Know the Copyright Registration Procedure
Written by Advocate Ashish Panday
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work.
Copyright can be taken for the following works:
- Music
- Books
- Manuscripts
- Films
- Fashion Designs
- Training Manuals
- Software
- Literary Work
- Performance
- Paintings etc
The register of the Registrar of Copyrights is divided into 6 categories:
- PART – 1: Literary works other than computer Programs
- PART – 2: Musical Works
- PART – 3: Artistic Works
- PART – 4: Cinematography Films
- PART – 5: Sound Recording
- PART – 6: Computer Programs, tables & Compilations
Copyrights are protected by “THE COPYRIGHT ACT, 1957” though there have several amendments to the act.
Who can apply for the copyright registration?
Any author, creator, musician, photographer, producer, painter, composer, or a company may safeguards their creatives with using this legal power.
Documents required filing application for registration of copyrights?
Though it is not obligatory to copyright the performance done by the owner, yet he may safeguard his efforts for future by filing an application for copyright registration. To file an application for registration of copyright, an applicant must attach:
- Four copies of the artwork
- Applicants details of name, address and nationality proof
- Nature of interest of the work of the applicants
- Work title
- Authors details and death certificate in case of the death of the author
- First Publication date, place, publishers name, etc.
- NOC from the trademarks registry
- Power of attorney on Indian stamps paper
Also Read: A Study on Copyright and Neighbouring Rights
Copyright registration Procedure
To obtain the copyright registration the following process has to be followed:
- An application (including all the particulars and the statement of the particulars) in the format of FORM IV has to have to be sent to the registrar along with the requisite fees (mentioned in the Schedule 2 of the act.). A separate application has to be made for separate works
Fees for different works have been given by the government in this link: Click Here
- Every application has to be signed by the applicant as well as an Advocate in whose favor a Vakalatnama or a POA has been executed
- The registrar will issue a Dairy No. and then there is a mandatory waiting time for a period of 30 days for any objections to be received
- If there are no objections received within 30 days, the scrutinizer will check the application for any discrepancy and if no discrepancy is there, the registration will be done and an extract will be sent to the registrar for the entry in the Register of Copyright.
- If any objection is received, the examiner will send a letter to both the parties about the objections and will give them both a hearing.
- After the hearing, if the objections are resolved the scrutineer will scrutinize the application and approve or reject the application as the case may be.
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