Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ has also to be supplied along with the application for registration of copyright for software products.
The Copyright Law in India at present is governed by the Copyright Act, 1957 (As amended in 2012) alongwith the Copyright Rules, 2013. The Copyright Act today is compliant with most international conventions and treaties in the field of copyrights.
Copyright Registration helps in protecting the creative work such as music, books, manuscripts, software’s, films, fashion designs, website etc from being copied and used for commercial purposes without the creators prior permission. Copyrights operates against unauthorized copying, the taking of another’s creation, without paying for it.
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
Both published and unpublished works can be registered. Copyright comes into existence as soon as a work is created and registration is not mandatory for acquiring copyright protection. However, certificate of registration of copyright serve as prima facie evidence in a court of law in case of dispute.
How to file copyright application in India- A Step by Step process of Copyright Application in India is given below with images-
Step by Step Procedure for Copyright Registration:
(i) APPLICATION PROCESS-
Any individual who is an author or rights owner or assignee or legal heir can file application for copyright of a work either by e-filing facility or by speed post.
With effect from August 01, 2014, the physical Copyright Counter for filing copyright applications has been closed in order to popularise the online filing.
Online Filing Process:
Stage 1- Applicant need to create an User ID at http://copyright.gov.in/UserRegistration/frmNewUser.aspx by filling basic details.
Stage 2- After successful registration, browse http://copyright.gov.in/UserRegistration/frmLoginPage.aspx and Log In with
Stage 3- Now you are Logged In, click on “e-Filing of Application” in left menu. You will see screen as below-
Stage 4- Click on the link “Click here for online Copyright Registration”
Stage 5- The online “Copyright Registration Form” is to be filled-up in four steps-
a. Complete the Form XIV, then press SAVE button. Now click Step 2 to move to the Next Step.
b. Fill-up the Statement of Particulars, then press SAVE button and press Step 3 to move to the Next Step.
c. In Step 3, fill-up the Statement of Further particulars and then press SAVE button to Save entered details, press Step 4 to move to Step 4.
d. Make the payment through Debit Card/ Credit Card/ Net Banking or Postal Order or Demand Draft.
After successful submission of the form, Diary Number will be generated. Take printout of “Acknowledgement Slip” and “Copyright Registration Report.”
Offline Filing Process:
a) Application for registration is to be made on Form XIV. Form can be downloaded from here- http://copyright.gov.in/frmformsDownload.aspx
b) Separate applications should be made for registration of each work.
c) Each application should be accompanied by the requisite fee.
d) The applications should be signed by the applicant or the advocate in whose favor a Power of Attorney has been executed. The Power of Attorney should also be enclosed.
e) Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.
Send the documents by post to Copyright Division, Department of Higher Education, Ministry of Human Resource Development, 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi : 110001
(ii) APPROVAL PROCESS:
After you file your application and receive diary number you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim that particular work is created by you. If such objection is filed it may take another one month time to decide as to whether the work could be registered by the Registrar of Copyrights after giving an opportunity of hearing the matter from both the parties.
If no objection is filed the application goes for scrutiny from the examiners. If any discrepancy is found the applicant is given 30 days time to remove the same. Therefore, it may take 2 to 3 months time for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key for speedy disposal the matter.
As per the Principles of Natural Justice’, no one can be punished without being heard. As per the rule 27 of the Copyright Rules, 1958 no application is rejected without giving an opportunity to be heard. The applicant himself or his/her pleader may appear in the hearing.
As per section 72 of the Copyright Act, 1957 any person aggrieved by the final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Copyright Board.
(iii) LIST OF DOCUMENTS REQUIRED:
List of Documents required to be submitted by Post along with application form. Refer to the document list based on Type of Work. Click here for list- http://copyright.gov.in/Documents/Check_List-WorkWise.pdf
(iv) REQUISITE FEE:
Fee can by paid either through Online mode or Postal Order or Demand Draft. List of Documents required to be submitted by Hand/ By Post along with application form. Please refer to the document listed below for fee details-
Workflow of Registration Process:
[All Images: http://copyright.gov.in]
[For Further Information or Professional Advice, contact Rahul Vats at firstname.lastname@example.org]