you’ll need to send two copies along with your application. If it’s unpublished, you’ll need to send a copy of the manuscript. The Copyright Office will stamp one copy as proof of registration and keep the other for their records.
If you only want to register part of an unpublished work, that’s okay too. You can send extracts instead of the whole manuscript, and they’ll stamp those and return them to you.
If you register your work while it’s unpublished and then later decide to publish it, you can apply to update the registration details. The registration process and fees are the same regardless of whether your work is published or not.
CAN I REGISTER THE SOFTWARE OR PROGRAMME I HAVE WRITTEN?
Yes. A Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases, however, the ‘Source Code’ and “Object Code” also have to be supplied along with the application for registration of copyright for software products.
HOW LONG DOES IT TAKE TO GET A COPYRIGHT REGISTERED?
it may take around 2 to 3 months time for registration of any work in the normal course. After an application is filed, the applicant receives a diary number. It is mandatory to wait for 30 days upon filing of an application to allow any potential objections to be filed against the work sought to be registered. If no objection are filed in the Copyright office against your claim, the application is examined by the examiners. If any discrepancy is found the applicant is usually given 45 days time to remove the same. In case objection is filed, the Registrar of Copyrights after giving an opportunity of hearing to both the parties, may decide to register the work or refuse the registration.
COPYRIGHT FAQ’S
HOW LONG IS A COPYRIGHT REGISTRATION VALID FOR?
A copyright registration in case of literary, drama, music work provides protection till the lifetime of the author plus an additional 60 years after the author’s death. But in the case of the films, sound recording, photographs the protection extends to 60 year beginning from the date of publication.
IS THE COPYRIGHT OBTAINED IN INDIA VALID ONLY IN INDIA OR THROUGHOUT THE WORLD?
India is a signatory to the Berne Convention and any copyright obtained in India will get copyright protection to the countries which are signatories to the Berne Convention.
CAN I SELL OR TRANSFER MY COPYRIGHT REGISTRATION?
If you are the owner of the work, you can Sell, License, Gift or transfer your Copyright registration to anyone you choose.
WHO CAN OBTAIN COPYRIGHT REGISTRATION?
Any person or an entity can obtain copyright registration. An individual can be an author, creator, musician, photographer, producer, painter, composer, or company.
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