REGISTRATION OF COPYRIGHT
When assignments were given to us in our schools, colleges, etc., what we used to do, we simply Google it and copy then paste, assignment done. This is how 90% of students do their assignments and home works and now exams too. But those articles blogs etc., they are written by someone, they are someone’s creation or if we can say that intellectual creations.
And too protect such creations intellectual property rights came into picture. There are 5 types of Intellectual property rights those are patents, trademarks, design, copyrights etc., But this article is basically concerned with “Registration of copyright”.
COPYRIGHT is an intellectual property right, which gives the author or creator some rights to protect their work. It is constituted of two words that is “copy” and “right” which means right to copy it gives the copyright holder or his authorized person some rights to reproduce their work.
What kind of work can be registered using a copyright?
It can be taken for those original works which basically falls in the area of:
- Musical works
- Literary works like books and manuscripts,
- Cinematography,
- Fashion designs
- Artistic works like paintings,
- Performances,
- Software and other computer programes and compolations, etc.
However, the titles, names, ideas, concepts, slogans, methods, and short phrases can not be protected under it.
Why do we need a copyright?
- It creates a public record.
- It gives you right to sue a person who tries to infringe your copyright.
- It gives you economic benefit like making copies, performing in public etc.,
- It allows you to alienate the right of your work.
- It gives you a legal evidence of your work.
- It gives you right to change and upgrade your work.
Who can register or copyright:
The following people are entitled to submit an application to get copyright:
- The author,
- The copyright claimant, and
- The authorized agent.
Documents required for copyright registration:
Though there are some special requirements for different kinds of work, broadly the essential requirements are:
- 3 copies of the work if the work is published;
- If the work is not published, then 2 copies of manuscripts;
- If the application is being filed by an attorney, then special power of attorney or vakalatnama signed by the attorney and the party;
- Authorization in respect of work, if the work is not the work of the applicant;
- Information regarding the title and language of the work;
- Information regarding the name, address and nationality of the applicant;
- Applicant must also provide his mobile number and email address;
- If the applicant is not the author, a document containing the name, address and nationality of the author, and if the author is deceased, the date of his death;
- If the work is to be used on a product, then a no-objection certificate from the trademark office is required;
- If the applicant is other than the author, a no-objection certificate from the author is required. In this case, an authorization of the author may also be required;
- If a person’s photo is appearing in the work, then a no-objection certificate from such person is required;
- In case the publisher is not the applicant, a no-objection certificate from the publisher is required;
- If the work is published, the year and address of first publication is also required;
- Information regarding the year and country of subsequent publications;
- In case of copyright is for software, then source code and object code are also required.
Procedure for registering a copyright:
One can register their work under chapter 10 of the Indian Copyright Act, 1957 and rule 70 of the copyright rules’ 2013. The steps involved in this process are:
- File an application: This is the first step in which the copyright claimant have file an application either physically in the copyright office or through speed/registered post or through e-filing facility available on the official website. A spate application must be filed with the registrar along with particulars of work with the requisite fees. And at the end a diary number will be issued to the applicant.
- Examination: There is a minimum wait of 30 days for recording and analyzing any objections that may come up against the copyright application.
- In case of no Objection: The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:
- 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
- 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.
- 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
- 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:
- 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.
- In case of zero discrepancy: This would mean that the copyright application fulfils all criterion required for the copyri97ght. 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)
- If application is rejected: In case this happens, then the applicant receives a rejection letter that marks the end of the copyright procedure
- 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.
