Copyright Registration in India

A copyright registration Process is a right not to copy the work of another person. A copyright grants the subject’s owner exclusive ownership of his work. When a work is protected by copyright, no one can duplicate it in any way. Copyright, a type of legal right and protection for intellectual property, is granted to authors of literary, dramatic, musical, and creative works, as well as those who create cinematograph films and sound recordings. Copyright registration is a safeguard that ensures both the reward of creativity and the protection of intellectual work. Because innovation is the bedrock of development, no civilized society can afford to ignore the imperative of encouraging creativity. Although it is a natural right, it is strengthened by registration under copyright laws. Copyright can be used to protect artwork, books, manuscripts, movies, instruction manuals, software, literary works, and other works, among other things. With the help of Applytrademark, you can easily register your copyright registration in India.

What is Copyright?

Copyright is an intellectual property right that is granted to its owner and protects the author’s original works. Any individual or entity may use the creator’s original work, such as books, scripts, software, artistic, cinematography, computer programming, and so on, with their permission only, and it is also transferable.

What can be protected through copyright registration?

According to the Patent Act of 1970, the following are not inventions:

• BooksBooks and newsletters are the two most common contexts in which copyright registration for literary works is used to protect the author’s works.
• SoftwareSoftware copyright registration prevents anyone or any business from using the software without permission.
• ScriptsCopyrighting creative works, such as scripts, prevents unauthorized use by third parties.
• LyricsIt’s easier than ever for others to use your work without credit, so copyright protection for your song is essential.
• WebsitesYou have sole copyright rights to the components of your own website as a composer, owner, producer, or author.
• MusicIf your music does not have a recognized copyright, it may be difficult to assert your rights in a copyright infringement claim.

Documents Required for Copyright Registration in India

• If the work has been published, two copies of the work are required; otherwise, two copies of the manuscripts are needed.
• DD or online payment, depending on the job.
• It is necessary to provide information about the Class and the Work Description, as well as the title and language of the work.
• In addition, the applicant’s name, address, phone number, email address, and nationality are required.
• If the applicant is not the author, a document with the author’s name, residence, nationality, and, if the author is deceased, the date of his death is required.
• If the work is to be used on a product, a NOC from the trademark office is required.
• If the applicant is someone other than the author, a no-objection certificate from the author is required.
• If the work has already been published, the year and location of the first publication, as well as the year and country of future publication, are required.

Copyright Registration Process in India

• Step 1: Submission of copyright applicationThe registrar must receive an application in FORM XIV format along with the necessary fees as the first step in the application submission process. Each application must be signed by the applicant as well as the attorney for whom a Power of Attorney has been executed. Additionally, the applicant’s signature needs to be in jpeg format.
• Step 2: Examining a copyright application 30-day waiting time is necessary once the registrar issues a Dairy No. before any objections can be made. If no objections are received within 30 days after the application has been examined, the registration will be completed and an extract will be sent to the registrar for admission into the Register of Copyright.
• Step 3: ObjectionIf one is made, the examiner will schedule a hearing for both parties and notify them in writing of the objection.
• Step 4: HearingAfter the objections are answered during the hearing, the scrutinizer will review the application and decide whether to accept it or reject it.
• Step 5: Issuing of Copyright Registration CertificateThe registrar could now request additional supporting paperwork. Once the applicant’s copyright claim has been fully satisfied, the Registrar of Copyrights will enter the information on the copyright into the Register of Copyrights and issue a certificate of registration. When copyright registration is finished, the applicant receives the Extracts from the Register of Copyrights (ROC).

What is the duration of copyright protection?

Copyright is valid after registration for the author’s lifetime and 60 years after the author’s death. The duration of copyright protection granted to works varies according to the type of work sought to be protected. Copyright has a 60-year expiration date in most cases. The 60-year window for original literary, theatrical, musical, and artistic works begins the year after the author’s death.

How can we find out the status of our Copyright Registration Application?

The status of a copyright registration application can be checked in two ways:

• Go to the Copyright registrar’s website and click “Status of Application.” After that, enter the diary number you received, also known as the acknowledgment number, and then submit to receive the status.
• You simply contact apply for a trademark, and we will provide you with regular updates.

How does Applytrademark help you obtain copyright registration?

We are a group of India’s top business legal professionals. With our Copyright Registration process in India, your online Copyright Registration in India can begin on time, and your solo company’s dream can be realized. Even though it is possible to register a copyright online, it is not easy to obtain. Applytrademark has long been involved in the formation of businesses and can assist you in filing a Copyright registration application. You must complete the following steps to register your copyright from applying for a trademark:

1. If you are clear about the Copyright registration process, we ask that you wait for a call back from a consultant. If you are in a hurry, you can make the payment and begin the process right away.
2. Our team of experts will contact you within one working hour, and if you have any further questions, a professional will contact you.
3. The team of applying trademarks will share a detailed checklist of documents required from your end for further action after understanding the structure of your invention.
4. To track the progress of the assignment, we will assign you a unique order Number.
5. For copyright registration, we assign a small team of professionals including CAs, CSs, and lawyers.
6. We will send regular email updates on the status of the project.
7. Our team will manage the entire process.
8. You can track the status of your order by contacting us via email or phone.

Frequently Asked Questions

Can I submit my copyright registration application in person? Yes, physical submission of a copyright registration application is possible; however, physical submission of a copyright registration application is a time-consuming process. How do I find out if a name is protected by copyright? How do I determine whether a logo is protected by copyright?

What is Patent Registration?

The patent is a limited-time exclusive right granted to the Patentee to protect ideas and inventions. Patents in India are governed by the 1970 Patent Act and the 1972 Patent Rules. Through Patent Registration, the patentee acquires all rights to control, manufacture, use, sell, or import the patented product or process for manufacturing that product. An individual or a company obtains intellectual property rights to an invention through the patent registration process. It gives you the exclusive right to create, use, sell, or import the product or services and prevents others from doing the same. It also ensures that the owner receives priority over others for your specific invention. A patent is valid for 20 years, and not all ideas are patentable. If the idea has the potential to become an invention, a provisional patent application may be filed. Now, if you want to apply for Patent Registration in India, apply trademark can file an application on your behalf because apply trademark acts as a Patent Agent throughout India.

What can be patented in India?

Patentable inventions in India can be related to work, process, manufacturing, machine-related, computer software, or any other type of invention that has never been invented to the general public.

What Inventions Are Not Patentable?

According to the Patent Act of 1970, the following are not inventions:

• Prejudice to a human, animal, or plant’s life, health, or the environment. The discovery of a scientific principle, the formulation of an abstract theory, or the occurrence of any living or non-living substance in nature.
• Simple admixture results in the collection of the components’ properties.
• A simple arrangement or re-arrangement of devices found in nature.
• Any agricultural or horticultural method, whether medicinal, surgical, curative, or prophylactic diagnostic.
• Playing the game with a computer program or any mathematical method.
• Atomic energy cannot be patented.

What is the Importance of Patent Registration in India?

• Protects your inventionA patent is a type of intellectual property that safeguards your invention by preventing others from using it without your permission. Because you own all of the rights, it deters competitors.
• 20-year patent protection Your invention is protected for a set period of time, which is 20 years.
• Rights ReservedIt also boosts your company’s revenue by allowing the patent holder to charge a premium for the invention.
• The reputation of the inventorThe inventor’s credibility will increase once the patent is registered.
• Enough fundsAlthough it only pays a lower royalty, it is extremely beneficial to people who have an idea but lack the funds to bring it to market by selling the idea outright.
• Sell or transfer patent rightsYou can sell, transfer, or franchise your patent after it has been registered.

Filing Criteria for a Patent Registration Application

• Patentable subject matter sections 3 and 4 of the Patents Act list non-patentable subject matter. This list should not include your invention.
• Originality or non-obviousnessThe concept should stand out from the crowd and be difficult to predict. To be patented, something must be technologically advanced or economically profitable.
• NoveltyIn order to obtain patent rights and complete the patent registration process smoothly, the invention must be unique. As a result, it should not be used anywhere, including in the public domain.
• Industrial applicabilityThe idea or invention must be useful in some way and not ambiguous. Furthermore, it must have industrial applications and be applicable to a specific industry.

Documents Required for Patent Registration in India

• Inventor Provide detailed specifications in English as well as a diagrammatic representation of your inventions, as well as the names, addresses, and nationality of the inventors and applicant.
• All assignment dates and application forms must be signed by the inventor.
• All information about similar applications filed in other countries must be provided in addition to this data.
• A verified PCT application in English must also be submitted, or it can be submitted by a trademark patent agent.
• Upon the controller’s request, any type of priority application should be provided.
• If any of the sequences in the List are in computer-readable text format, they must be submitted as well.
• If the patent involves the use of biological material, return permission from the national biodiversity authority must be included.

Patent Registration Process

• Step 1: Conduct a Patent SearchBefore we discuss how to complete the patent registration process, you should know whether or not a patent has already been registered.
• Step 2: Determine the patient’s domicile only applies to India and is not applicable in other countries. It is also possible to protect your invention in other countries.
• Step 3: Drafting Patent ApplicationA patent application is filed in Form-1 at a patent office along with the prescribed fee listed. Each patent application includes a patent specification i.e. Form 2. You can file a provisional or complete application depending on the state of the invention. If it is still in development, then a provisional application should be filed. A complete application must be filed within twelve months of the application’s filing date otherwise the application is deemed abandoned.
• Step 4: Patent application publicationThe patent application will be published in the official patent journal after it is filed with the patent office. Patent applications are published 18 months after they are filed. If the Indian Patent Act restricts the patent’s publication, it will not be published in the journal.
• Step 5: ExaminationA patent must be examined before it is granted, and an application for examination must be submitted in Form 18. During the examination process, the examiner will review the application to ensure that it is in accordance with the Patent Act and Rules.
• Step 6: Examination Report IssuanceThe First Examination Report (FER) in this case is filed following an extensive search. The examiner creates the application’s first examination report and, if any, grounds for objections.
• Step 7: Respond to ObjectionsIn order to demonstrate patentability, the applicant must file a written response to the objection raised in the examination report, attempting to negate the objection raised, and for this Physical hearings or video conferencing is used.
• Step 8: Patent GrantOnce the Patent Officer has acknowledged the completion of all objections raised, the patent is granted and the Application status is updated on the site. A patent certificate can be granted in 6 months to 1.5 years.

How does using a trademark help you get a patent registration in India?

In India, Applytrademark offers the best patent attorney and patent search services. Applying for a trademark can assist you in filing a patent registration application.

You must complete the following steps for Patent Registration in India from Apply Trademark:

1. Simply go to https://www.applytrademark.co.in/patent-registration/ and fill out your basic information such as name, email address, and mobile number.
2. Then we ask that you wait for a call back from a consultant; alternatively, if you are in a hurry, you can make the payment and begin the process right away if you understand the Patent Registration process.
3. We will send regular email updates on the status of the project.
4. Our team of experts will contact you within one business day, and if you have any further questions, a professional from our senior management will contact you.
5. Following an understanding of the structure of your invention, the team applying for a trademark will share a detailed checklist of documents that must be provided by you in order for further action to be taken.
6. To track the progress of the assignment, we will assign you a unique order number.
7. We will assign you a small team of professionals such as CAs, CSs, and lawyers, as well as a personal patent attorney.
8. Our experts will take into account all factors, including the invention’s potential applications across industries and its advantages over existing items.
9. We will send email updates on the status of the work on a regular basis.
10. Our team will manage the entire process in collaboration.
11. You can track the status of your order by contacting us via email or phone.

Frequently Asked Questions

Is an Indian patent valid all over the world? Indian patent registration grants only territorial rights and is not valid outside of India’s borders.

Copyright Registration Process and Procedure

Last updated : February 10th, 2023 06:57 pm

Copyright is a right given by the law to creators of literary, dramatic, musical, and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation, and translation of the work. There could be slight variations in the composition of the rights depending on the work. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. The economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects, and producers of sound recordings, cinematograph films, and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.

Copyright Registration Process Flowchart

Copyright Registration Procedure

The procedure for registration is as follows:

1. Application for registration is to be made as prescribed in the first schedule to the Rules;
2. Separate applications should be made for registration of each work;
3. Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules; and
4. The applications should be signed by the applicant or the advocate in whose favor a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.

Time for Processing Application

After you file your application and receive a diary number you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim that particular work is created by you.

Scope and Extent of Copyright Registration

Both published and unpublished works can be registered. Copyright in works published before 21st January 1958, i.e., before the Copyright Act, of 1957 came into force, can also be registered, provided the works still enjoy copyright. Three copies of published work may be sent along with the application.

If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office as proof of the work having been registered. In case two copies of the manuscript are sent, one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office. When a work has been registered as unpublished and subsequently published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form V with the prescribed fee.

All kinds of literary and artistic works can be copyrighted, you can also file a copyright application for your website or other computer programs. Computer Software or program can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programs, tables, and compilations, including computer databases. ‘Source Code’ has also to be supplied along with the application for registration of copyright for software products. Copyright protection prevents the undue proliferation of private products or works and ensures the individual owner retains significant rights over his creation.

Introduction

What if you write a new book? It is a literary masterpiece that can fetch you a lot of money, but you are scared and wonder what would happen if on releasing it, people copy it and sell it under their name. What do you need to do to prevent this and protect your rights?

The answer is easy. You need to get your work registered with the Registrar of Copyrights. Copyright is a right given by the law to the creators of original work in the areas of literature, drama, music, art, etc. A registered copyright legally protects your work and prevents its unauthorized usage. 

Between 2017 and 2018, there were nearly 40000 copyright disputes and discrepancy examinations. To avoid this you must understand the requirements for copyright registration and what the process entails. 

In this article, we will understand the types of work you can obtain a copyright for, the people who are entitled to get a copyright for a piece of work, the essential documents you must have when you are trying to get a copyright and the procedure involved in the copyright registration process.

What kind of work can be registered using copyright?

In India, copyright can be taken for original works that fall in the area of:

• Musical works,
• Literary works like books and manuscripts,
• Cinematography films,
• Fashion designs,
• Artistic works like paintings,
• Performances,
• Software and other computer programs and compilations, etc.

However, it must be remembered that copyright does not protect titles, names, ideas, concepts, slogans, methods, and short phrases.

To know more about Copyright Registration please visit 

Why do you need a copyright?

When you create original work then copyright is acquired automatically. The question which then arises is why you need to get it registered. To answer this, let’s look at an illustration.

Suppose A made a painting after working day and night and putting in a lot of sweat and effort into it. He then put it up on his website for others to see. After a few months, A noticed that someone else had copied it and was making money off it. What did he do? Of course, he sued the person in a court of law. Now, because he had a copyright, he could use it as evidence in court and prove that it is his painting and that the infringer must be punished.

Through this illustration, we can observe that registered copyrights protect your work and prevent others from using it to their own advantage. 

Let’s discuss some benefits of getting copyright registered for your work:

• Copyright registration creates a public record. It tells the world that your work is protected by copyright and also enables a person who wants to license your work to find you.
• It enables you to file a lawsuit and take legal action against someone who infringes your copyright, say by selling copies of your work without your permission. 
• It provides you with economic benefits by entitling you to use your work in various ways like making copies, performing in public, broadcasting your work, etc, and availing appropriate rewards for it. Thus, it provides you with a reward for your creativity.
• It allows you to sell or pass the rights of your work.
• It allows you to get legal evidence of your ownership. So if someone prevents you from using your work, you can just use your copyright to prove that it’s your work and you have a right to use it.
• It allows you to change the form of your work. For example, it allows you to make a sequel or revise or update the work.

Who can register a piece of work with the Registrar of  Copyrights?

If you made a new painting using your mind and talent. Can anyone get a copyright for it? Of course not. Let’s see who is legally entitled to get a copyright for his/her work. 

The following people are entitled to submit an application to get copyright:

The author

The author of the work is:

1. Either the person who actually created the work, or
2. If made during the scope of employment, then the employer. This is considered as ‘work made for hire’.
3. Such an author is legally allowed to get a copyright for his/her work.

The owner of exclusive rights

Copyright law can grant a person exclusive rights to control and use and distribute an original work. These rights include the right to reproduce or make copies of the original work, the right to distribute copies of the work, the right to publicly display the work, the right to perform the work, and the right to alter the work and make derivatives of the original work. The owner of such exclusive rights is permitted to apply for registering his or her claim in the work. 

The copyright claimant

This is either:

1. The author, or
2. A person or an organization that has obtained ownership rights from the author through a written contract, will, etc.

The authorized agent

This refers to any person authorized to act on behalf of either:

1. The author, or
2. The copyright claimant, or
3. The owner of an exclusive right.

It must also be mentioned here that there is no age bar for getting a copyright and a minor is also entitled to register a copyright. This is because copyright law recognized creativity and understands that age cannot be a restriction on creativity. Also, in case the work is created by two or more people then the creators of the work are co-owners unless they have agreed otherwise.

Essential documents required for copyright registration

Before we discuss the procedure which you must follow if you want to get your work registered under the Indian Copyright Act, of 1957, we must look into the essential documents that you require for smooth registration. 

Though there are some special requirements for different kinds of work, broadly the essential requirements are:

• 3 copies of the work if the work is published;
• If the work is not published, then 2 copies of the manuscripts;
• If the application is being filed by an attorney, then special power of attorney or vakalatnama signed by the attorney and the party;
• Authorization in respect of work, if the work is not the work of the applicant;
• Information regarding the title and language of the work;
• Information regarding the name, address, and nationality of the applicant;
• Applicant must also provide his mobile number and email address;
• If the applicant is not the author, a document containing the name, address, and nationality of the author, and if the author is deceased, the date of his death;
• If the work is to be used on a product, then a no-objection certificate from the trademark office is required;
• If the applicant is other than the author, a no-objection certificate from the author is required. In this case, an authorization of the author may also be required;
• If a person’s photo is appearing in the work, then a no-objection certificate from such a person is required;
• In case the publisher is not the applicant, a no-objection certificate from the publisher is required;
• If the work is published, the year and address of the first publication are also required;
• Information regarding the year and country of subsequent publications;
• In case of copyright is for software, then source code and object code are also required.

Procedure for registering a copyright

Now that we understand who is entitled to get a copyright and what essential documents they must have to get it registered, let’s see how you can register your original work with the copyright registrar under Chapter X of the Indian Copyright Act,1957 and Rule 70 of the Copyright Rules’ 2013.

The steps involved in the registration process are:

Step 1: File an Application

In the first step :

• The author of the work, copyright claimant, owner of an exclusive right for the work, or an authorized agent files an application either physically in the copyrights office or through speed/registered post or through the e-filing facility available on the official website (copyright.gov.in).
• For registration of each work, a separate application must be filed with the registrar along with the particulars of the work. Along with this, the requisite fee must also be given, Different types of work have different fees. 

For example, to get the copyright for an artistic work registered, the application fee is INR 500, while for getting the copyright for a cinematograph film registered is INR 5000. The application fees range from INR. 5000 to INR. 40000. It can be paid through a demand draft (DD) or Indian postal order (IPO) addressed to the Registrar of Copyright Payable in New Delhi or through the e-payment facility. This application must be filed with all the essential documents. 

At the end of this step, the registrar will issue a dairy number to the applicant.

Step 2: Examination

In the next step, the examination of the copyright application takes place.

Once the dairy number is issued, there is a minimum 30 days waiting period. In this time period, the copyright examiner reviews the application. This waiting period exists so that objections can arise and be reviewed. Here the process gets divided into two segments:

• In case no objections are raised, the examiner goes ahead to review and scrutinize the application to find any discrepancies.
  1. If there is no fault and all the essential documents and information is provided along with the application, it is a case of zero discrepancies. In this case, the applicant is allowed to go forward with the next step.
  2. In case some discrepancies are found, a letter of discrepancy is sent to the applicant. Based on his reply, a hearing is conducted by the registrar. Once the discrepancy is resolved, the applicant is allowed to move forward to the next step.
• In case objections are raised by someone against the applicant, letters are sent out to both parties and they are called to be heard by the registrar.
  1. Upon hearing if the objection is rejected, the application goes ahead for scrutiny and the above-mentioned discrepancy procedure is followed. 
  2. In case the objection is not clarified or the discrepancy is not resolved, the application is rejected and a rejection letter is sent to the applicant. For such applicants, the copyright registration procedure ends here.

Step 3: Registration

The final step in this process can be termed as registration. In this step, the registrar might ask for more documents. Once completely satisfied with the copyright claim made by the applicant, the Registrar of Copyrights would enter the details of the copyright into the Register of Copyrights and issue a certificate of registration. 

The process of registration of copyright completes when the applicant is issued the Extracts of the Register of Copyrights (ROC).

Conclusion

Creativity is the most essential requirement to enable progress in society. Encouraging creativity enables the economic and social development of a society. Copyright protects the creativity of people and becomes a source of motivation for artists, authors, etc. Registering your work with the Registrar of Copyrights provides you with the right to reproduce it, the right to adapt the work, the right to paternity, and the right to distribute the work. 

Though it looks easy, the copyright registration process is a lengthy but important process that can take up to 10 to 12 months. It is always advisable to get your copyright registered. This is because it can go a long way in protecting your rights for years, even after your death. 

Once your copyright is registered, it becomes much easier to move to court and get the person who illegally copied your work punished. To provide adequate protection to copyright holders, the Copyright Act, of 1957 provides imprisonment from six months to three years and a fine of not less than INR 50,000 in case your right is infringed by someone.