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COPYRIGHT REGISTRATION

 

MEANING OF COPYRIGHT: Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.

 


BENEFITS OF COPY RIGHT REGISTRATION


1. Public notice of your ownership


Your work will be published in the Copyright Office’s Catalog and will be searchable to the public. Anybody thinking of using this work will be able to search this Catalog and see that your work is protected.

2. Validity

Your registration will demonstrate the validity of your copyright if it is registered within five years of publication. This can prevent future challenges to your rights in the work.

3. Legal evidence of ownership


If somebody takes your work, registration will avoid a costly dispute over the actual ownership. Your copyright registration will provide proof of your ownership and relieve you of this legal burden.

4. Ability to bring an infringement suit

Perhaps the most important benefit. Without registration, a copyright holder cannot bring a lawsuit for copyright infringement.

5. Maximization of damages


Without a timely registration, a copyright holder is limited to actual damages in the case of infringement. fees. However, to claim these damages, the registration must be made within three months of the work’s publication or before the infringement occurs. Therefore, time is of the essence.



Procedure for Obtaining a Copyright Registration


Step 1. Making of an Application


An application (including all the particulars and the statement of the particulars) in the format of FORM IV has to have to be sent to the registrar along with the requisite fees (mentioned in the Schedule 2 of the act.). A separate application has to be made for separate works.

Step 2. Signing of Application


Every application has to be signed by the applicant as well as an Advocate in whose favor a Vakalatnama or a POA has been executed.

Step 3. Issuance of Diary No


The registrar will issue a Dairy No. and then there is a mandatory waiting time for a period of 30 days for any objections to be received

Step 4. Objection not Received


If there are no objections received within 30 days, the scrutinizer will check the application for any discrepancy and if no discrepancy is there, the registration will be done and an extract will be sent to the registrar for the entry in the Register of Copyright.

Step 5. Objection Received


If any objection is received, the examiner will send a letter to both the parties about the objections and will give them both a hearing.

Step 6. Approve or Reject


After the hearing, if the objections are resolved the scrutineer will scrutinize the application and approve or reject the application as the case may be.



LIST OF DOCUMENTS REQUIRED TO BE
SUBMITTED ALONG WITH APPLICATION FORM.


Artistic


• 2 Copies of work.
• DD/IPO of Rs.(as applicable) per work
• NOC from author if applicant is different from   author.
• NOC from publisher if work published and   publisher is different from applicant.
• Search Certificate from Trade Mark Office (TM -60) if the work is being used on goods or capable   of being used on the goods.
• NOC from person whose photograph appears on   the work.

Cinematograph Film


• 2 Copies of work

• DD/IPO of Rs. (as applicable) per work

• NOC from various copyright holders or copy of agreement (deed of assignment).

• NOC from publisher if work published and publisher is different from applicant.

Music


• 2 Copies of work (Graphical Notes)

• DD/IPO of Rs. (as applicable) per work

• NOC from publisher if work published and publisher is different from applicant.

• NOC from author if applicant is other than author.

Sound Recording


• 2 Copies of work

• DD/IPO of Rs. (as applicable) per work

• NOC from various copyright holders or copy of agreement (deed of assignment).

• NOC from publisher if work published and publisher is different from applicant.

Literary/ Dramatic


• 2 Copies of work

• DD/IPO of Rs. (as applicable) per work

• NOC from publisher if applicant is other than publisher and work is published.

• NOC from author if applicant is other than author.

Software


• 2 Copies of work

• DD/IPO of Rs. (as applicable) per work

• NOC from author if author is different from applicant.

• NOC from publisher if work is published and publisher is different from applicant.

• Source code and object code of work for verification.



What Is Eligible for a Copyright?

The following works are eligible for a copyright
1. All literary works: These include short stories, poems, newspaper articles, blogs, plays, and reference materials.
2. Advertisements
3. Architecture
4. Artistic works: These include drawings, paintings, pictures, and sculptures.
5. Technical Drawings
6. Films
7. Television shows
8. Podcasts
9. Choreography
10. Musical compositions
11. Concerts and other live performances
12. Computer software
13. Computer hardware
14. For any of these works to qualify for a copyright, they must meet what the law describes as "some minimal degree of creativity."

What Is Not Eligible for Copyright Claim?

The primary areas where someone can't claim copyright status are Facts, Ideas ,Methods of Operation and Systems