Copyright Registration in India -Complete Process,Fees and Documents

Updated on August 02, 2023 09:53:36 AM

Copyright is a law that provides the legal right to a person to save their work through Registration. Copyright Registration in India is an essential element in protecting the innovation of a creator. This innovation could be anything such as a song, film, book, drama or artwork. Getting Registration helps to safeguard the originator’s intellectual property and provides several financial benefits.

If you also want to safeguard your creation through Copyright, then you can continue reading this article. In this article, we will discuss Copyright and Copyright Registration in India including its procedure, fees and documents requirement.

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What is Copyright?

Copyrightis a legal term that refers to the exclusive rights granted to the creator or owner of an original work. It is a form of intellectual property protection that grants the creator the exclusive right to reproduce, distribute, display, perform, and modify their work. These rights typically apply to various forms of creative expression, such as literary works, music, art, films, software, and more.

What is Copyright Registration in India?

Copyright Registration in India is a legal procedure for protecting a person's innovation or original work. Indian Copyright Act 1957, permits to prevent any creative work through Copyright Registration. The Copyright also provides many exclusive rights and serves as legal proof of ownership.

The Copyright denotes the symbol ©, which mentioned the work is Copyrighted and saves from piracy. However, Copyright Registration in India also provides several benefits such as legal protection, serving as public notice and infringement lawsuits.

Copyright Registration in India covers broad categories of creation or work such as literary work, sound recording, cinematography films, photography, artistic work, computer-generated work and musical work. The duration of the creation's Copyright is for the lifetime of the owner and 60 years plus from his/her death.

Process of Copyright Registration in India

The Complete guidance of the Copyright Registration process in India is given below:

Step 1: Filing the Application

When an individual seeks to prevent his/her creation by Copyright Registration in India, they have to file the application. It is the initial stage of Copyright Registration in India. The applicant also has to pay a suitable cost along with the application. The fee for Copyright Registration in India can be from ₹500 to ₹40,000, depending on the type of work.

Just after filing the application, the Registration office issues a diary number. The diary number is a unique identification that is given to the applicant during the Registration. This number helps in tracking and inquiring about the Registration procedure.

Step 2: Objection Procedure

After getting the Diary number, the applicant has to wait for a 30 days mandatory cooling-off period. In these 30 days, the examiner reviews the application and waits for any objection. Here one who has an issue regarding the similarity or piracy can file an objection and the application will be reviewed. After the waiting period is over two cases can occur such as:

2.1 In Case of Objection:
If a third party objects to a copyright application within 30 days, the process is halted. The examiner notifies both parties and they must respond to the objection. The application remains on hold until the matter is resolved between the applicant and the objecting party.

Just after the reply, a hearing is conducted by the registrar where they both have to submit relatable documents to prove their sides. At this stage if the registrar gets satisfactory evidence the application will be sent for the next procedure otherwise the application will be rejected.

2.2 In Case of No Objection:
If no objection is raised in these 30 days and all the documents are appropriate, the application is sent to the stage for scrutiny and discrepancy check.

Step 3: Examination Process

When the objection period is over the application goes for the examination. During the examination process, the examiner scrutinises and tries to find out discrepancies if any. Here again, two situations may occur these are:

3.1 In Case of Discrepancies:
During the scrutiny by the examiner if any discrepancies occur, a “Discrepancy Letter” is sent to the applicant. “The Letter of Discrepancy” generally outlines the issues that have been found in the requested application.

After receiving the letter, the applicant has to reply on behalf of that and a hearing conducted by the registrar. At the hearing process, if the registrar gets satisfying evidence or reply they send the application to the next step otherwise the application will be rejected.

3.2 In Case of Zero Discrepancy:
If the registrar found no discrepancies and all the documents are appropriate, the application is forwarded to the next step. Where the applica gets their Registration certificate.

Step 4: Registration Certificate

When the application undergoes all the above-mentioned steps then the final stage is Registration. At this stage, the applicant receives the Copyright Register Certificate.

This certificate serves as the legal proof of ownership where the applicant receives all the exclusive rights of the production and distribution of the original work. But if the application is rejected by the registrar so the rejection letter is sent to the applicant.

Documents Required for Copyright Registration in India

Here is the list of some common documents required for Copyright Registration in India:

  • 2 Copies of the Work
  • Demand Draft (in case of Offline Registration)
  • NOC from Author/ Various Copyright holders/ Publisher
  • Power of Attorney (if the application is filed by any attorney)
  • Identity Proof of the applicant (ex- Aadhar card, PAN card, etc)

Note: The documents can be different on the basis of the work material or original creation.

Why Do We Need Copyright Registration in India?

Copyright Registration in India is essential in several aspects such as:

  • Legal Protection: Copyright Registration serves as legal documentation for a specific work, providing legal protection to its creator.
  • Exclusive Rights: Through Copyright Registration, the creator or author secures several exclusive rights to their work. He/She is the only one who can reproduce, distribute, display, and perform his/her creation through Registration.
  • Public Notice: A creator can inform the public that certain work is protected by Copyright law by Copyright Registration. It prevents improper usage or infringement.
  • Infringement Lawsuit: A Copyright Registration is required in order to take legal action against someone who has infringed on a copyrighted work. If you don't register, you have limited privileges.
  • Enhanced Marketability: The main advantage of Copyright Registration is enhanced marketability. It enhances the value of a creator's work and helps to distinguish it from similar works. The original developer might also gain a number of financial advantages through Copyright Registration.

Why Litem Legalis?

Copyright Registration in India is a crucial tool for securing a creator’s creations. There are many chances to face rejection, therefore the applicant must have correct guidance through which the Registration can be done easily. Here the Litem Legalis can be your best choice as an attorney.

Litem Legalis is a team of professional lawyers with years of experience who believe to provide the best service to the customers. If you are also looking to register a Copyright, connect with us for hassle-free and easy Registration.

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Conclusion

Copyright Registration in India is a Lawful process that aids to prevent the legal authority of a creator. Through Copyright Registration in India, the creator can enjoy several benefits such as legal protection, public notice, infringement lawsuits and many more. However, the applicant must be very careful regarding the Registration process.

There are mainly four steps of Copyright Registration in India: filing the application, objection process, examination and Registration. During this process, there are many stages where the applicant may face rejection.

Therefore the applicant must file the appropriate documents and information during the Copyright application filing. The applicant must also consult with the professional, so they can decrease the chances of objection and rejection.

Frequently Asked Questions (FAQs)

What is Copyright Registration in India?

Copyright Registration in India is a Lawful process that aids to prevent the legal authority of the original work of a creator.

What is the cost of Copyright Registration in India?

The cost of Copyright Registration in India varies from ₹500 to ₹40,000 depending on the nature of the work and creation

What documents are required for the Copyright Registration in India?

Two copies of work, Demand Drafts, NOC, PoA and identity proofs are the common documents that are required for Copyright Registration in India. The documents can differ on the basis of the nature of creation or work.

Who is eligible for the Copyright Registration in India?

An author, original owner or authorised agent everyone is eligible for the Copyright Registration in India.

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