Copyrights in India under the umbrella of Intellectual Property rights have emerged as a widely acknowledged right among all other rights. In the country full of art, craft, and creativity, copyright has been a blessing to all. The Copyright Act, 1957 being the principal act governs all the matters related to registration of artistic and creative work. The Copyright (Amendment) Act 2012 brought significant changes and a boon to existing laws and more protection to copyright holders.
To understand the functioning of copyright registration in India let us first get you acquaint with its basics. Even before that it is important to know that:
‘Why is it so essential for the copyright to be protected?’
Creativity is the bedrock of progress. No civilized society can ignore it as it helps in the progress of society in a forward direction. Artists and creators have been the horses of the chariot of development of every society and nation. Economic and social development is highly dependent on creativity. The protection provided by copyright to the creator’s and author’s efforts and works creates an atmosphere that induces and motivates them to create more such art and inspires others also to create something. By providing complete protection and ownership rights over their work, creators get a sense of working more efficiently and diligently without the fear of their work getting misused anywhere. This protection of copyright is provided under copyright law 1957 and the 2012 amendment act in India which has promoted numerous artists in these times.
It is an intellectual property right given to the creators of artistic, literary, dramatic, musical, and producers of films and sound recordings. The artistic and creative work could be of varied nature such as a book, a music recording, a cinematographic movie, a play script or performed on stage, etc. the creator/author is the first and whole and sole owner of the copyright. The person holding the copyright has the right to use and the authority to grant permission to anyone else to use it.
Following kinds of works are protected under the Copyright Act:
Literary works: Books, compilations, journals, scripts, computer programmes, and databases, etc.
Musical works: Songs, music recordings, sound recordings, graphical notations, etc.
Artistic works: Photographs, paintings, craftsmanship, dramatic works, work of architecture, engravings, cinematograph films, etc.
Validity of a Copyright Registration:
Copyright over any work exists for a lifetime and an additional 60 years after the creator’s death. If the author is unknown then the work will exist for 60 years from the date of publishing the work. For all other works, the copyright term exists for 60 years from the date of its publication.
How does a Copyright Benefits:
- It provides proof of ownership by establishing a public record that acts as a prima facie evidence and makes it simpler for the creator to claim authority over his work.
- It provides a legal right to the owner to file an infringement suit or to stop a possible infringement if need be in the future.
- The copyright owner can assign or license the copyright without worrying about being conned by anyone.
- It provides the right to claim statutory damages where while owning the copyright, the owner does not need to prove the actual damage caused to the court.
Workflow of Copyright Registration in India:
The registration of copyright in India is an easy task classified into merely 3 easy steps i.e. application, examination, and registration.
- Application:An online/offline application requesting the copyright over the work duly filled in relevant forms is sent to the registrar along with the fees through DD/IPO. When the application is received a specific diary number is issued to the applicant.
- Examination:A period of 30 days after the application and issue of diary number is mandated for the objections to come if there are any.
If there are no objections, the application goes under the process of scrutinization by the examiner which gives rise to two options:
- If there are any discrepancies, a letter is sent to the applicant to rectify it. Based on the reply of applicant, the registrar who is the examiner here conducts a hearing and all the discrepancies are set out to clear, and extract of same is then sent to the applicant.
- If there are no discrepancies found which means the application is clean and clear to be given registration without any ado.
If there are any objections by any other person received within 30 days of the application then letters are sent to both the parties and are directed to reply to it. After the requisite replies, the registrar conducts a hearing beyond which it depends on the decision of registrar regarding the proceedings.
- If the application is accepted that implies the objections are rejected and the application is set out further for scrutiny related to discrepancies.
- If the application is rejected that implies the acceptance of objections and end of the registration process.
- Registration: The registration is a sole decision of registrar on completion of all the processes in due form. If the application clears the examination and scrutiny stage, the registration is granted to the applicant and he can then further legally exercise all rights that come with the copyright he is granted over his work.
Copyright functions as a means to provide and strengthen the rights of creators and authors over their works. It also enables them to explore their creativity and reap monetary benefits from it. By getting a registration on time, the owner can avail of the rights and protect his work from all sorts of infringements. The owners can avail copyright registration services offered by professionals like IPKOSMOZ for a safe, simple, and hassle-free online copyright registration process.