Concept of Copyright
Copyright, is a bundle of rights, which grants protection to the unique expression of ideas. Ideas per se cannot be protected; it is the expression of ideas in a material medium that is the subject matter of copyright protection. Copyright is a negative right and the owner of a copyright gets the right to prevent others from copying his work without his consent towards a commercial end. However, at the same time it gives to the author an exclusive right for the commercial exploitation of his work. A term of copyright in India is 60 years.
Copyright can be taken for the following works:
- Fashion Designs
- Training Manuals
- Literary Work
- Paintings etc
The register of the Registrar of Copyrights is divided into 6 categories:
PART – 1: Literary works other than computer Programs
PART – 2: Musical Works
PART – 3: Artistic Works
PART – 4: Cinematography Films
PART – 5: Sound Recording
PART – 6: Computer Programs, tables & Compilations
Copyrights are protected by “THE COPYRIGHT ACT, 1957” though there have several amendments to the act.
Why should one get their work registered under the copyright law?
It is not mandatory to get copyright protection but always advisable to do so because it will give the owner a certain set of minimum rights over his work and the protection that no one will be able to copy his work for a minimum period of time. This satisfaction will always motivate the owner to do more work and create more items.
Copyright Filing Requirements in India
- For corporate entities
- Country of incorporation
- Nature of entity (e.g. private limited company, public listed company)
Clear specimen of the Work (5 Copies of the Work)
- Electronic Form or
- Physical Form
- Statement of Particulars, in triplicate;
- Statement of further particulars, in triplicate;
- A No Objection Certificate;
- Copyright Notice;
- Under Certificate of Posting;
- Copy of the work in triplicate;
- Power of Attorney;
Notarized Power of Attorney (must be filed at the time of filing the application)
What is the Procedure to obtain a Copyright Registration?
To obtain the copyright registration the following process has to be followed:
- An application (including all the particulars and the statement of the particulars) in the format of FORM IV has to have to be sent to the registrar along with the requisite fees (mentioned in the Schedule 2 of the act.). A separate application has to be made for separate works.
- Every application has to be signed by the applicant as well as an Advocate in whose favor a Vakalatnama or a POA has been executed.
- The registrar will issue a Dairy No. and then there is a mandatory waiting time for a period of 30 days for any objections to be received.
- If there are no objections received within 30 days, the scrutinizer will check the application for any discrepancy and if no discrepancy is there, the registration will be done and an extract will be sent to the registrar for the entry in the Register of Copyright.
- If any objection is received, the examiner will send a letter to both the parties about the objections and will give them both a hearing.
- After the hearing, if the objections are resolved the scrutineer will scrutinize the application and approve or reject the application as the case may be.
Frequently Asked Question
1) Does copyright apply to titles and names?
Ans: Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
2) Is it necessary to register a work to claim copyright?
Ans: No. Acquisition of copyright is automatic and it does not require any formality. 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.
3) Where I can file application for registration of copyright for a work?
Ans: The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at Plot no. 32, Boudhik Sampada Bhawan, Sector 14, Dwarka, New Delhi- 110075. The applications are also accepted by post. On-line registration through “E-filing facility ” has been provided from 14th February 2014, which facilitates the applicants to file applications at the time and place chosen by them.
4) What is the fee for registration of a work under the Copyright Act, 1957?
Ans: Please go to the copyright.gov.in and click on the link fee details on the Home Page for details. One can pay fee in favor of ‘Registrar of Copyrights’ payable at ‘new Delhi’. The fee is not reimbursable in case of rejection of the application.
5) Can I myself file an application for registration of copyright of a work directly?
Ans: Yes. Any individual who is an author or rights owner or assignee or legal heir can file application for copyright of a work either at the copyright office or by post or by e-filing facility from the copyright Office web-site www.copyright.gov.in
6) Whether unpublished works are registered?
Ans: Yes. Both published and unpublished works can be registered.
7) How long I have to wait to get my work to get registered by the Copyright office?
Ans: After you file your application and receive diary number you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim. 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. If any discrepancy is found the applicant is given ordinarily 45 days time to remove the same. Therefore, it may take around 2 to 3 months time for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key for speedy disposal the matter.