Process of Copyright registration

Updated on : 2021-Apr-23 17:09:24 | Author :

Contents

 

  • Where to apply for the registering of the copyright for a work?

  • Is it mandatory to register a work to claim copyright?

  • Process of copyright registration

  • How long the registering process take?

 

Copyright is the legal right meant to the creators of works of literary or dramatic or music or artistic work or producers of films or any sound recordings. When a proprietor registers for Copyright protection, it gives him the right to reproduce, replicate, and distribute the work. So the person can grant the authority to other entities for the same purpose. Register copyright to make you communicating to the public, reproducing rights, and adapting & translating the works.

 

Where to apply for the registering of the copyright for a work?

The Copyright Office has been set up to provide facilities to register all types of works. These facilities generally are headed by a Registrar of Copyrights. The copyright office is located at Plot no. 32, Boudhik Sampada Bhawan, Sector 14, Dwarka, New Delhi- 110075. They can go with the e-filling process too.

 

Is it mandatory to register a work to claim copyright?

 

The registration to claim copyright is not necessary for India. It is because the registration is treated as merely the record of a fact. The registration process does not create or any kind of new right. It is not necessary to initiate action against any kind of infringement. This view has been sustained by the Indian courts in a chain of judgments.

 

Process of Copyright registration
         

The requirements of registering a work to claim copyright are:

  • 3 copies of the work (If the work is published)
  • 2 copies of manuscripts (If the work is not published)
  • Special power of attorney signed by the attorney and the party (If the application is being filed by an attorney)
  • Authorization of work (if the work is not the work of the applicant)
  • Information about the title and language of the work
  • Information about name, address, and nationality of the applicant;

 

The applicant has to provide-

 

1.mobile number

2. e-mail address

  • A document containing the name, address, and nationality of the author (If the applicant is not the author)
  • The date of death (if the author is deceased)
  • A no-objection certificate from the trademark office is required (If the work is to be used on a product)
  • A no-objection certificate from the author is required (If the applicant is other than the author)
  • Authorization of the author
  • no-objection certificate from such person is required (If a person’s photo is appearing)
  • No-objection certificate from the publisher is required (if the publisher is not the applicant)
  • The year and address of first publication (If the work is published)
  • Information about the year and country of subsequent publications
  • Then source code and object code (In case of copyright is for software)

 

The steps of the registration process are:

 

 

 

Step 1: File an Application

 

The author of the work/copyright claimant/ owner of an exclusive right for the work or an authorized agent applies physically in the copyrights office or through speed or registered post or the e-filing facility on the official website copyright.gov.in.To register each work of a separate application these must be filed with the registrar with the particulars of the work. The requisite fee must be given. A dairy number issued by the registrar to the applicant.

 

Step 2: Examination

 

  • The examination of the copyright application
  • The dairy number is issued
  • A minimum of 30 days waiting period
  • The copyright examiner reviews the application form

 

Here the process gets divided into two segments:

 

  • The examiner goes ahead to review and scrutinize the application (In case no objections are raised)
  • The application goes ahead for scrutiny (if the objection is rejected)
  • A rejection letter is sent to the applicant (In case the objection is not clarified or discrepancy is not resolved, the application is rejected)

 

Step 3: Registration

 

  • The registrar might ask for more documents. The copyright claim is made by the applicant. The Registrar of Copyrights would enter the details of the copyright into the register of copyrights. Then they issue a certificate of registration.
  • The process registration of copyright completes after the applicant is issued the Extracts of the Register of Copyrights (ROC).

 

How long the registering process take?: The registering process of copyright takes 10 to 12 months.

 

 

 

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