Copyright Registration Procedure

Copyright is a legal rights over the original work belonging to an individual. It is secured by the form of a medium to allow the owner of copyright only reproduce and distribute, perform and exhibit the work.

The original creator and the person who obtained rights to the work can register a copyright on the same. In a nod to taking a cue from the English Copyright Act of 1911 the first Copyright Act in India was promulgated in the year 1914. After India gained independence in 1957, India was able to become independent. Copyright Act of 1957 was promulgated and has seen changes being added to it at least six times, the latest one being in 2012.

What Is a Copyright?

It is defined as the right to property over the original work of an individual. copyright is secured by physical media of expression which allows the owner to only reproduce and distribute, perform and exhibit the copyrighted piece. The work can be any work that falls under the categories of literature, music photography, art, film, cinema, computer program. As opposed to the concept of a trademark copyright is merely one symbol, i.e., (c). The symbol is able to be put on the original work created.

Who Can Register a Copyright?

The creator of the work and the person who has obtained rights to the original work can register for the copyright.

It’ll be called ‘work made for hire’ if the said piece was created during the time of the employment. In such a case, the employee is not considered the author or creator of the work. That title goes to the employer.

If the work was developed by two individuals who are co-owners of the copyright, unless the individuals involved want to change it.

No age restriction for getting copyright. Minors can apply for copyright as well.

If we had to narrow it down to three basic sets of people who can apply for a copyright, they would be:

 

1.      The creator of the work

2.      Any person claiming to have obtained the ownership rights from the creator of the original work

3.      An agent who has been authorized to act on behalf of the aforementioned people

 

What Does a Copyright Protect?

It is a type that is part of the law on intellectual property that protects original works in the law of literature, music and photography film, cinema as well as a computer program. The copyright covers the majority of the works accessible in tangible form, for example, the lyrics of a song music, tunes, pictures of graphics, sculptures or piece of architecture sound recordings, dance choreographed work including parodies, signatures and other works. These must be seen with greater depth in order to understand detailed information.

What Is Not Protected by Copyright?

There are many kinds of work that don't meet the criteria for copyright:

The works which aren't able to be put into the form of a tangible object, such as recordings of unrecorded work, performances of improvisational nature or any other performance that hasn't been recorded or written. Work includes titles name, phrases and slogans; images and designs popular with other designs; basic typographic finery, letters using color techniques and lists of ingredients or content. Concepts, systems, or procedures are distinct from the description or explanation, or illustration. In addition, figures and facts that are not generic can't be registered as copyright. They could include typical calendars, charts with weight and height, information taken from public documents, and other similar documents.

What Are the Rights of the Copyright Owner?

The copyright gives complete and exclusive rights to the owner of the work that:

·         The owner can choose to reproduce the work and/or authorize someone else to do it

·         Any derivative work that comes from the original work is carried out by the owner of the copyright or the authorized person

·         The owner can also distribute copies of his/her work to the public in any form, i.e., sale or transfer of ownership, rent the work, lease the work, etc.

·         Any of the copyrighted work can be performed and displayed readily in public 

·         These rights hold across all platforms, be it literature, music, drama, choreography, cinema, films, audiovisual works.

 

Steps for Copyright Registration

Step 1: Filing the Application

Along with the fee, the application has to be made in the form of DD/IPO. After this application is submitted the diary number will be issued for the person who submitted it.

Step 2: Examination

The minimum period of 30 days to record and analysing any objections that could arise in opposition to the application for copyright.

 

1. In case of no objection

The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:

 

In case of the discrepancy found during scrutiny:

A letter of discrepancy delivered to applicant. Based on the response from an applicant holds an inquiry into the alleged discrepancy.

After the differences are sorted out during the hearing the documents of the hearing are given to the applicant to enable him or her to apply for the copyright.

2. In case of zero discrepancies:

This implies that the application for copyright meets all the requirements for a copyright. The applicant will then be given the approval to proceed with the registration of this copyright.

(If the registration was not accepted, the applicant received a rejection letter of rejection)

In case of an objection filed

In addition to the possible scenarios for "no objections," when one is confronted by an objection The following steps take place:

Authorities mail letters to the two affected parties, hoping to persuade them to work privately to settle the dispute privately.

After receiving the necessary responses to the third-party the Registrar holds an hearing.

Based on whether the Registrar agrees with the reply The procedure will then proceed to be carried out as explained.

3. If the application is accepted

Acceptance of the application signifies that the objection is dismissed. The application will be subject to scrutiny of an examiner. The scrutiny can lead to three scenarios:

In case of the discrepancy found during scrutiny:

A notice of discrepancy is addressed to the person who is applying. Based on the reply of the person who requested the letter, the Registrar holds an investigation into the claimed discrepancy.

When the differences are ironed out in the hearing, the transcripts of the hearing are given to the applicant for registration of the copyright.

In case of zero discrepancies:

This implies that the application for copyright meets all requirements required for the copyright. The applicant will then be given permission to proceed with the registration process. (If the registration isn't approved, the applicant is issued a letter of rejection)

If the application is rejected

In case this happens, then the applicant receives a rejection letter that marks the end of the copyright procedure

Step 3: Registration

As you can see from the steps above, registration only depends of the person who registers. Once all paperwork is cleared from the registrar's side the applicant is granted the copyright, and can legally exercise the rights associated with being the owner of the copyright.

Copyright is one of the forms legal protection for intellectual properties. Copyright is registered in order to safeguard the original work of art like literature, music, art film, cinema, photography or even a computer software. There are specific categories that are able to be registered for copyright registration by the creators. This grants all rights and exclusive rights to the author of work.