Introduction
A product that is considered creative and which takes a lot of mental effort to create is considered intellectual property and needs to be protected from unlawful replication which is a legal privilege granted to the inventor. Section 13 of the Copyright Act, of 1957 talks about the following work:- Computer programs, works of art, literature, designs, artistic lyrics and compositions, books, films, innovative architectural designs, website material, etc. are examples of unique inventions. Copyright is one measure that can be taken to legally preserve an original creation. As per World Intellectual Property Organization (WIPO), copyright is known as the author's right as used to define the ownership right that the author holds over their creative work.
What is Copyright?
The legal right of the owner of the intellectual property is referred to as copyright. The right to not copy any original work is the definition of copyright in simple terms. The only people who are the authentic creators have the sole right to reproduce a work as they are the original authors of that work and anyone to whom they grant permission can work according to them.
After a specific time, an object enters the market, and the copyright law grants certain rights to the original creator for the protection of such product and duplication also. These privileges cover the ability to copy the work, create derivative works from it, distribute copies, as well as publicly perform and exhibit the work.
Through the grant of property rights, the copyright's main goal is to encourage and compensate writers for producing new works and making those works accessible to the general public for enjoyment. According to the argument, by giving creators certain exclusive rights that enable them to safeguard their creative works from theft, they benefit from financial rewards and the general public benefits from the creative works which might not otherwise be produced or distributed.
List of documents to be provided by hand or by post
Although there are certain unique criteria for various types of labor, the following are generally the necessary conditions:
If the work has been published, three copies are to be provided;
Two manuscript copies should be provided if the work is not published.
A special power of attorney or vakalatnama signed by the party and the attorney, if the application is being filed by an attorney;
Authorization with employment, if the applicant did not perform the work;
Information about the work's subject and language;
Information about the applicant's name, residence, and country of citizenship;
Additionally, the applicant must supply his email and mobile numbers;
A document providing the author's name, residence, nationality, and, if the author is dead, the date of his demise, if the applicant is not the author;
A trademark office no-objection certificate is necessary if the work is to be applied to a product;
A no-objection statement from the author is necessary if the applicant is someone else. In this situation, the author's consent may also be necessary;
A no-objection certificate from the individual whose image appears in the work is necessary;
A publisher's no-objection certificate is requested if the publisher is not the applicant;
If the work has been published, the year and initial publishing address must also be provided;
Details about the publication's year and country;
Source code and sequence of instructions are also necessary in software copyright cases.
Procedure for Registration of a Copyright
The procedure of registration of a copyright is given under Rule 70 of Copyright Rules and chapter 10 of the Copyrights Act, 1957.
1. Filing an application
The creator of the work submits an application in person at the copyrights office, by speed/registered mail, or electronically through a facility offered on the official website (copyright.gov.in). Each work must have its application submitted to the registrar, together with information on the work, to be registered. Additionally, the required charge must be paid,
The application fees are between 5000 and 40.000 Indian rupees. Demand draughts (DD), Indian postal orders (IPO), and online payment options can all be used to pay the fee to the Registrar of Copyright Payable in New Delhi. All required supporting documentation must be included with this application.
2. Examination
After the dairy number is given out in the filing phase, a minimum waiting time of 30 days applies. The copyright examiner evaluates the application during this time. This waiting period is there to allow for the emergence and consideration of objections. Here, the procedure is split into two parts:
The examiner reviews and carefully examines the application to look for any discrepancies if no objections are presented. It is a case of zero discrepancies if there is no error and all necessary documents and information are submitted with the application.
A letter of discrepancy is provided to the applicant if certain differences are discovered. The registrar after such discrepancy holds a hearing based on his response. When someone objects to an application, letters are given to both parties, and the registrar then summons them to a hearing. A rejection letter is provided to the applicant if the objections are not addressed or the difference is not rectified. This marks the conclusion of the individual's copyright registration process.
3. Registration
Registration could be used to describe the application's last phase. The registrar may need further documentation at this stage. The Registrar of Copyrights would put the information regarding the copyright into the register of copyrights and provide a registration certificate once they were completely satisfied with the applicant's copyright claim.
When the applicant receives the Excerpts of the Register of Copyrights, the procedure of registration is complete which is called registration of copyright(ROC).
Conclusion
The copyright registration procedure, although it seems simple, is a time-consuming but crucial process that can take up to 10 to 12 months. It is usually a good idea to register your copyright. This is because it can significantly contribute to preserving your rights, especially after your death.
Once you register your copyright, it is much simpler to go to court and have the individual who unauthorized copied your work punished. To adequately safeguard copyright owners, the Copyright Act of 1957 stipulates that if your right is violated, you could face up to three years in prison and a fine of at least INR 50,000 which is a criminal remedy and civil remedies under section 55 of the act which talks about interlocutory injunctions and pecuniary remedies.
eStartIndia will help you with Copyright Registration from the comfort of your home.
Get a free consultation for Copyright Registration with Our Top Rated Experts with simple Registration.
Author:
Leave a Comment
Previous Comments