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Copyright Registration in India

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What is Copyright Registration

Copyright protection is crucial for creators in India, safeguarding their original works from unauthorised copying or use. Fortunately, India offers a convenient online system for registering copyrights, making the process accessible and efficient.

Documents Required for Copyright Application

Artistic Works:

  • Application Form: Duly filled and signed application form.
  • NOC from Artist: If the work is commissioned, a No Objection Certificate (NOC) from the artist may be required.
  • Authorship Declaration: A declaration stating the authorship of the artistic work.

Cinematograph Film:

  • Application Form: Completed and signed application form.
  • NOC from Scriptwriter and Music Composer: If different from the filmmaker, a No Objection Certificate from the scriptwriter and music composer..
  • Details of Film: Synopsis, dialogue, and music details.

Music:

  • Application Form: Duly filled and signed application form.
  • NOC from Lyricist and Composer: If different from the copyright applicant, a No Objection Certificate from the lyricist and composer.
  • Sheet Music or Notation: Sheet music or musical notation of the composition.

Literary/Dramatic Works:

  • Application Form: Completed and signed application form.
  • Manuscript or Copy of Work: A copy or manuscript of the literary or dramatic work.
  • NOC from Publisher: If the work is published, a No Objection Certificate from the publisher may be required.

Sound Recording:

  • Application Form: Duly filled and signed application form.
  • Copy of Sound Recording: A copy of the sound recording for which copyright protection is sought.
  • NOC from Publisher: A No Objection Certificate from the producer, if applicable.

Define Original Work

An original work is independently created by the author and possesses a minimal degree of creativity. It does not need to be novel or unique, but it must be more than a copy of someone else's work. Examples of original works include:

Literary works : books, articles, poems, plays, screenplays

Musical works : songs, compositions, recordings

Artistic works : paintings, sculptures, photographs, drawings, architectural works

Dramatic results : plays, screenplays, choreography

Sound recordings : music, audiobooks, podcasts

Benefits of Copyright Registration In India

While copyright protection is automatic in India, registering your copyright has several significant benefits:

Legal Evidence: Registration provides a public record of your copyright ownership, which can serve as strong evidence in case of infringement.

Right to Sue for Infringement:- You cannot initiate legal proceedings for copyright infringement in India unless your work is registered.

Presumption of Ownership: In court, a registered copyright is presumed to be valid, which places the burden of proof on the alleged infringer to demonstrate otherwise.

Monetary Damages and Statutory Remedies: Registration enables you to seek enhanced monetary damages and statutory remedies in case of infringement.

Deterrence: The mere fact of registration can act as a deterrent to potential infringers, as it signals your intent to protect your work.

Customs Protection: You can record your copyright with Indian Customs to prevent the import of infringing copies of your work.

International Recognition: While registration is not mandatory for international protection, it can facilitate enforcement of your rights in other countries that have reciprocal copyright agreements with India.

Copyright Registration Process in India

Here's a step-by-step process for registering your copyright in India:

File an Application:

  • Obtain Form XIV from the Copyright Office website or local office.
  • Fill in details about your work, ownership claims, and contact information.
  • Attach required documents (soft copies of the work, payment proof, NOCs if needed).
  • Submit the application online or physically at the Copyright Office.

File an Application:

  • Obtain Form XIV from the Copyright Office website or local office.
  • Fill in details about your work, ownership claims, and contact information.
  • Attach required documents (soft copies of the work, payment proof, NOCs if needed).
  • Submit the application online or physically at the Copyright Office.

Pay the Fee:

  • Pay the applicable fee (varies based on work type) through an online payment gateway or demand draft.

Submit Copies of Your Work:

  • For online applications, upload soft copies in specified formats (PDF, MP3, MP4, etc.).
  • For physical applications, send copies to the Copyright Office.

Trademark vs Copyright vs Patent

TrademarkCopyrightPatent
What’s ProtectedAnything that identifies and distinguishes the source of one party's commodities from those of another party, whether it be a word, phrase, symbol, or design.Inventions, including procedural, manufacturing, compositional, and material machines, as well as upgrades to these.Among other creative works of authorship, there are books, articles, songs, photographs, sculptures, dances, sound recordings, and motion pictures.
Requirements for ProtectionA mark needs to be recognisable in the sense that it needs to be able to pinpoint the origin of a particular good.It calls for a brand-new, worthwhile, and interesting invention.A work ought to be distinctive, creative, and physically generated.
Term of ProtectionWhenever the trademark is used commercially.20 yearsAuthor’s lifespan + 70 years.
Rights GrantedRight to make use of the mark and to forbid third parties from making use of the same mark in a manner that might lead to confusion regarding the source of the products or services.Right to prevent the patented invention from being manufactured, sold, or imported by others.Copyrighted works have the authority to restrict their use, distribution, performance in public, and display.

Copyright Registration Fee Structure

For an Application for OBLIGATORY LICENSEFee
Requesting a license under Articles 31, 31A, 31B*, and 32A to republish a ‘literary’ ‘musical’, ‘dramatic’, or ‘artistic’ work₹5,000/- per function
To obtain a permit to distribute a cinematograph film (Section 31)₹15,000/- per function
For a license to broadcast any work interlinked to the public (Section 31(1)(b)),₹40,000/- per applicant/per station
Requesting permission to publish a sound recording (Section 31)₹10,000/- per function
To obtain permission to perform any work in public (Section 31)₹5,000/- per function
For a certification to publish or disseminate the work or translation to the public (Section 31A)₹5,000/- per function
To obtain permission to publish any work in any format that is helpful to people with disabilities (Section 31 B)₹2,000/- per function
For a request to verify the production and publication of a translation of a work of fiction or drama in any language (Section 32 & 32-A )₹5,000/- per function
For a copyright registration application in a:
(a)A work of literature, music, theatre, or other artistic creation₹500/- per function
(b) Provided that in relation to a literary or artistic work that may be used in connection with any items (Section 45)₹2,000/- per function
For a request to alter copyright information submitted to the Registrar of Copyrights regarding a:
drama, literature, music, or other artistic creations₹200/- per function
(b) Provided that in relation to an artistic or literary work that may be used in connection with any goods or products (Section 45)₹1,000/- per function
For a request to register a cinematographic film's copyright (Section 45)₹5,000/- per function
For a revision to copyright information filed as a registration request in the Registry of copyrights for cinematograph films (Section 45)₹2,000/- per work
For a copyright registration application for a sound recording (Section 45)₹2,000/- per function
For a copyright registration request for a sound recording (Section 45)₹2,000/- per function
For a registration request for changes to copyright information filed to the registry of copyrights associated with sound recordings (Section 45)₹1,000/- per function
For taking into account index extracts (Section 47)₹500/- per function
Excerpts from the registry of copyrights for consideration (Section 47)₹500/- per function
Excerpts from the registry of copyrights for consideration (Section 47).₹500/- per function
To obtain a certified copy of an index extract from the register of copyrights in accordance with Section 47₹500/- per copy
To obtain a certified copy of an index extract from the register of copyrights in accordance with Section 47₹ 500/- per copy
To obtain a certified copy of an index extract from the register of copyrights in accordance with Section 47₹500/- per function
For a request to prohibit the importation of counterfeit copies (Section 53) at a single point of entry₹1,200/- per function

Copyright RegistrationFAQ's

  • Copyright-free works are those that are not protected by copyright law and can be freely used without permission.
  • This includes works that have fallen into the public domain (e.g., due to expiration of copyright term), works deliberately released under public domain licenses (e.g., Creative Commons Zero), and works that are not eligible for copyright protection (e.g., ideas, facts, government works).

  • Check the copyright notice on the work itself.
  • Search the Copyright Office's online register for registered works.
  • Contact the author or publisher directly for information.

  • Copyright is a form of intellectual property that gives the creator of an original work exclusive rights to control its use and distribution.
  • These rights include the right to reproduce, distribute, create derivative works, perform publicly, and display publicly.

  • The copyright symbol © is not required for copyright protection, but it serves as a notice to the public that the work is copyrighted.
  • It can be used alongside the name of the copyright owner and the year of first publication.

  • Section 63 of the Indian Copyright Act deals with the offense of infringement of copyright.
  • It states that anyone who knowingly infringes or abets the infringement of copyright shall be punishable with imprisonment and/or a fine.
  • The exact penalties vary depending on the nature of the infringement and whether it is a first or subsequent offense.

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