REGISTRATION OF COPYRIGHT | COPYRIGHT REGISTRATION IN INDIA
In this article, we will learn about registration of copyright under Copyright Act, 1957 i.e., the process of copyright registration in India. Let’s start!
INTRODUCTION:
Copyright is nothing but a form of intellectual property protection granted under Indian law to creators of original works/content of authorship, such as literary works (including computer programs, tables, and compilations, including computer databases, which can be expressed in words, codes, schemes, or in any form) other forms, including a machine-readable medium, dramatic, musical and artistic works, feature films and sound recordings are granted.
Copyright does not protect any ideas themselves, but the expressions of ideas, on literary works, dramatic works, musical works, artistic works, feature films, and sound recordings. For example, books and computer programs are protected by law as literary works.
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Copyright refers to a set of exclusive rights conferred on the copyright holder under Section 14 of The Copyright Act, 1957. These rights can only be exercised by the copyright owner or by any other person duly licensed in this regard from the copyright owner. These rights include the right of editing, the right of reproduction, the right of publication, the right of translation, the right of reproduction to the public, etc.
Copyright protection is granted on all literary, artistic, musical, or dramatic originals, film, and sound recordings, that is, the work has not been transcribed from any other source. Copyright protection begins with the creation of the work, and its Registration is optional. However, it is always a good idea to get a registry for better protection. Copyright and is merely prima facie evidence of an entry in relation to the work in the copyright register maintained by the Registrar of Copyright.
According to the law, the Author or creator of the work is the original owner of the copyright. An exception to this rule is that in cases where the employee creates a work as part of employment, the employer becomes the copyright owner.
Copyright registration is invaluable to a copyright owner who wishes to take civil or criminal action against the infringer. Registration procedures are simple and paperwork is minimal. If the work was created by someone other than an employee, a copy of the deed of assignment must be submitted with the application.
One of the greatest advantages of copyright protection is that protection is available in different countries around the world, although the work was first published in India, as India is a member of the Bern Convention, it is granted in relation to works that were first published in India all countries that are member states of treaties and conventions to which India is a party.
Therefore, works published for the first time in India are granted copyright protection without a formal request. In addition, under the International Copyright Regulation 1999, the Indian government extended copyright protection primarily to works published outside India.
INDIAN VIEW OF COPYRIGHT PROTECTION:
The Copyright Act 1957 provides copyright protection in India and gives copyright protection in the following two ways
1) Economic rights of the Author and
2) the moral rights of the Author.
(A) Economic rights:
The Author’s rights exist to the original literary, dramatic, musical, and artistic works; Film, film, and sound recordings. The authors of the copyright to the above works enjoy economic rights according to Section (14) of the law. The rights exist mainly in relation to literary, dramatic, and musical works that are not computer programs, to reproduce the said work in a material form, including storage of the same in any medium by electronic means, to display copies of the work to the public, to perform the work in public or to reproduce publicly, to make any cinema or sound recordings in relation to the work, and to translate or edit the work.
In the case of a computer program, the Author is also entitled to the aforementioned rights, the right to sell or rent, offer for sale or rent any copy of the computer program. Regardless of whether this copy was sold on previous occasions or given against payment. In the case of an artistic work, the rights to which an author is entitled to include all rights to reproduce the said work in any material form, including the three-dimensional representation of a two-dimensional work or in two dimensions of a three-dimensional work, or to transmit copies of the work to the public exhibit, include the work in film work and edit the work.
In the case of cinematographic film, the Author has the right to make a copy of the film, including a photo of any image that goes with it, to sell or rent any copy of the film, or to offer it for sale or rent, and to pass the film on to the also The Author of the sound recording can access these rights. In addition to the aforesaid rights, the Author of a painting, a sculpture, a drawing, or a manuscript of a literary, dramatic, or musical work, if he was the first owner of the copyright, is entitled to a share in the resale price of said original copy, provided that the resale price exceeds ten thousand rupees.
(B) Moral rights:
Article 57 of the law defines the two basic moral rights of an author.
1) Right of paternity
2) Right to Integrity
The right to paternity refers to the right of an author to claim the authorship of a work and to prevent anyone else from claiming the authorship of his work in order to avoid distortion, mutilation, or other alteration of his work, or any other act relating to the work that could damage its honour or reputation.
The exception to Article 57 (1) stipulates that the Author does not have the right to restrict or claim damages (i.e., reverse engineering) with regard to an adaptation of a computer program to which Article 52 (1) (aa) applies same).
It should be noted that no account is taken of the fact that a work is not shown or not shown to the satisfaction of the Author. Constitute a violation of the rights conferred by this article. The legal frontman of the Author can exercise the rights granted to the Author of work according to Section 57 (1), with the exception of the right to claim the authorship of the work.
WHY ANYONE REQUIRES A COPYRIGHT?
When we create an original work, copyright is automatically obtained. The question arises now is why do you need to register it?
To answer that, let’s look at an illustration.
Suppose (A) made a painting after finishing work. Put in day and night and a lot of sweat and effort. Then he posted it on his web portal so that others can also see. After a few months, A observed that someone else had copied it and was making money from it. Of course, he sued the person in court. Now that he was copyrighted, he could use it as evidence in court, showing that it was his painting and that the infringer should be punished.
From this illustration, we can see that registered copyrights protect your work and prevent others from using it for their own benefit.
Let’s discuss some of the benefits of copyright registration for your work:
• Copyright registration generates a general record. It lets the world know that your work is copyrighted and also allows someone who wants to license your work to find it.
•Allows you to file a lawsuit and take legal action against someone who violates your copyright, for example, by selling copies of your work without your permission.
•It gives you financial advantages because you can use your work in a number of ways, such as B. for copies, public performances, publication of your work, etc. So, it rewards you for your creativity.
•Allows you to sell or transfer the rights to your work.
•Allows you to obtain legal evidence of your property. So, if someone stop you from using your work, you can use your copyright to show that it is your work and that you have the right to use it.
• Allows you to change the shape of your work. For example, you can create a sequel, revise or update the work.
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WHO CAN RECORD WORK WITH THE COPYRIGHT REGISTRAR?
When you used your wits and talent to paint a new picture. Can everyone get the copyright of it? Of course not. Let’s see who has the right to get the copyright to your work.
The following persons have the right to apply for a copyright
The Author- The Author of the work is
Either any person who actually created the work, or if it was done as part of the employment relationship, then the employer. This is appraised “ commissioned work ”. This Author is legally entitled to acquire the copyright in his work. Exclusive Rights Copyright law can give a person the exclusive right to control, use, and distribute an original work. These rights include the right to mimeograph or to make copies of the said original work, the right of distributing the copies of the work, the right to publish the exhibition of the work, the right to perform the work, and also the right to modify the work and make derivatives the work original. The occupant of such exclusive rights can apply to have their entitlement registered in the workplace.
The Author or any person or organization who has acquired the Author’s property rights by a written contract, etc. The Agent This refers to any person authorized to act on behalf of the Author or the copyright applicant or the owner of a copyright the right to register a copyright, as copyright recognizes creativity and understands that age cannot be a limitation on creativity. In the event that the work is created by two or more people, the creators of the work are co-owners unless otherwise agreed.
IMPORTANT DOCUMENTS FOR REGISTERING A COPYRIGHT
Before we discuss the registration process, you need to follow if you want to register your work under the Indian Copyright Act 1957, we need to review the documents required for smooth Registration.
The main requirements for different types of work are generally:
• 3 copies of the work when the work is published;
• If the said work is not published, then 2 copies of the manuscripts;
• If the application is made by a lawyer, then a special power of attorney signed by the lawyer and the party, or Vakalatnama;
• Work permit if the work is not the applicant’s work;
• Information on the title and language of the work;
• Information on the applicant’s name, address, and nationality
• The applicant must also provide his mobile phone number and e-mail address;
• If the applicant who is not an Author, a document containing the details like name, address, and nationality of the Author and, if the Author is deceased, the date of death;
• If the work is to be used in a product, a certificate of objection from the Trademark Office is not required
PROCESS OF REGISTRATION OF COPYRIGHT
Now that we know who has the right to obtain a copyright and what essential documents are required for Registration let’s see how to register your original work with the Copyright Register under Section (10) of the Copyright Act.
India Copyright Rules of 1957 and Rule 70 of the Copyright Rules of 2013. Following are the steps for Registration:
Step 1: Submission of an application –
In the first step:
• The Author of the work, the copyright claimant, the owner of an exclusive right in work, or the Agent submits an application either physically to the Copyright Office or by registered / express mail or through the electronic filing service available on the website’s official website (copyright.gov.in).
• For the Registration of each job, a separate application with the job details must be submitted to the registrar. In addition, the required tariff should also be specified. Different types of work have different tariffs. For instance, to obtain the copyright to a registered artistic work, the application fee is INR 500, while for purchasing the copyright of a registered film, it is INR 5000. Application fees vary between INR 5,000 and INR 40,000 (DD) or India Postal Money Order (IPO) addressed to the Registrar of Copyright (RoC) Payable in New Delhi or via an electronic payment service. At the end of these steps, the registrar creates a diary. From number to the applicant.
Step 2: The next step is to check the copyright registration.
After the dairy number has been issued, there is a waiting period of at least 30 days. During the period, the copyright examiner checks the application. This waiting period exists so that objections can be raised and examined.
The procedure is divided into two sections:
• If no objections are raised, the examiner checks the Registration and checks for any discrepancies. If there is no error and all essential documents and information are attached to the application, it is a case of zero discrepancies. In this case, the applicant can proceed to the next step. In the event of discrepancies, a letter of discrepancy will be sent to the applicant. The registrar will conduct a hearing based on your response. Once the discrepancy is resolved, the applicant can move on to the next step.
• If someone objects to the applicant, letters will be sent to both parties, and the registrar will call them to hear them. After hearing in the event that the objection is rejected, the application will be examined, and the above-mentioned objection procedure will be carried out.
If the objection is not clarified or the discrepancy is not resolved, the application will be rejected, and a letter of inquiry will be sent. For the applicant, the copyright registration process ends here.
Step 3: Registration
The final step in this process can be referred to as Registration. In this step, the registrar can request further documents. As soon as he is completely satisfied with the copyright claim. Copyright held by the applicant, the copyright registrar, would enter the copyright details into the copyright register and issue a registration certificate.
The copyright registration process is complete when the applicant receives the extracts from the Copyright Register (ROC). Usually, the time period for consumption in this process in between 12 to 18 months.
CHARGES OF APPLICATION FOR REGISTRATION
The fees to be paid to the Copyright Registrar along with a mandatory application to register the copyright of a work are as follows:
• for literary, drama, sound or artist works – 500 rupees per work;
• for literary or artistic works used in connection with a product: 2,000 rupees per work;
• for a film: 5,000 rupees per work; and
• for a sound recording – Rs 2000 each. For what duration does copyright protection last?
The duration of the copyright depends on the type of work:
• literary, dramatic, musical, or artistic work – throughout the life of the Author and 60 years from the very beginning of the year after the year in which the Author dies.
• anonymous or pseudonymous work – 60 years from the very beginning of the year following the year in which the work is published;
•posthumous works: 60 years from the beginning of the year following the year of first publication;
• Motion picture, government work, work of a public company, or work of an international organization: 60 years from the beginning of the year following the year of first publication.
• Reproduction rights of the transmission: 25 years from the beginning of the year following the year in which the transmission takes place; and
• Performers’ rights: 50 years from the beginning of the year following that in which the performance is performed.
IS IT NECESSARY TO RENEW THE COPYRIGHT REGULATIONS?
No. which is necessary for the existence of the copyright in work during its entire term.
CONCLUSION
Copyright is nothing but a form of Intellectual property protection granted under Indian law which protects the expression of one person’s idea, not the idea themselves. There are certain rights in Section (14) of The Copyrights Act, 1957, which can only be exercised by the copyright owner. The Author, owner of the original work, can seek legal remedy under various provisions provided by the Judicial system if his copyright is being infringed. Any person or company can register its copyrights with the registrar. Proper documents are required, and minimal charges are applied.
For more information, please contact us on info@trijuris.com or call us Mb. No. 85100 58386 or 9310 717274.
REFERENCES
1- The Copyright Act, 1957
2- Copyright Rules, 2013
3- Work Manuals- Copyright Office, Government of India
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