Copyright Registration – An Overview

Copyright registration is a legal mechanism designed to protect intellectual and artistic creations from unauthorized copying, imitation, or use. In India, copyrighted works are safeguarded under The Copyright Act, 1957, which provides protection to creators, producers, and owners of original works.

Intellectual property rights cover creations in various fields such as literature, music, cinematographic films, sound recordings, and both creative and fine arts.

The Copyright Act, 1957 empowers individuals to defend their intellectual rights against fraudulent, deceptive, and unlawful use of their original works.

Over the years, the Act has been amended multiple times to address emerging fields of work. The most recent amendments now extend copyright protection to computer-related works, including software, digital content, and databases. This grants creators the legal right to safeguard their digital creations from unauthorized distribution and use.

The primary aim of copyright registration is to encourage innovation and creativity by ensuring that creators receive monetary rewards and recognition for their original works. This, in turn, fosters the production of high-quality content across various industries.

What is Copyright?

As defined by The Copyright Act, 1957, copyright is the legal right of the original creator of intellectual property to control the use and distribution of their work. Copyright helps prevent unauthorized use and reproduction of a creator's work, prohibiting others from copying it without permission.

The purpose of copyright is to protect creators from fraudulent attempts to imitate, reproduce, or distribute their work.

What is The Copyright Act?

Officially known as The Copyright Act, 1957, this legislation governs copyright law in India. It offers legal protection to the creators, producers, and owners of original works by granting them exclusive rights to their creations.

The Act provides copyright owners with rights over the reproduction, distribution, performance, display, or licensing of their original work, and prohibits others from doing so without permission.

Provisions of the Copyright Act, 1957

Some of the key provisions of The Copyright Act, 1957 include:

• Scope of Protection: The Act protects a wide range of creative works, including music, art, drama, cinematographic films, sound recordings, and written works.

• Validity: Copyright protection in India lasts for 60 years from the creator's death for literary, dramatic, artistic, and musical works. For cinematographic films and sound recordings, it lasts for 60 years from the date of publication.

• Exclusive Rights: The Act grants copyright holders the exclusive rights to reproduce, adapt, distribute, perform, and display their works. It also allows them to authorize others to use their works in specific ways.

• Remedies for Infringement: The Copyright Act outlines remedies for copyright infringement, including the ability to take legal action and seek penalties against infringers.

• Fair Use: The Act includes provisions for the fair use of copyrighted works, such as for research, criticism, review, or educational purposes, provided permission is obtained from the creator.

• Amendments: The Act has been amended several times to include new categories of work, align with international copyright treaties, and address technological advancements.

What Works are Covered under The Copyright Act, 1957?

In India, copyright protection is available for the following six categories of work:

1. Artistic Works – This includes sculptures, paintings, drawings, performances, and other forms of artistic expression.

2. Musical Works – This covers compositions, lyrics, melodies, tunes, and musical notations.

3. Cinematographic Films – This includes films and related audiovisual projects.

4. Sound Recordings – This includes audio recordings, such as music, speeches, and other forms of sound-based content.

5. Literary Works (excluding computer programs) – This includes written works such as essays, articles, poems, novels, and other literary creations.

6. Computer Programs, Tables, and Compilations – This includes digital works such as software, data tables, and compilations.

Importance of Copyright Registration in India

Copyright registration in India holds significant importance because The Copyright Act, 1957 not only protects the rights of original creators, producers, and owners but also provides provisions for remedial measures in case of copyright infringement.

Thus, copyright registration serves as a protective shield for copyright holders, enabling them to take legal action against violations and seek compensation for damages caused by the unauthorized use of their work.

While the Act is designed to preserve the integrity of original works, it also permits the fair use of copyrighted content for purposes such as research, criticism, and education, as long as proper permission is obtained. Therefore, it can be said that online copyright registration is a crucial step in not only safeguarding one’s work but also enabling its fair use with good intentions, benefiting the public at large.

Moreover, obtaining lawful permission to use a creator's original work ensures that creators receive proper recognition for their efforts and that their rights are respected.

Benefits of Copyright Registration in India

Copyright registration plays a crucial role in securing legal ownership of creative works. It grants the original creator exclusive rights over their content, including control over its distribution, reproduction, translation, and adaptation.

Here are some key benefits of copyright registration in India:

Legal Ownership

Registering a copyright establishes the creator’s legal ownership, officially recognizing them as the rightful owner in legal records. This serves as proof of authorship and helps protect against disputes.

Control Over Distribution

Once a work is copyrighted, the owner retains exclusive control over its distribution and public dissemination. This ensures protection against unauthorized use, copying, or illegal circulation.

Exclusive Reproduction Rights

The copyright holder has the sole right to decide whether and how their work is reproduced. No one else can copy or replicate the content without prior permission from the owner.

Protection for Translations & Adaptations

Copyright laws safeguard the owner’s rights to authorize or restrict translations or adaptations of their work. Others cannot modify or recreate the content without obtaining proper consent.

By securing copyright registration, creators can safeguard their intellectual property and ensure that their work remains protected from infringement.

Eligibility Criteria for Online Copyright Registration

To apply for online copyright registration, creators and owners must adhere to specific rules and conditions. These include:

• The work must be original and showcase the creative abilities of the creator or owner.
• The creative work must exist in a tangible form for copyright protection.
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File Format Requirements for Different Works:

• 1. Artistic Works – Must be uploaded in PDF/JPG format.
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• 2. Sound Recordings – Must be uploaded in MP3 format.
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• 3. Literary, Dramatic & Musical Works – Must be uploaded in PDF format, with a maximum file size of 10 MB.
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• 4. Software Works – Must be uploaded in PDF format, with a file size not exceeding 10 MB. The PDF should include at least the first ten and last ten pages of the source code, or the entire source code if it is under 20 pages. The content must be clearly visible, with no redactions or block-outs.
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• 5. Motion Pictures (Videos & Films) – Must be uploaded in the appropriate video format.

Documents Required for Copyright Registration in India

The applicants must submit the following documents while submitting an application for copyright registration in India. The list of documents needed is as follows:

1. 1. Applicant details – Name, address, nationality (in case of an author)
2. 2. Identity proof of the applicant – Aadhar card, PAN card
3. 3. Copies of published work – Two sets
4. 4. Language –The language in which the work is published
5. 5. Class, Title, & Work description – Refer to the guidelines for more clarity
6. 6. Date of Publications – Refer to the guidelines that describe published work
7. 7. No Objection Certificate – From Author, Copyright holders, Publisher
8. 8. Incorporation Certificate – If copyright concerns any business
9. 9. Demand Draft– If the application is being submitted offline
10. 10.Power of Attorney or Vakalatnama – If the application is filed by an advocate on behalf of the applicant

Note: Documents for different creators and owners will vary depending on their line and scope of work.

Procedure for Copyright Registration in India

Creators and owners must carefully follow the copyright registration process, ensuring proper submission of the application, payment of fees, verification, and compliance with legal requirements. Below is a step-by-step guide to the copyright registration process in India:

Step-by-Step Process for Copyright Registration

1. 1. Filing the Application

   • The copyright registration application must be submitted in FORM IV along with all necessary details and a statement of particulars.
   • A separate application must be filed for each distinct work.
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2. 2. Payment of Application Fees

   • Applicants must pay the required fees as specified in Schedule 2 of The Copyright Act, 1957 at the time of submission.
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3. 3. Signature of the Applicant

   • Every application must be duly signed by the applicant.
   • Additionally, the application must include the signature of an advocate if a Power of Attorney (POA) or Vakalatnama has been executed in their favor.
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4. 4. Waiting Period

   • Once submitted, the Registrar issues a Diary Number for tracking the application.
   • A mandatory 30-day waiting period follows, allowing third parties to raise objections if any.
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5. 5. No Objections Received

   • If no objections are raised within 30 days, the application moves forward for scrutiny.
   • The examiner reviews the application for any errors or discrepancies.
   • If no issues are found, the application is accepted for registration, and an entry is made in the Register of Copyrights.
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6. Handling Objections (if any)

   • If objections are raised, the examiner notifies both parties and schedules a hearing.
   • After the hearing, if the issues are resolved, the application proceeds to scrutiny for final approval or rejection.
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7. Approval or Rejection

   • If the examiner finds no discrepancies, the application is approved and registered.
   • If issues persist, the application may be rejected.

Modes of Copyright Application in India

Under Indian copyright law, applicants have two options for submitting their copyright registration:

1. Online Copyright Application

• Portal: Applications can be submitted via the official Copyright Office website: https://copyright.gov.in.
• Process: Applicants must complete the required forms, upload necessary documents, and pay the prescribed fee online.
• Benefits: Online submission is faster, more convenient, and allows easy tracking of application status.
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2. Offline Copyright Application

• Submission: Applications must be physically submitted at the Copyright Office.
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• Process:
  • Applicants must fill Form XIV and attach the necessary documents.
  • Copies of the work and a demand draft for the fee payment must be included.
• Address: The completed application should be sent to the Registrar of Copyrights, Copyright Office, New Delhi.
• Benefits: Offline submission is suitable for applicants who prefer paper-based applications or are unfamiliar with online procedures.

What are the Legal Rights of a Copyright Owner?

A copyright owner is entitled to various benefits and legal rights. These legal rights authorize copyright owners to manage and protect their work while controlling their intellectual property.

Let us explore some of the most important benefits enjoyed by creators with copyrighted work, including:

  1. Authorship – As an author, if your work is protected under the copyright law, you are lawfully entitled to claim authorship of all your published work.

  2. Reproduction & Storage – The copyright law permits the original owner to reproduce their work in any material form. They can also store the same in any electronic      medium as well.

  3. Publication & Dissemination – The original owner has the right to decide if and how they can publish and disseminate their work in the public domain. They have full control over the publication rights.

  4.Public Performance & Communication - The original owner has the right to decide how to perform or communicate their work to the public publicly. They may also choose to create translations or adaptations of the same.

  5.Protecting Reputation – If the original owners fear some actions may cause a harm to their reputation or image, they can take necessary preventive actions to protect the same.

  6.Selling & Transferring Rights– The original owners are entitled to sell or transfer the copyright, thereby giving a third person the rights to use, reproduce, or adapt their work in accordance with the specifics of the transfer agreement.

Copyright Registration Fees in India

The cost of copyright registration in India depends on various factors, primarily the type of work being registered.

At Fastzeal, we assist clients in registering their creative works with ease. With over a decade of experience in the field, our copyright registration fees are as follows:

• Literary, Dramatic, Musical, or Artistic Works – Starting from 500 per work.
• Cinematograph Films – Starting from 5,000 per work.
• Sound Recordings – Starting from 2,000 per work.
• Computer Software & Related Works – Starting from 4,000 per work.

Timeline for Copyright Registration in India

• The processing time for copyright registration varies based on several factors. Generally, it takes around 2 to 3 months from the date of application submission to receive the copyright registration certificate.

  However, the timeline may be extended due to:

  
  Objections During the Waiting Period – If any objections are raised within the mandatory 30-day waiting period, additional scrutiny and hearings may be required.

  Incomplete or Incorrect Applications – Missing or inaccurate details can delay the process.
  
  High Workload at the Copyright Office – A backlog of applications may cause longer processing times.

Why Choose Fastzeal for Copyright Registration?
Expert Professionals – A skilled team ensuring a hassle-free registration process.

Extensive Industry Knowledge – Stay updated with the latest copyright regulations.
Proven Expertise – Years of experience in handling copyright registrations successfully.
Customer-Centric Approach – Tailored solutions to meet your specific needs.
Competitive Pricing – Affordable and transparent fee structure.
Dedicated Relationship Manager – Personalized support throughout the process.
Google-Verified Services – Trusted by clients with a strong track record.