Copyright Registration

Copyright refers to the ownership rights to literature, theatre, music, artwork, sound recordings, and other works. A collection of rights, including those for reproduction, public communication, adaptation, and translation, are granted to the work upon copyright registration. The protection and encouragement of writers' ownership and enjoyment rights through copyright registration promotes and rewards innovation.

You must register your copyrights in order to communicate with the public, reproduce the works, alter them, and translate them.

There has been a huge growth in the quantity of intellectual property being registered in India as awareness of intellectual property laws has expanded. Copyright registration is a crucial aspect of intellectual property protection.

Copyright registration is governed by the Copyright Act of 1957. Since it cannot be used without the author's or creator's permission, the author's creative work cannot be duplicated. For the use or modification of their work, the author has the right to set a fee. Usually, a copyright is valid for 60 years.

Eligibility

Any literary, dramatic, musical, artistic, cinematic, or sound recording work can be registered as a copyright. According to the copyright statute, copyrights are primarily granted to three categories of works, and each category has a unique privilege.

• The copyright for books, music, paintings, sculptures, and other original creative works includes these genres as well.
• Any work of visual recording on any medium is included in the category of cinematography films under the law.
• Regardless of the medium on which they are made or the process used to create the sound, sound recordings fall under the distinctive class of recordings under the copyright laws.

Benefits of acquiring Copyright Registration

Provides Legal Protection

The creators enjoy legal protection when their work is reproduced without authorization. Registering a Copyright makes it much easier to protect the original work against infringement.

Market Presence

Copyright registration makes the work publicly accessible and establishes ownership of the creative work.

Rights Of The Owner

The right to reproduce, distribute, adapt, and translate the work belongs to the owner of the registered copyright.

Process for Copyright Registration

Copyright registration applications can be submitted on Form IV along with the required fees. It can be copyrighted whether it is a published or unpublished work. A published work application must be submitted with three copies of the published material.

When submitting an application to have the copyright office's stamp, which serves as documentation that the work has been registered, it is necessary to include a copy of the manuscript for unpublished works.

How to register for a copyright:

• The application for copyright registration has to be filed in the concerned forms that mention the particular's work.
• Depending on the type of the work, a separate copyright application may have to be filed.
• The applicant needs to sign the forms, and the Advocate must submit the application under the name the POA has been executed.
• Meanwhile, our experts will prepare the copyright registration application and submit the necessary forms with the Registrar of copyrights.
• The diary number will be issued once the application is submitted online.
• Within the waiting period of 30 days, the copyright examiner reviews the application for potential objection or any other discrepancies.
• If there is an objection, a notice will be issued, and the same has to be compiled within 30 days from the date of issuance of the notice. The examiner may call both parties for a hearing.
• After the discrepancy has been removed or no objection, the copyright is registered, and the Copyright Office will issue the registration certificate.

Copyright Protection Validity

Typically, copyright protection is in effect for 60 years. When it comes to unique literary, dramatic, musical, and artistic works, the 60-year window starts with the author's passing year.

The 60-year period begins to run when a cinematographic film, a sound recording, a photograph, a posthumous publishing, an anonymous or pseudonymous publication, a work of government, or an international organization's activity is published.

The remedy in case of Copyright Infringement

Infringement against the copyright of any work is a crime punishable under The Copyright Act's Section 63. Penalties include a fine of Rs. 50,000 and a term of imprisonment of six months.

Additionally, any police officer not below the level of sub-inspector may, if convinced that a copyright violation has occurred or is likely to occur, seize all copies of the work as well as the plates used to create the infringing copies of the work without a warrant.

Copyright Objection

During the registration process, it is possible that the registrar will object to the copyright application. Numerous factors, including application resemblances and the presence of related work, can give rise to an objection. Up to 30 days following the filing of the copyright application, objections to the use of the copyright may be made.

After carefully reviewing the application, the registrar notifies the applicant of any concerns and asks for explanations. It is critical to respond to the copyright objection letter because it is a legal requirement. If no response is received, the registrar may terminate the copyright application, which is then amended in the copyright journal as "rejected."

In order to secure and keep the work's legal rights, it is essential to respond to the copyright objection in order to prevent such outcomes.

Responding to a copyright objection letter as a legal letter requires legal knowledge and writing abilities. There is no set format for writing a letter in response to a copyright objection.

Rights of the Copyright owner

Right of reproduction

Exclusive rights are granted to the copyright owner upon registration. Without the owner's consent, copies and reproductions of the work are prohibited.

Right of Adaptation

The Act allows the creator to use his piece of work the way he wants to use it. He can create any derivatives of his original work. He can also use a different format based on his existing creation.

Right of Communication To The Public

The proprietor may make public their own original work. The owner of the copyright may employ visual cues or even pictures.

Right of Public Performance

Owners of creative works like music and painting can publicly perform their creations. A musician can perform his music for the public. An artist is free to perform in public or on any platform of their choosing.

Right of Paternity And Integrity

Original work's creators are given moral and ethical rights. The artist may assert sole authorship of his work under the terms of the right of attribution, sometimes known as paternity.

The owner has the ability to sue the individuals for damages because to the integrity right. The original work's copyright holder has the right to sue for damages if someone tries to alter, adapt, or distort it.

Right of Distribution

According to the Copyright Act, the creator is free to choose how his work is distributed. Additionally, he can grant some rights for the use of the copyright to someone else if they so choose.

Lawful Use of Copyrighted Work Without Permission

A registered work may, in some cases, be used for research, study, criticism, review, and news reporting without the owner's consent, as well as in libraries, schools, and legislatures, according to the law. To safeguard the interests of users, some exceptions have been established with regard to particular uses of copyrighted works. A prohibited act is the use of the work.

• For research or private study.
• For criticism or review.
• In connection with a judicial proceeding.
• For performance by an amateur club or society, if the performing for a non-paying audience.
• The making of sound recordings of literary, dramatic, or musical works under certain conditions.