WHAT IS COPYRIGHT?
A copyright is a collection of rights that automatically vest to someone who creates an original work of authorship like a literary work, song, movie or software. These rights include the right to reproduce the work, to prepare derivative works, to distribute copies, and to perform and display the work publicly.
Copyrights can be granted by public law and are in that case considered “territorial rights”. This means that copyrights granted by the law of a certain state, do not extend beyond the territory of that specific jurisdiction. Copyrights of this type vary by country; many countries, and sometimes a large group of countries, have made agreements with other countries on procedures applicable when works “cross” national borders or national rights are inconsistent.
Owners rights in copyright are as follows;
Reproduce the work
Prepare “derivative works” (other works based on the original work)
Distribute copies of the work by sale, lease, or other transfer of ownership
Perform the work publicly
Display the work publicly
Who Can Register a Copyright?
The creator of the work, and the person who has obtained rights to the original work can register for the copyright.
If a work has been created by two people, then they get co-ownership of the copyright, unless the people concerned want it otherwise. There is no age bar on obtaining a copyright. A minor can register one too.
Steps for Copyright Registration
Step 1: Filing the Application
Step 2: Examination
a. In case of no Objection:
The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:
1. In case of discrepancy found during scrutiny:
A letter of discrepancy is sent to the applicant letter is generated and sent to the applicant.Based on the reply from the applicant, the registrar conducts a hearing of the alleged discrepancy row
2. In case of zero discrepancy:
This would mean that the copyright application fulfils all criterion required for the copyright. The applicant is then given the nod to go ahead with the registration of the same.
b. In case of an objection filed:
While we listed above the scenarios of ‘no objections’, in case one is faced with an objection, the following proceedings take place:
Authorities send out letters to the two concerned parties, trying to convince them to take back the objection.
After requisite replies from the third party, the registrar conducts a hearing
Depending on whether the registrar accepts the reply, the procedure takes shape.
1. If the application is accepted:
The application being accepted means that the objection has been rejected. The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:
2. In case of discrepancy found during scrutiny:
A letter of discrepancy is sent to the applicant letter is generated and sent to the applicant.
Based on the reply from the applicant, the registrar conducts a hearing of the alleged discrepancy row
Once the discrepancies are sorted during the hearing, the extracts of the same are sent to the applicant for him/her to register the copyright.
c. In case of zero discrepancy:
This would mean that the copyright application fulfils all criterion required for the copyright. The applicant is then given the nod to go ahead with the registration of the same. (If the registration is not approved, then the applicant received a letter of rejection)
d. If application is rejected:
In case this happens, then the applicant receives a rejection letter that marks the end of the copyright procedure
Step 3: Registration
As can be seen from the aforementioned steps, the registration solely depends on the registrar. Once everything is cleared from the registrar’s end, the applicant received the copyright and can legally exercise all rights that come with the owner of that copyright.
Copyright is a form of the intellectual property law. It is registered to protect original pieces of work such as music, art, literature, cinema/film, photography or a computer program. There are in-depth categories that can be registered for copyright by the creators. It will give exclusive and complete rights to the creator of the work.
A copyright protects an original artistic, literary, dramatic or musical work. This includes things like paintings, books, songs, movies, software and even advertising copy. Copyright law does not protect ideas. The work must be in a tangible medium. A hard copy may require for this which a copy right.
There are some benefits if we register for copyright which are as following:
Public Record.
Ability to File an Infringement Lawsuit.
Validity of the Copyright.
Statutory Damages
Hence, Copyright registration for the people who really need to do work on daily basis.
