COPYRIGHT REGISTRATION IN INDIA
Copyright is a bundle of rights given by the law to the creators of literary, dramatic, musical, artistic works, software, and the producers of cinematograph films and sound recordings. The rights granted under the provisions of the Copyrights Act, 1957 are to reproduce, to communicate the work to the public, to translate, and to make any adaptation of the work.
As per the Copyrights Act, 1957, “WORK” includes any literary work, artistic work, dramatic work, musical work, computer program, sound recording or a cinematograph film.
Copyright Registration and its importance:
Copyright protection begins the moment a Work is fixed in tangible form. Mere ideas cannot be said to constitute Copyright unless expressed in a tangible form. Lawmax is the Top Copyright Registration Services in Delhi
In India, it is not mandatory to register copyright in any work. However, registration is considered as ‘proof of ownership’ to establish the rights over a work. It has been held by the Supreme Court of India that the registration of copyrights is mandatory to initiate an action against infringement. Lawmax is the top law firms in Delhi
The registration of copyright also benefits in the valuation of the work in the market, i.e., it adds on to the value of the asset for commercial exploitation. The copyright registration creates an atmosphere contributing to creativity and motivates the writers, artists, designers, dramatists, musicians, architects, and producers of sound recordings, cinematograph films, and computer software to create unique work.
Steps for Copyright Registration in India:
An application for registration of Copyright is filed by the owner of the work before the Registrar of Copyrights. Separate applications are to be filed for separate works.
Once an application is filed, the Registrar examines the same after 30 days from the date of filing. In case of any discrepancy, a letter is issued to the Applicant giving the owner time to resolve the discrepancy. In case of failure to respond to such a letter, the application is deemed abandoned. However, if the Registrar of Copyrights finds the reply satisfactory details of the applied work is entered in the Register of Copyrights and the Registration Certificate is issued to the Applicant.
Documents and Information required
Generally, the following documents and details are required for filing of an application:-
• Name, address, and nationality of the Applicant.
• Name, address, and Nationality of the Author.
• In case the Applicant and Author are different, a No Objection Certificate from the Author.
• A Power of Attorney if the application is filed by an Attorney on behalf of the Applicant.
• Copy of the Work.
The biggest takeaway from this discussion is that in order to ensure protection of your original work, you need to get the same registered as soon as it is given a tangible form.
Another important thing to keep in mind is that you approach your legal counsel if you feel that your copyrights are being violated. This way your legal counsel can ensure that you get swift remedies within time, as per law.