Registration of Copyright under Copyright Act, 1957

  • Firstly we have to understand what the copyright is. So copyright is a right, not to copy someone else’s work. So whoever is the owner of the work, that owner has the exclusive rights over their work after registered his work as copyrighted. If someone registered their work under copyright act, so after the registering the work no other person has right to imitate, copy or reproduce the original work.
  • So which types of works are copyrighted under Copyright Act, 1957?
  • So there are following types of works which are protected under Copyright Act, 1957:
  1. Music
  2. Books
  3. Manuscript
  4. Films
  5. Fashion designs
  6. Training manuals
  7. Software
  8. Literary work
  9. Performance
  10. Painting etc.
  11. This is also right which includes reproduction, translation, communication to public and adaptation of work.

 

  • So let’s understand what is the registration of Copyrighted work is.
  • Chapter 10 of Copyright Act, 1957 talks about Registration of Copyright.
  • Section 44 to section 50A comes under Chapter 10 of the Act.
  • There is office of the Registrar of the Copyright is under the Copyright Act, 1957. So the documents of the owner of work like their names, address, and other documents are under the observation of the registrar of the copyright.
  • If the registration of the copyright is done after that they encourage the court proceeding against work infringement. So if the registration is done only after that a copyright exist upon that work.
  • The procedure for Registration of copyright under Copyright Act, 1957 is as follow:

 

 

  1. First step is that the owner of work has filed an application in form no. XIV
  2. For each work there has to be different application for registration of Copyright.
  3. The applicant of the application should sign the application form, and if it needed then application should be signed by an Attorney and accepted by the Advocate.
  4. With the application of registration the applicant should be paid any specific fees in the Registrar of the Copyright and also the applicant has to submit triplicate copy of the application.
  5. After filing the application form, the registrar will give the diary no. to the applicant and the copy of the application will be given to the every person who claims or who has any interest in the subject matter of the copyrighted work. After that the applicant should be waiting for 30 days for any objections by any party.
  6. After the 30 days of period if no objection received by any person, the application should be scrutinized to ensure that the application is free from any discrepancy and if any none is found, the registration will be perfected while a copy will be sent to the copyright office to be entered in the register of copyrights.
  7. And if after a period of 30 days registrar get any objection so under this circumstances, the official will write to each of the parties about the objection and schedule a hearing with the party who raised the objection.
  8. The decision of the scrutinizer to either approve the application or reject the application will be based on the outcome of the hearing.
  • Published work as well as the unpublished work registered under the Copyright Act, 1957 and also any work which done before the commencement of this act was also protected under this act.
  • If the work to be published, so for that three copies of the work should be sent to the registrar with the application for registration.
  • And if the work is unpublished so under this circumstances a copy of the draft work should be sent along with the application to make it possible for the Copyright office stamped to be affixed on it as a proof that the work has been registered.
  • Indexes of the register of copyright as may be prescribed shall be kept at the copyright office.
  • 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.
  • Acquisition copyright of work has been affected once the work has been created. It is advisable to register copyrighted work because the documents which a person got after the registration of copyright, that documents can be used as evidence in the court of law, if any dispute arises based on the creation of the work done by owner.
  • Copyright protect the work from being replicated by anyone for the specific period of time.
  • After a owner of the work registered his work under the copyright act so the work is valid for the minimum of 60 years and last for lifetime and 50 years more.
  • If once the registration is done`, after the expiry of specific period of time the owner of the work cannot renewed the copyright.

 

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