1. What is Copyright?
2 . Copyright registration
3. Process of copyright registration
4. What Documents are required for copyright registration?
5. Term of copyright
6. Is copyright registration mandatory?
1. What is Copyright?
The Copyright Act of 1957 outlines the eligibility of works that can be protected under copyright law, as specified in Section 13. The types of works that can be copyrighted include literary works, dramatic works, musical works, artistic works, cinematographic films, and sound recordings.
Types of copyright
- Literary works include books, manuscripts, articles, computer software, translations, compilations, novels, essays, and academic research.
- Dramatic works encompass screenplays, scripts, and theater performances.
- Musical works consist of original compositions, melodies, and arrangements, with or without lyrics.
- Artistic works include drawings, cultural maps, photographs, architecture, and other forms of creative expression.
- In the field of cinematography, it encompasses movies, web series, advertisements, and animated documents.
- Sound recording includes audio products such as songs, audiobooks, podcasts, speeches, and other forms of sound creation.
Copyright protects original works that are presented in a tangible form and are eligible for corporate production. It's important to note that ideas cannot be protected unless they are expressed in some form, such as writing, music, or visual representations.
2 . Copyright registration
The process of corporate registration is governed by the Corporate Act of 1957 and the Corporate Rules of 2013. Applicants can file for registration either online or offline by visiting the official website for corporate registration in India. The process has been streamlined for easier access.
3. Process of copyright registration
Step 1: Corporate Application
To access the application, go to the official website. If you are an existing user, please enter your User ID and password. If you are a first-time user, create a new registration. Be sure to note your credentials for future use.
To apply for corporate registration, follow these steps:
1. Once you are successfully logged into the website, navigate to the online corporate registration section.
2. Open the Form XIV application for corporate registration.
3. Complete the entire form, including details such as the title of the work, the nature of the work (whether it is literary, artistic, or musical), and the language of the work.
4. Enter your applicant details, including your name, address, nationality, and mobile number.
5. Additionally, make sure to indicate whether the work has been published.
Step 2 . Please include supporting documents, which should consist of a scanned copy of the applicant's signature. If the work is published, you need to submit three copies. If the work is unpublished, please submit two copies of the manuscript. For software submissions, include at least 10 pages of the source code, specifically the first 10 pages and the last 10 pages.
No objection certificate is required when an attorney represents the copyright application.
Step 3. Please complete the statement of particulars and the statement of further particulars according to the type of work.
For the payment details while applying for corporator registration through an online payment gateway:
- ₹500 for literary, dramatic, musical, or artistic works
- ₹5,000 for cinematograph films and software
- ₹2,000 for sound recordings
After successful payment, you will receive an acknowledgment of your payment, allowing you to track the progress of your copyright application.
Step 4. During the mandatory 30-day period, the copyright office will examine the application or allow a third party to object if any corporate claim is found to be invalid.
Step 5. If there are no objections raised during the scrutiny period by the registrar, or once the waiting period is over, the corporate registrar will examine the application and address any deficiencies or errors in the documents. If objections exist, the opposing party will be notified, and a notice will be served to the applicant. An open hearing will then be scheduled to address the case further.
Therefore, the registrar will hear both sides' arguments and decide based on the evidence. If the objection is resolved in favor of the applicant, the registration process will continue successfully.
Step 6. Once the application is approved, the registrar of copyright will issue a copyright registration certificate to the applicant. This certificate grants legal ownership to the applicant.
4. What Documents are required for copyright registration?
1. Three copies of the published work.
2. Two additional copies of the work.
3. Applicant's details: name, address, nationality, mobile number, and email ID.
4. No Objection Certificate from the author, publisher, or relevant individuals.
5. Source code for software (if applicable).
6. Power of Attorney if the application is being represented by a lawyer.
5. Term of copyright
The term of copyright for a corporation lasts for the lifetime of the author, 60 years after their death.
6. Is copyright registration mandatory?
The copyright registration is important, even though copyright registration is not compulsory. If an entrepreneur chooses not to register, they may face certain challenges. For instance, they may struggle to file for damages and prove ownership in the public domain, which can complicate the process of selling their work.
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