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What is Copyright Registration ?

Copyright Registration confers upon its owner sole rights to copy or reproduce the work or grant permission to another to do so. The applies to literary (books, scripts, even software) and audio-visual (music, photographs, movies) works. Business entities often copyright instruction manuals, product literature and user guides. Copyright certificate is usually owned by the creator of the work, but may also be owned by the employer of its creator or the person who has commissioned the work (unless there is an agreement to the contrary in either case). Copyrights are also transferrable.

A copyright is essentially a right not to copy someone’s work. A copyright gives the owner of the subject an exclusive right over his work. If a work is protected by copyright registration, no one can imitate, copy or reproduce the original work in any other way. A term of copyright in India is 60 years. Copyright application can be made for the following works:

Copyright registration in Nagpur,Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities through HerambIndia.

  • Music
  • Books
  • Manuscripts
  • Films
  • Fashion Designs
  • Training Manuals
  • Software
  • Literary Work
  • Performance
  • Paintings etc
  • The register of the Registrar of Copyrights is divided into 6 categories:

    PART – 1: Literary works other than computer Programs

    PART – 2: Musical Works

    PART – 3: Artistic Works

    PART – 4: Cinematography Films

    PART – 5: Sound Recording

    PART – 6: Computer Programs, tables & Compilations

    Copyrights are protected by “THE COPYRIGHT ACT, 1957” though there have several amendments to the act.

    Procedure for Copyright Registration

    1
    COMPLETE COPYRIGHT APPLICATION FORM

    You need to fill out a simple copyright form which will gather all the required information & will help us while filing your registration.


    PREPARE COPYRIGHT APPLICATION

    According to your need, our expert will prepare your copyright application. We will co-ordinate with you for all the copyright documents.

    2

    3
    FILING OF COPYRIGHT APPLICATION

    As soon as your documents and application are processed properly, our executive will submit your copyright application with the department.


    COPYRIGHT CERTIFICATE ISSUED

    After approval of the copyright application, an acknowledgement will be provided to the client.

    4

    Required Documents for Copyright Registration

    Advantages of Copyright Registration

    There are multiple reasons to choose private limited company

    Essential Facts on Copyright Registration

    Why bother to register copyright?

    Copyright recognises the exclusive rights of the creator over an original work. Music, books, manuscripts, software, films, fashion designs, even brochures and training manuals all enjoy copyright protection, even without registration. Basically, the moment you create an original work, you are its exclusive owner. However, in the commercial world, the reason why artists, publishers and corporates still bother to register the copyright on their work is that it’s the only way to approach the courts in case of a dispute.

    What is the purpose of the copyright registrar?

    The copyright registrar primarily serves as an office of record, a place where claims to copyright are registered and documents related to copyright are recorded. The office furnishes information about the provisions of the copyright law and the procedures for making registration, to explain the operations and practices of the copyright office, and to report on facts found in its public records.

    What copyright protection do I get?

    Copyright protection arises automatically the moment the author fixes the work in a tangible form (for instance when a writer writes her story) without the author having to do anything. Registering your work with the registrar of the copyright office is basically a copyright protection insurance policy. It creates a public record of the work and you can then sue anyone for copyright infringement. Furthermore, this registration is only recognised prima facie if done within five years of the creation of the work. It isn’t as if you can just postpone registration until someone actually does steal your work.

    How would another party prove rights to my work?

    Another party will need to prove their right to the work by showing they had a pre-existing copyright claim to the work, proving that you permitted its use, that you didn’t actually create the work or that you stole the copyright from them.

    What are performer's rights?

    Any person hearing it could by taking down the lecture or story in shorthand reduces it to material form. Similarly, music could be recorded on tape. Therefore, do the persons who first reduced the performance to a material form become the copyright owners of the lecture, story or dramatic performance or music? This is not so, as certain special rights (performer's rights) have been conferred upon any performer of his performance. The performer in this context includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, a person delivering a lecture or any other person who delivers a performance.

    Can I copyright a film or sound recording?

    In case you want to copyright a video, film or an audio recording track, it is recommended that you get an NoC from all the people involved in its making. This will protect you from any objections from them at a later date. This has become imperative now after the latest Supreme Court guidelines on sound recording and cinematography copyright registration.

    Why should one get their work registered under the copyright law?

    It is not mandatory to get copyright protection but always advisable to do so because it will give the owner a certain set of minimum rights over his work and the protection that no one will be able to copy his work for a minimum period of time. This satisfaction will always motivate the owner to do more work and create more items.


    What is the procedure to obtain a copyright registration?

    To obtain the copyright registration the following process has to be followed:

    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.)

    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

    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

    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.

    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.

    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.

    What all things are Protected under a Copyright?

    It basically protects the expression of ideas (e.g. words & illustrations), alone it cannot be protected. The following may be protected under copyright law:

    FAQs on Copyright Registration

    For what can copyrights be obtained?
    You can get a copyright for any unique and creative content. This could range from design, sketch, painting, song recording, music video, movie file, poem, book or even a short story.
    Copyright protection typically lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematographic films, sound recordings, photographs, anonymous and pseudonymous publications, works of government and works of international organisations, the 60-year period is counted from the date of publication.
    Any person claiming to be the owner of the work to be copyrighted can apply for copyright registration. The person can be an individual, company, NGO or any other.
    A trademark is a mark given to a brand to protect the brand name, Logo or Slogan. A copyright is a Protection given to unique content such as books, music, videos, songs or even software.
    A copy of the work needs to be provided along with the address and identity proof of the owner is required. For a company, the name of the company along with its Certificate of Incorporation and Address proof is required.
    A copyright is valid in India. However, if you have filed a copyright in India, you can use this as evidence before any government to prove that you were using the copyrighted content first.
    A copyright is given to content, while a patent is given to an invention.
    A copyright registration is an intellectual property, which can be sold, transferred, gifted and franchised. Copyright registration gives the owner of the work ownership over the work and any person wishing to use the work must obtain the registered copyright owners consent.
    No. Copyright is applicable for only unique content. The content can be book, song, film, software, fashion designs.
    Whosoever has worked on unique content or produced some unique content, song, or any data can apply for copyright registration in India.
    NO you cannot register your name or title. Name or titles can only get trademark registration.
    You can send him/her a legal notice regarding the same. But if no action is taken from second party then you can file a case against him/her and sue them in court.
    Unfortunately there is no way to do so. The only way out of this is to do proper research work on Google. But do not limit to google, expand your research sources.

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