Copyright and Its Registration: A Comprehensive Guide
In today's scenario social media has become an influential platform where people create their original content and present it through platforms like Instagram, YouTube and others in form of reels. To protect these contents it is important to safeguard it in such a way that it gets legally recognized and the person has their exclusive rights. Here comes the role of Intellectual Property Rights. They safeguard intellect stuffs created by individuals. Under IPR, there is a concept named as copyright which helps to safeguard literary works created by individuals.
This blog explains about the concept of copyright, its registration process and other requisites which is important and should be noted by individuals while seeking protection under copyright.
📚 What is Copyright?
Copyrights is a legal right that gives protection to original intellect works of individuals such as literary, artistic, musical, dramatic work. Also, cinemas, films, sound recording, website creation and others comes under the ambit of copyright.
In India, copyright is governed under Copyright Act, 1957. Under the Copyright Act, copyright has been defined under section 14 which says copyright is an "exclusive right to do or allows someone to do certain things with a work, in whole or substantial part under categories such as literary, artistic, dramatic works. The category under the said section includes cinematography forms, computer programs, and sound recording.
In India, copyright arises automatically when intellect work is created and fixed in tangible form. Registration of copyright is important as it is marked as an evidence of ownership and helps to legal enforcement in case of infringement.
✨ Benefits of Copyright
- Legal Proof: Serves as official evidence of ownership
- Legal Protection: Protects your work from unauthorized use
- Right to Sue: Enables legal action against infringers
- Record for Public: Creates public record of your ownership
- Value Maintenance: Helps maintain commercial value of your work
📝 Registration of Copyright
Copyright registration can be done by online filing of registration form. Here's the complete step-by-step process:
Step 1: Visit Official Website
Register as new user at the official website of copyright registration and save credentials.
Step 2: Filing of Registration Form
After doing the first step fill Form XIV, the application for registration. Complete the form, attach supporting documents, add NOC and Statement of particulars.
Step 3: Fees Payment
After filing the form, pay the required fees. After payment made successfully, a diary number appears which is crucial for further process of registration.
Step 4: 30 Day Waiting Period
This is a crucial period as in these 30 days copyright office publishes the application and objection is raised by public or any third party.
Step 5: Approval by Registrar
If there is no objection raised by the third party then, Registrar will analyze the application made and documents for discrepancies if any. If objection has been raised by the third party then, the applicant and opposing party shall be notified and hearing should be arranged to resolve objection raised.
Step 6: Certificate of Registration
After the application has been approved, the Registrar of copyright will issue a Copyright Registration Certificate. This will act as a legal proof of ownership which is considerable in court as well.
📄 Documents and Fees for Registration
These documents are required for registration of copyright:
- 2 copies of work
- Fees for copyright registration
- NOC from author/publisher if applicant is not them
- Specific power of attorney (if applicable)
- Search certificate (in case of artistic work)
These are some basic documents which are required during the process of registration of copyright. Other documents may vary from work to work such as specific document may be required in cinematography work which may not be required by computer program or software work.
💰 Fee Structure
Fees required for registration is different for different categories. Categories mentioned under section-45 the fees required is Rs.2000. NOC form trademark office has to be presented while opting for copyright process.
- Sound Recording: Rs. 2,000
- Cinematography: Rs. 5,000 (besides fees for copyright registration)
- Literary, Artistic, Dramatic or Musical Works: Rs. 500 (for original content, not mere translation)
Duration of Protection: For literary and musical works - lifetime of the author plus 60 years. Other categories get protected for a period of 60 years from publication.
✅ Copyright Registration Checklist
- Copyright registration is not mandatory. However, if it's registered then it acts as an evidence and later on claims for infringement can be claimed.
- Fees, documents, shall be submitted in the format mentioned in the official website.
- Other checklists has been mentioned at the official site of Department for Promotion of Industry and Internal Trade.
- If required Power of Attorney shall be presented.
🎯 Conclusion
Copyright is a valuable and creative step for creators, authors, and other startups who are seeking opportunity for their growth in the professional atmosphere. Copyright registration helps one to certificate for copyright which acts as an evidence if seeking for legal assistance. In today's time content creation is streaming globally and is not restricted to any particular nation.
This asset from IPR helps content creators to secure their content from getting damaged. The creators are eligible to seek the protection of copyright. In case of R G Anand vs M/S Delux Films it was held by the Supreme Court that copyrights helps in protection of expression of ideas. Content creators may lay their rights of foundation under the said case.
By understanding and utilizing copyright protection, content creators can safeguard their intellectual property while contributing to a culture of innovation and creative expression.