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Copyright Registration | Intellectual Property Rights Service

Define / About 

 

Copyright is a legal term coined to explain a proprietor having legal ownership of his/her products. Inclusive of this legal ownership; besides, the owner also has exclusive legal rights of the property and can give authorization for the same to an external party. The owner can share his work or may charge for it. Owning an intellectual property is complex as it deals with an intangible side of things. Your work’s creativity is more prone to be replicated and sold for earning profits if the original owner hasn’t copyrighted it. In today’s day and age, there is a need to protect all intellectual property to avoid misuse of property.

Things Protected The several types of intellectual property the owner may want to safeguard can be literary, dramatic, art, cinematographic work, work of government organization, or some international organization.

 

Basic Requirements for Copyright Registration The inventor signing up for the copyright process will be required to give his/her name, home address, and nationality. The candidate must mention the purpose of copyright, i.e., if the work is a candidate’s original work or he/she is representing the author of the task given. The candidate must submit a copy of the work in some format such as gif, jpeg, or it may be saved and sent in CDs or DVDs according to the nature of the applicant’s work.

Why Copyright Registration?

  • Copyright protection will give legal ownership to the inventor for his/her intellectual property.
  • Having copyright ownership makes copying of intellectual work impossible and illegal acts. Hence, it is a more secure step taken in the protection of inventors’ property. This way, re-implementation or reproduction of the feature of copyrighted property becomes illegal without the owner granting the same rights.
  • Copyright protection enables the holder of the copyright to take legal action against infringers in a court.
  • Copyright property owners attain goodwill or recognition over their products in the market. It helps create the right brand image in the mind of their consumers.
  • In case of infringement of the copyrighted property, legal action can be taken against the violator.

Documents Required for Copyright Registration

  1. ID proof of the Name, the Address and the Nationality of the Applicant for copyright services
  2. NOC from the publisher if work published and publisher is different from the applicant. Suppose a different publisher is representing the work of the original property owner. A no-objection certificate from the original owner of the property is mandatory to be produced/submitted.
  3. Search Certificate from Trade Mark Office (TM -60) if any
  4. NOC from a person whose photograph appears on the work.
  5. Power of Attorney
  6. According to the nature of the work, 2 Copies of the same are to be submitted.
  7. KYC of author

Legal Rights in Copyright – 

 

Rights of the copyright owner
Under the Indian Copyright Act 1957, copyright protects the creator’s social, economic, and legal interests.

 

Right of Reproduction
The Copyright Act makes it compulsory that no person is eligible for making replicated copies of the said work. Making copies of or reproducing a protected work without permission from the copyright owner is deemed illegal.

 

Right of Adaptation
The copyrighted content owner has the sole rights and can produce new work from the existing one in any nature or form required.

 

Right of Distribution
The copyright holder may share his work in any form by reproducing, selling, renting, leasing, or lending. The owner is also eligible for giving certain rights to another person to either use partly or wholly the same copyrighted work under some terms and conditions.

 

Right of Paternity And Integrity
This law allows the moral rights of paternity and integrity to the authors. The right of paternity means that the creator can control production over his work and have it connected to him. If an external entity wants to reproduce or change the original work, they must provide the due credit to the author, the author has the right to take the actions against the maker. For example, if a person wants to use a soundtrack of an album in this movie, he/she must adequately acknowledge the creator and give them credit for the same. The right of integrity defends the authority of the owner. It lets him/her claim losses when someone damages, changes, or reconstructs his craft, creating controversy for his reputation and work.

Advantages of Copyright Registration

Legal ownership and exclusive rights: Getting copyrights for your intellectual property will help you gain legal and proprietary rights over your property.

Brand image in the business: It would help the client to gain more recognition and boost their brand image. 

Better recognition of work: It gives the creator a sense of originality in his work and verification that the work produced is unique.

 

Restricts unauthorized possession: It would express that your copyrighted work has a good value and needs protection for the same. Any unauthorized party or person would not be able to replicate your work.

Procedure
Step 1:
The copyright registration application has to be filed in the concerned forms with the Copyright Registrar, mentioning the work’s particulars. An application has to be registered for copyright registration. The applicant is required to submit the particular of his work done along with the concerned forms. According to your work nature, different copyright applications will be required to be provided by the applicant. Our professionals will enquire about some necessary details regarding your work. If the work is unpublished, the applicant will need to submit two manuscripts of the same. 

Depending on the type of work, separate copyright applications may have 

Step 2: Secondly, the applicant is requested to send the forms with their signature on them. The form further will get submitted by their advocate under whose name Power of Attorney has been executed. After this, a copyright application will get prepared by our professionals to be sent to the Registrar of Copyrights electronically.

Step 3: After the successful submission, the applicant will receive a diary number once the application is submitted online, you will be issued the Diary number which is issued to the register in respect with the application for copyright application.

Step 4 There is a waiting period of 30 days in which the copyright examiner reviews the application for possible discrepancies. If there are any discrepancies, the examiner will send a letter to both parties mentioning the same. After the hearing, the examiner concludes whether to approve or decline the application. The same needs to have accumulated within 30 days from the date of issuance of the notice.

 

Step 5 After all the concerns have been removed or there are no discrepancies or objections Prwith the application, the copyright is registered, and a Registration Certificate is issued.

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