Copyright Registration in India
As per the law, the copyright law is governed by the ‘Indian Copyrights Act, 1957’. Specifically, the term ‘Copyright’ is a form of intellectual property protection under the law. Moreover, the government grants the rights to the original work creators. For example Computer software, art pieces, writings, songs, etc. In addition, for registration, the work should be original and not copied. Similarly, in this article, we will be discussing Copyright Registration Guideline for Companies and startups. Especially, including the works protected, rights granted, Copyright Registration Fee in India, procedure, validity and infringement as per the law.
Works protected under the Copyrights
To begin with, the Copyright Registration Guideline can be complete only with the inclusion of the works protected under ‘Indian Copyright Act, 1957’. Hence, Copyrights protect only the original work. Copyright Registration in India protects the following works:
- Original Literary Works
- Musical Works
- Artistic Works
- Cinematograph Films
- Sound Recordings
- Dramatic Works
Rights granted to a copyright holder
Usually, copyright grants protection to the creator of original work and his authorized personnel from copying and reproduction of works without their permission. The creator of an original work can permit or restrict anyone to:
- Reproduce the work in the forms such as sound, video or reprinting content
- Use the work for public performance, for example, a play or a musical work
- Broadcast work in any form
- Translate the same to other languages.
Is registration compulsory?
As a matter of fact, the registration of a copyright is not compulsory. However, the certificate of registration of copyright and the entries made therein serve as a prima facie evidence in the court of law.
Where does one register the copyrights?
First of all, the copyrights become valid on the creation of a work. Any special formality is not needed. However, Register of Copyrights holds all the records. Moreover, it is maintained in the copyright office of the department of education. Consequently, these entries serve as prima facie evidence in the court of law.
Copyright office Address
Mainly, the copyright office is situated at New Delhi and is headed by the Registrar of Copyrights.
Procedure for Registering Copyrights
To summarize in 4 simple steps the registration procedure is as below:
- Documentation: Prepare Application / Declaration Form and Statement of Particulars to be filed to register the work with the registrar of copyright.
- Application filing: File the application with two copies of the work along with the prescribed government Copyright Registration Fee in India which ranges from Rs. 500/- to Rs. 5000/- depending upon work.
- Copyright examination: After the receipt of the application, the copyright department waits for around 30 days then issues examination report accepting it or with the objections.
- Objection removal: In case, any departmental objections arise it needs to be removed by a proper reply and personal representation. Resulting in the completion of Copyright Registration.
Moreover, you can visit here to ascertain the required documents for your copyright registration.
Copyright Protection – Validity
However, copyright protection is not permanent. It is for a period of 60 years. Below is the bifurcation based on the type of copyright:
|In the case of original literary, dramatic, artistic, musical works etc.||60 years’ period – from the author’s death.|
|In the case of cinematographic films, sound recordings, video recordings, photographs etc.||60 years’ period – from the date of publication.|
Punishment for infringement of copyright
Generally, the minimum punishment for an infringement of copyright:
- Imprisonment for 6 months
- Fine up to Rs 50,000/-
- Imprisonment and fine
Consequently, minimum punishment in the case of the subsequent offence:
- Imprisonment for 1 year
- Fine up to Rs 1,00,000/-
- Imprisonment and fine
Moreover, we have included maximum information to complete this Copyright Registration Guideline. As a result, we hope this Copyright Registration Process is helpful for you in ascertaining all the requirements. Although, you can visit Taxolawgy Copyright Registration Service in India for more information.