Copyright Registration

Need to register Copyright?

About Copyright

Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use.

Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings.

What rights does copyright give me? What are my rights as author of a work?

There are two types of rights under copyright:

Economic rights

Which allow the rights owner to derive financial reward from the use of his works by others;

Moral rights

Which protect the non-economic interests of the author. Most copyright laws state that the rights owner has the economic right to authorize or prevent certain uses in relation to a work or, in some cases, to receive remuneration for the use of his work.

The economic rights owner of a work can prohibit or authorize:

Its reproduction in various forms, such as printed publication or sound recording;
Its public performance, such as in a play or musical work;
Its recording, for example, in the form of compact discs or DVDs;
Its broadcasting, by radio, cable or satellite;
Its translation into other languages; and
Its adaptation, such as a novel into a film screenplay.

Examples of widely recognized moral rights include the right to claim authorship of a work and the right to oppose changes to a work that could harm the creator's reputation.

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Documents/Information Required For Filing An Application For Registration Of Copyright

Documents required for Copyright Registration

Four copies of the artistic work.
Name, address and nationality of the applicant.
Nature of the applicant’s interest in the work.
Title of the work.
Name, address and nationality of the author and if the author is deceased, the date of his death.
Year and country of first publication and name, address and nationality of the publisher.
Year and countries of subsequent publications, if any, and names, address and nationalities of the publishers.
Names, addresses and nationalities of the owners of the various rights comprising the copyright in the work and the extent of rights held by each, together with particulars of assignments and licenses, if any.
Names, addresses and nationalities of other person, if any, authorized to assign or license the rights comprising the copyright.
No -objection certificate from the Trade Marks Registry
Power of attorney on Indian Stamp Paper.

Exceptions to copyright

There are some exceptions to what copyright will protect. Copyright will not protect:

Names of products
Names of businesses, organizations, or groups
Pseudonyms of individuals
Titles of works
Catchwords, catchphrases, mottoes, slogans, or short advertising expressions
Listings of ingredients in recipes, labels, and formulas, however the directions can be copyrighted

Exclusive rights

Several exclusive rights typically attach to the holder of a copyright:

To produce copies or reproductions of the work and to sell those copies (including, typically, electronic copies)
To import or export the work
To create derivative works (works that adapt the original work)
To perform or display the work publicly
To sell or cede these rights to others
To transmit or display by radio or video

FAQ

What is a Copyright?

Copyright subsists in all original published or unpublished literary, artistic works. Copyright is a right owned by the creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings.

What works are Registrable under the Copyright Act?

All original published or unpublished literary, artistic, dramatic, musical, sound recording and cinematograph films are registrable under the Copyright Act, 1957.

What works are protected under Copyright?

Literary
Dramatic
Musical
Artistic
Sound Recording and
Cinematograph films

What rights are given under Copyright Protection in India?

Reproduce the work
Issue copies of the work to public
Perform the work in public
Communicate the work to public
Make any translation of the work
Make any adaptation of the work
Make cinematographic film or sound recording in respect of the work

Apart from the above, the following moral rights are also enjoyed by the author or copyright owner:

The right of publication: It is a right to decide whether or not to publish the work;
The right of paternity: It is a right to claim authorship for published or exhibited work;
The right of integrity: It is a right to prevent alteration and other actions that may damage the authors honour or reputation.

Are Titles and Names protected under Copyright?

Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright, a work must be original.

Is Copyright Registration Mandatory?

Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright protection. India is a member of the Berne Convention as well as the Universal Copyright Convention. Therefore, work created in other member states is accorded protection in India as well. Registration of copyright is not mandatory. However, it is advisable to apply for Registration of Copyright as the certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright. It also makes the process of licensing and/ or assignment of the registered work much easier.

Where can Copyright Application be filed in India?

With effect from August 01, 2014, all copyright applications are to be filed online by visiting the website of the Copyright Office at www.copyright.gov.in, or as an alternative, to be sent by Speed Post/Registered Post in the format prescribed.

Who can file a Copyright Application?

Any individual who is the author or rightful owner, or his/ her assignee or legal heir, can file an application for the registration of copyright of a work.

What protection is available for Software Programmes in India?

A Computer Software or a software programme can be registered as a ‘literary work’ under the Copyright Act. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ also has to be supplied along with the application for registration of copyright for software products.

What is the Term of Copyright Protection in India?

The duration granted for works of copyright varies depending on the type of work. Literary or musical works or artistic works, other than photographs, have a life span, which extends through the lifetime of the author and an additional 60 years from the year in which the author dies. However, if the work has not been published, performed, or offered for sale or broadcast during the lifetime of the author, the copyright protection shall continue for a period of 60 years from the end of the year in which any of these acts are done relating to the work. Cinematograph films, photographs and computer programs are protected for 60 years from the year in which the work is made available to the public with the consent of the owner of the copyright or published work, or, failing such an event, for 60 years from the end of the year in which the work is made. Sound recordings are protected for 60 years from the end of the year in which the recording is first published.

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