What if you were writing a new book? It’s a literary gem with the potential to make you a lot of money, but you’re worried about what could happen if people steal it and market it under their own name after it’s published? What would you do to avoid this and safeguard your rights?
The solution is simple. You must file your work with the Registrar of Copyrights. Copyright is a legal privilege granted to authors of original work in the fields of fiction, drama, music, and sculpture, among others. A copyright registration covers the art legitimately and forbids it from being used without permission.
What types of works would be protected by copyright?
Copyright can be claimed in India for original works such as musical compositions, literary works such as books and manuscripts, cinematography videos, fashion designs, artistic works such as sculptures, performances, software and other computer programs and compilations, and so on.
Copyright does not cover words, names, thoughts, concepts, logos, techniques, or short sentences, so keep that in mind.
What is the purpose of having copyright?
Copyright is immediately obtained when you produce original work. The question then becomes, “Why do you need to have it registered?”
Let’s look at some of the advantages of copyright registration for your work:
- The issuance of copyright establishes a public record. It notifies the world that your work is copyright secured and allows those looking to license your work to find you.
- It allows you to sue and take legal action against someone who infringes on your copyright by selling copies of your work without your consent.
- It gives you financial incentives by allowing you to use your work in a variety of ways, such as making copies, working in public, transmitting your work, and receiving adequate compensation. As a result, it serves as a reward for your inventiveness.
- It enables you to sell or transfer your work’s rights.
- It enables you to obtain legal proof of your possession. If anyone attempts to prohibit you from using your art, you may simply show that it is your work and that you have the right to use it by citing your copyright.
- It enables you to alter the nature of your work. It enables you to create a continuation, rewrite, or upgrade the job, for example.
Who has the authority to file work with the Registrar of Copyrights?
The following persons are qualified to apply a copyright application:
The author
The author of the job is either the one who created it or the boss whether created during employment. This is referred to as “job for hire.” This kind of author is lawfully permitted to obtain a copyright for his or her work.
The owner of exclusive rights
An individual can be granted exclusive rights to control, use, and distribute an original work under copyright laws. These rights include the ability to copy or render copies of the original work, circulate copies of the work, publicly exhibit the work, execute the work, and modify and create versions of the original work. The owner of such exclusive rights can apply to have his or her claim in the work registered.
The copyright holder
This may be the author or an individual or entity who has acquired ownership rights from the author by a signed contract, will, or other means.
The approved representative
This applies to someone who is allowed to work on behalf of the artist, a copyright claimant, or the exclusive right holders.
It can also be noted that there is no age limit for obtaining copyright, and a minor may register copyright as well. This is because copyright law recognizes innovation and recognizes that age should not be a barrier to it. Often, unless the authors themselves decided otherwise since the work was done by two or more individuals, the creators of the work are co-owners.
The procedure for filing a copyright is as follows:
Now that we know who is qualified for copyright and what documents they need to get it, let’s look at how you can file your original work with the copyright registrar under Chapter X of the Indian Copyright Act, 1957, and Rule 70 of the Copyright Rules’ 2013.
- File an application
The author of the book, a copyright claimant, the owner of an exclusive right to the work, or an approved representative must file an application in person at the copyrights office, through speed/registered mail, or via the official website’s e-filing service (copyright.gov.in).
A different application must be lodged with the registrar for each job, along with the specifics of the work. Along with this, the required charge must be given. Payments vary depending on the nature of the job.
- Examination
The copyright application is then examined in the following process.
There is a minimum 30-day waiting period after the dairy number is given. The copyright examiner checks the submission at this period. This time frame is in place to allow for objections to be raised and examined. The procedure is split into two parts here:
If no questions are raised, the reviewer reviews and scrutinizes the submission for any inconsistencies.
- It is a case of nil inconsistencies where there is no error and the necessary documentation and records are included with the submission. The claimant is permitted to proceed to the next stage in this situation.
- A letter of inconsistency is sent to the claimant if any anomalies are discovered. The registrar conducts a hearing based on his response. The claimant is entitled to proceed to the next level until the discrepancy has been settled.
If someone objects to the claimant, letters are addressed to both sides, and they are summoned to the registrar’s office for a hearing.
- If the objection is dismissed at the hearing, the application is sent for review, and the above-mentioned inconsistency process is used.
- The application is denied and a rejection letter is submitted to the respondent if the objection is not addressed or the discrepancy is not overcome. The copyright licensing process for such a claimant comes to an end here.
- Registration
The registration phase is the last step in this procedure. The registrar can request additional documents at this stage. The Registrar of Copyrights must enter the particulars of the copyright into the registry of copyrights and grant a certificate of registration until he or she was fully pleased with the applicant’s copyright assertion.
When the claimant receives the Extracts of the Register of Copyrights, the copyright registration process is complete (ROC).
Conclusion
Creativity is the most important prerequisite for societal development. Encouragement of innovation promotes a society’s economic and social growth. Copyright preserves people’s imagination and serves as a source of inspiration for artists, writers, and others. You have the freedom to clone, modify, paternity, and share your work if you register it with the Registrar of Copyrights.
