Copyrights Registration

Rights of Copyright Owners

Before addressing the remedies for infringement, it is critical to comprehend the rights that a copyright owner holds. Owners of valid copyrights are entitled to:

• Publicly display the work that has been published
• Create the piece in a tangible medium
• Any translation of the work should not be created, replicated, performed, or published
• Create any necessary adaptations and distribute the content via broadcast, radio, or cable

The first author of the work has the following exclusive rights:

• Duplicate the work
• Create a derivative using the source material
• Publicly perform the work after it has been distributed
• Showcase the artwork in a professional context
• Seek redress if a work's copyright is being used without permission.

Apart from this the following rights belong to a copyright owner, and only they have the authority to transfer them to another party:

• No one may duplicate or reproduce a work that is protected by copyright in india, in whole or in part, without the owner's permission
• The creator has the sole right to adapt and use their work however they see fit (e.g., a book into a movie)
• Public communication rights: The sole right to broadcast their original works to the general public
• Owners of artistic and musical works have the sole right to public performances of their creations
• The right of attribution or paternity suggests that the owner or creator may assert sole authorship over their creative production. In other words, they can claim responsibility for it
• The owner has the legal right to sue if their creation is misrepresented or altered without their permission
• Right of distribution: The sole right to make their work available in any format they choose (through selling, reproducing, leasing, lending, renting, or transferring).

What Can Be Protected by Online Copyright Registration?

Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

Nine categories of works are copyrightable:

• Books - Copyright protection in india provides legal protection to the author's literary works. Since everything is altered, transferred, and copied so quickly in our era, the copyright registration process for literary work is crucial. It is used for book publishing and newsletters.
• Software - The IT sector in India is quickly expanding, and it is necessary to protect your unique work or software. Many programmers, coders, and developers get cheated when they come across software that is close to or identical to what they created. The copyright registration in india for software prevents any individual or third-party company from gaining unofficial access to the software.
• Scripts - Script is a written outline for a play, television programme, or film. Copyrighting a creative work—such as a script—prevents individuals from engaging in unauthorised use of your script, such as intentional and accidental copying, publishing, transmitting, exhibiting, distributing, modifying, and displaying other people's original creative expressions.
• Lyrics - When you register a copyright, you have full copyright protection for your song. Copyright protects your lyrics as soon as you write them, even if it's only on a bit of paper. The online copyright registration of lyrics gives the song constructive notice. The melody, lyrics, percussion track on the recording and chord progression in the bridge are all distinct and expressive elements to which the author might claim any of the exclusive rights.
• Websites - Text, tables, computer programmes, compilations, including computer databases; photographs, paintings, diagrams, maps, charts, and plans; and works incorporating music, including graphical notation of such work that may be copyrightable are among the digital assets on the website. You only have copyright rights to the elements of a website that you created as an author.
• Apps - Copyrights can be used to safeguard intellectual property such as computer programs. Early designs of creativity can take on many forms, including software code, graphics, and models used to create mobile applications and other computer software. Copyright registration of software allows a developer to more easily defend his work if it is attempted to be copied. For software copyrights, the code, as well as copies of artwork and audiovisual content, must be included with the application for copyright registration
• Videos - Copyright registration for video serves as clear evidence in any copyright infringement lawsuit you may file copyright online, and it makes collecting damages much easier in such a situation. It's a simple way to establish your video rights. If you actually want to protect your work, copyrighting your videos should be at the top of your priority list.
• Songs - It is important to obtain copyright protection for your song, as it is now easier than ever for others to use your work without giving you the credit you deserve. If you're a new musician, it's even more crucial to think about copyright protection because you might not have the resources to fight if your song is misused/pirated.
• Music - Whether you're attempting to safeguard a song or a symphony, the first step is to get the music down in some tangible format, such as recording or writing on music staff paper. It can be difficult to assert your rights in a copyright infringement claim if you do not have recognised copyright in india for your music. And as a musician with registered copyright for your work, you have a lot of exclusive rights.

Scope of Registration of Copyright and Protection

Copyright registration provides legal protection to original works of authorship, including literary, artistic, musical, and other intellectual creations. The exclusive right to reproduce, distribute, perform, display, and develop works based on the original work is covered by copyright protection. Copyright registration is not mandatory in India, but it provides significant benefits to the copyright owner in terms of legal recognition, protection, and enforcement of their rights.

Documents Required for Copyright Registration in India

Documents required for copyright registration in india is listed below

Personal details:

• Name, address, and nationality of the applicant
• Name, address, and nationality of the author of the work
• Nature of the applicant’s interest in the copyright - whether the applicant is the author of the work or the representative of the author
• Copies of the original work
• ID proof of the owner and incorporation certificate if it is for business

Nature of the work:

• Class & description of the work
• Title of the work
• Language of the work
• Date of publication - publication in internal magazines, like a company magazine or a research paper submitted to a professor does not count as publication.

Documents:

• Three copies of your work
• Authorisation letter (we will send you)

Copyright Registration Process

The copyright registration process in India is fairly simple and affordable. Here are the steps involved

• Fill out the application form: The first step is to fill out the application form, which can be done online or downloaded from the Copyright Office website.
• Submit the required documents: Along with the completed application form, you will need to submit a copy of the work being copyright protected and the registration fee.
• Wait for the registrar’s office to process your application: Once received, the registrar’s office will review your application and determine whether it meets all the requirements for copyright protection.
• Receive your certificate of registration: If your application is approved, you will receive a certificate of registration that serves as official proof of your copyright claim.

Different Status of Copyright Registration Process

The various copyright registration procedure statuses are as follows:

• Waiting: The phrase ‘Waiting’ indicates that a mandatory waiting period is in place for the application for copyright registration.
• Formality Check Failed: If the Documents aren't received after payment, it's considered a ‘Formality Check Failed’.
• Abandoned: The term ‘Abandoned’ denotes the absence of documentation following the application filing.
• Scrutiny: The word ‘Scrutiny’ means that the copyright registration application is still being reviewed.
• Re-Scrutiny: The phrase ‘Re-Scrutiny’ indicates that a copyright registration application is currently undergoing another review.
• Hearing: The hearing on the objection is referred to as a ‘hearing’.

How to Check Copyright Status in India?

The following procedures must be taken in order to check the status of a copyright registration:

• Step 1: The candidate must first go to the official website
• Step 2: After you log in, the website's main page will show up on your computer screen. The ‘Status of Application’ button is located in the Online Services section, which is on the left
• Step 3: Enter your ‘Diary Number’ and then click the ‘View Status’ button after hitting the button
• Step 4: Only you will be able to view the status of a trademark application after selecting the ‘View Status’ button.

Benefits of Copyright Registration In India

A public record of ownership

When a work is copyrighted, it is registered on a public record, thereby establishing ownership.

Copyright infringement

In the case of copyright infringement, the authors can sue infringers to secure their work and claim statutory compensation.

Prevents importing of duplicates

The owners can record the registration with the Indian customs and prevent importing duplicate copies of the work.

Commercial use of by-products

Have control over by-products or derivatives created from the original registered work for commercial purposes.

Transfer of copyright

The rights can be passed or sold to a third party by the original copyright holder.

Ensures protection

Copyright protection enables the owners to exhibit their work without the fear that it will be replicated without authorisation.

Copyright Protection Validity

The length of a work's copyright varies depending on a number of circumstances, such as whether it has been published and, if so, when. For works created after 1 January 1978, copyright protection typically lasts for the author's entire life plus an additional 70 years. The copyright in india is valid for anonymous, pseudonymous, or work created for hire for 95 years following the year of the work's initial publication or for 120 years following the year of creation, whichever comes first.

The registration of works produced on or after 1 January 1978, does not need to be renewed. After 28 years, renewal registration for works published or registered prior to 1 January 1978, is optional, but it does offer some legal benefits. You can easily reach out to our experts from finxurance to complete the copyright registration process without any delays.

Define Original Work

An original work is a creation that is the product of an individual's intellectual effort and is not copied from any existing work. In the context of copyright laws, an original work is one that is eligible for copyright protection, such as literary works, musical compositions, artistic creations, software code, and other intellectual creations. The work must be original and fixed in a physical medium of expression, such a book, recording, or computer programme, in order to be eligible for copyright protection. The originality of the work is determined by the amount of creativity involved in its creation, rather than the novelty or uniqueness of the idea.

Copyright Objection

Copyright objection refers to the process of challenging the validity of a copyright registration or the alleged infringement of an existing copyright. If a person believes that their copyrighted work has been used without their permission or that someone else has registered a copyright over their work, they can file an objection in a court of law. In India, the Copyright Act, 1957 governs copyright laws and provides the necessary legal framework to resolve copyright objections.

Lawful Use of Copyrighted Work Without Permission

The Copyright Act, 1957 provides certain exceptions to copyright infringement for lawful use of copyrighted work without permission from the copyright owner. Fair use for research, private study, criticism, reviews, or news reporting are among these exclusions. Other exceptions include use for educational purposes, religious ceremonies, and public performances, among others. However, the use of copyrighted work without permission is subject to certain limitations, and it is important to ensure that the use falls within the scope of these exceptions.

Different Forms of Copyright Infringement

In the modern world, copyright infringement has become a significant problem. When someone replicates another creator's work, whether on purpose or accidentally, it is considered to be an infringement. Primary infringement and secondary infringement are the two categories into which infringement is typically divided. In case of Copyrighting infringement you can easily send a legal notice from finxurance.

What Is the Purpose of a Copyright Registrar?

The primary function of the copyright registrar is that of an office of record, where copyright claims are filed and papers pertaining to copyright are kept on file. The objective is to provide information regarding the provisions of the copyright law and the registration process, to describe the workings and processes of the copyright office, and to report on information discovered in the office's public records.

Effect of Copyright Registration

The goal of enacting the clause was not to make registration obligatory or essential in order to enforce copyright. That gave the choice. So, in order to obtain the rights granted by a copyright, an author was not required to register it under Section 44.

The documentation demonstrates that the person depicted is the real creator of the artistic creation. The presumption is not conclusive, but in the absence of opposing evidence, it is not essential to provide additional evidence to demonstrate that the copyright belonged to the person identified in the register. According to Section 48 of the Copyright Act, the registration of copyright shall be prima facie evidence of the particulars entered there.

Documents that have been certified by the registrar of copyright and sealed with the copyright office seal, purporting to be copies of the register, are admissible in evidence in all courts without further justification or the submission of the original. If the legislature were to make the registration requirement compulsory, the Section 44's language would have been altered. No clause in the Act prevents an author from exercising the rights granted by this Act because the copyright has not been registered.

The only impact of registration is that it serves as prima facie evidence of the information placed in the register, as stated in Section 48. Nothing in the Act's provisions, either individually or collectively, suggests that registration is a prerequisite for the continuation of copyright, its acquisition or ownership, or remedies for copyright infringement.

The certificate of registration issued under the Copyright Act merely serves as a preliminary confirmation that the data stated therein has been entered into the Copyright Register. According to the law, just because something is listed in the copyright register does not mean that it is necessarily and legitimately a subject matter that is protected by copyright.

This is true because the application of skill and labour to any work that originates from its author is a requirement for the existence of copyright, and copyright cannot be asserted over a work unless the original work to which the author has applied skill and labour is produced in court to establish the work's provenance.

Copyright exists whether or not it is registered, and the registration is only a piece of documentation showing when a certain author began asserting copyright in the creative or other work. Copyright exists whether or not registration is completed; registration does not grant any rights. The idea that copyright belongs to the person who created this work in the first place is emphasised by the definition of ‘Author’ and Section 17 of the United States Code. When the identity of the original creator cannot be established with certainty, the person who registered the work first is taken to be the author or original creator.

Fee Structure for Copyright Registration

Effect of Copyright Registration