Copyright Registration In India: Protecting Your Creative Work

Are you a creative individual or business looking to safeguard your work? Look no further than copyright registration. By securing copyright protection for your creative endeavors, you can establish ownership, protect your rights, and prevent unauthorized use or infringement. Our team of experienced specialists is well-versed in India’s copyright laws.  File a copyright application to protect your creative wo

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Pricing Summary

₹4,999 + Govt Fee
  • Documents Drafting for Copyright Application
  • Copyright Application Filing
  • Issuance of Diary Number for Copyright Application
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Copyright Registration: Overview

What is Copyright Registration?

Copyright registration is the formal process of submitting your creative work to a government agency to receive legal protection. It establishes a public record of your ownership and grants you exclusive rights to reproduce, distribute, display, and perform your work. While copyright protection is automatic upon creation, registration strengthens your legal standing and provides additional advantages if infringements occur.

Copyright Registration Process

Types of Copyright Registration in India

In India, copyright registration encompasses various types of creative works, providing protection and exclusive rights to their creators. Here are the key types of copyright registration:

Literary Works

  • Definition: Includes novels, poems, articles, and other written content.
  • Examples: Books, essays, blog posts, and software programs.

Artistic Works

  • Definition: Covers visual creations and expressions of ideas.
  • Examples: Paintings, drawings, sculptures, photographs, and graphic designs.

Musical Works

  • Definition: Encompasses original compositions and musical arrangements.
  • Examples: Songs, musical scores, and jingles.

Dramatic Works

  • Definition: Protects scripts, plays, and choreography.
  • Examples: Theatrical plays, dance routines, and screenplays.

Cinematograph Films

  • Definition: Includes audio-visual works, combining moving images and sound.
  • Examples: Movies, documentaries, and video content.

Sound Recordings

  • Definition: Protects the recording of sounds.
  • Examples: Recorded music, spoken word recordings.

Broadcasting

  • Definition: Pertains to the transmission of content through radio or television.
  • Examples: Radio and television broadcasts.

Computer Software

  • Definition: Protects original software code and programs.
  • Examples: Applications, operating systems, and databases.

Why is Copyright Registration Important?

1. Protection of Rights

Copyright registration acts as solid evidence that you are the rightful owner of a creative work. It offers legal protection and allows you to take legal action against any infringement on your rights. Without copyright registration, proving ownership can be challenging, making it easier for others to misuse your content.

2. Prevents Unauthorized Use

By registering your copyright, you have legal grounds to prevent others from using your work without permission. It allows you to maintain control over how your work is used, ensuring that you receive appropriate recognition and compensation for your efforts.

3. Global Protection

Copyright registration in India provides protection not only within the country but also in various countries that are a part of international copyright agreements. This means you can establish a solid foundation for your creative works on a global scale.

Fees for Copyright Registration

Professional Fee for Copyright Registration

₹ 4,999/-
  • Documents Drafting for Copyright Application
  • Filing of Copyright Application
  • Issuance of Diary Number for Copyright Application
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(Govt Fee will be on actual Basis)

Govt Fee for Copyright Registration in India

Perticular

Amount (INR)

Literary, Dramatic, Musical or Artistic work

500/-

Literary, Dramatic, Musical or Artistic work

2000/-

Cinematograph Film

5000/-

Sound Recording

2000/-

Documents Required for Copyright Registration

The documents required for copyright registration vary depending on the type of work being registered. However, some general requirements include:

Common Documents for All Copyright work

  • Completed Form XIV: This form contains information about the applicant, the work, and the nature of the applicant’s interest in the work.
  • Two copies of the work: For unpublished works, two copies of the entire work must be submitted. For published works, two copies of the best edition of the work must be submitted.
  • No objection certificate (NOC): If the author is not the applicant, an NOC from the author is required. If the work is published, an NOC from the publisher is also required.

Additional Documents for specific Copyright

  • Artistic works: A soft copy of the work in PDF/JPG format is required.
  • Sound recording works: A soft copy of the work in MP3 format is required.
  • Literary/dramatic, music, and software works: A soft copy of the work in PDF format is required. For software, a PDF containing at least the first ten and last ten pages of the source code, or the entire source code if under 20 pages, with no redacted or blocked-out sections is required.

The Process of Copyright Registration

Step 1: Determine Eligible Works

Before diving into the copyright registration process, it’s crucial to understand which works are eligible for protection. Copyright laws typically cover various forms of artistic expression, including:

  1. Literary works (books, articles, poetry, etc.)
  2. Musical compositions and sound recordings
  3. Visual arts (paintings, sculptures, photographs, etc.)
  4. Architectural designs
  5. Choreographic works
  6. Cinematic and audiovisual works
  7. Software and digital creations

Step 2: Prepare Your Application

Once you have identified your eligible work, the next step is to prepare your copyright registration application. This involves gathering the necessary documentation, including:

  1. A completed application form
  2. The required filing fee
  3. A copy of the work being registered (if feasible)
  4. For published works, two copies of the material
  5. For unpublished works, one copy of the material
  6. NOC (No Objection Certificate): If the author is different from the applicant, obtain a No Objection Certificate.

Step 3: Submit Your Application

Once the application is prepared, you can choose to submit it online through the Copyright Office’s official website or physically through the Copyright Office.

Step 4: Review and Examination

After submission, the Copyright Office reviews your application for completeness and examines whether all requirements are met. If any discrepancies are found, they may request additional information.

Step 5: Issuance of Copyright Certificate

If your application is approved, the Copyright Office will issue a copyright registration certificate. This certificate serves as proof of your copyright ownership and can be used in any legal proceedings.

Validity of Copyright Registration

  • Literary, Musical, or Artistic Work: The lifetime of the author plus 60 years.
  • Cinematograph Films: The lifetime of the last surviving author plus 60 years.
  • Photographs: 60 years from the date of publication.

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FAQ on Copyright Registration

Copyright registration is the process of registering a work with the Copyright Office of India. This registration provides the copyright owner with certain legal rights, such as the exclusive right to reproduce, distribute, perform, display, and create derivative works based on the work.

There are several benefits to copyright registration, including:

  • Prima facie evidence of ownership: A copyright registration certificate is considered prima facie evidence of ownership of the work in a court of law. This means that the copyright owner does not have to prove that they are the owner of the work; the burden of proof is on the person who is alleging infringement.

  • Enhanced remedies: Copyright owners have access to additional remedies, such as statutory damages and attorney’s fees, if their work is infringed.

  • Public notice: Copyright registration puts the public on notice that the work is copyrighted. This can help to deter infringement.

  • International protection: Copyright registration in India can help to protect the work in other countries that are members of the Berne Convention for the Protection of Literary and Artistic Works.

A wide variety of works can be registered for copyright protection, including literary works, artistic works, musical works, cinematograph films, sound recordings, and software.

A wide variety of works can be registered for copyright protection, including literary works, artistic works, musical works, cinematograph films, sound recordings, and software.

The requirements for copyright registration vary depending on the type of work being registered. However, some general requirements include:

  • The work must be original: The work must be the author’s own original creation, and it must not be substantially similar to any pre-existing work.
  • The work must be fixed in a tangible medium: The work must be fixed in a tangible medium, such as paper, film, or magnetic tape.
  • The author must be eligible for copyright protection: The author of the work must be an Indian citizen, a permanent resident of India, or a citizen of a country that provides reciprocal copyright protection to Indian citizens.

Copyright applications can be filed online or in person at the Copyright Office of India. The application must include the following information:

  • The name and address of the applicant
  • The title of the work
  • The nature of the work
  • The date of creation of the work
  • The name and address of the author
  • Two copies of the work (for unpublished works)

The cost of copyright registration varies depending on the type of work being registered. However, the fees are generally very low. For example, the fee for registering a literary work is INR 500.

The Copyright Office of India generally takes about three to six months to process a copyright application.

Copyright protection is automatic in India. This means that you do not need to register your copyright to protect it. However, registration does provide you with certain legal benefits, as discussed above.

If you think your copyright has been infringed, you should first contact the person who is allegedly infringing your work. If you are unable to resolve the dispute with the person directly, you may need to take legal action.

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