Copyright Registration Online - an Overview

Copyright is the legal right creators are entitled to for their literary, dramatics, music, and artistic work. Producers of films and recordings enjoy this right too. When a proprietor registers for a copyright, it gives them an exclusive right to reproduce, replicate, and distribute the work. Further, they can grant authority to some other entity for the same purpose. Registering for copyright is important because it makes you the legal owner of the rights over the work. You then have control over communicating it to the public, reproducing rights, any adaptations or translations of the works.

How Copyrighting Works

A copyright protects the expression of an idea. Unlike a patent, which protects the idea itself, copyright protects only the expression.

As the owner of the copyright, the author has the unique right to produce copies of the work, to exhibit and perform it publicly, and to distribute copies of the work to the public. These exclusive rights are valid for the author’s lifetime plus 70 years. A work made for hire, on the other hand, has a copyright that lasts for a fixed period of 95 years from the date of creation.

The work must be original to the creator in order to be protected by copyright. To be unique, the work should:

Instead of being taken from another work, it must have been created by the author(s)

Must be capable of at least a basic level of creativity.

Note: The work will be terminated and will not be entitled to copyright protection if these two conditions are not met.

Copyright Law and Treaties

The Copyright Act 1957 (the Act), supported by the Copyright Rules 1958 (the Rules), is the governing law for copyright protection in India. Substantial amendments carries out to the Copyright Act in 2012. India follows a common law legal system, so relies on case law to interpret and set precedents in law and so the judicial decisions contribute to the sources of copyright law in India. India is a member of the Berne Conventions and Universal Copyright Convention. The Government of India has also passed the International Copyright Order, 1999. According to this Order, any work first published in any country that is a member of any of the above conventions is granted the same treatment as if it was first published in India. The copyright law aims to balance the interests of those who create content, with the public interest in having the widest possible access to that content. WIPO administers several international treaties in the area of copyright and related rights. What Can Be Protected By Copyright? Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. Eight categories of works are copyrightable:

Literary, musical and dramatic works

Pantomimes and choreographic works

Pictorial, graphic and sculptural works

Sound recordings

Motion pictures and other AV works

Computer programs

Compilations of works and derivative works

Architectural works.

Benefits of Copyright Registration

  • A public record of ownership
  • When a work is copyrighted, it is registered on a public record, thereby establishing ownership.
  • Copyright infringement
  • In the case of copyright infringement, the authors can sue infringers to secure their work and claim statutory compensation.
  • Prevents importing of duplicates
  • The owners can record the registration with the Indian customs and prevent importing duplicate copies of the work.
  • Commercial use of by-products
  • Have control over by-products or derivatives created from the original registered work for commercial purposes.
  • Transfer of copyright
  • The rights can be passed or sold to a third party by the original copyright holder.
  • Ensures protection
  • Copyright protection enables the owners to exhibit their work without the fear that it will be replicated without authorisation.
  • To register for copyright you need to give us the following details and documents.

    Personal details:

    Name, address, and nationality of the applicant Name, address, and nationality of the author of the work Nature of the applicant's interest in the copyright - whether the applicant is the author of the work or the representative of the author Copies of the original work ID proof of the owner and incorporation certificate if it is for business

    Nature of the work:

    Class & description of the work
    Title of the work
    Language of the work
    Date of publication - publication in internal magazines, like a company magazine or a research paper submitted to a professor does not count as publication.

    Documents:

    Three copies of your work Authorisation letter (we will send you)

     
         
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