Copyright Registration in India- GSB Infotech Business Solutions (LLP)

What is Copyright Registration?

Defined as the intellectual property right of an original work owned by an individual, a copyright is fixed in a physical medium of expression, thus enabling the holder to exclusively reproduce, distribute, perform, and display the copyrighted work. The purpose of copyright registration is to place on record a verifiable account of date content of the work in question, so that in the event of a legal claim or case infringement or bootlegging. Thus any producer must apply to register copyright for the content, media or work they produce to protect it from any infringement.

Advantages of Copyright:

1. Record

Copyright creates a public record of the original work of the owner in the public. It helps to give the recognition to the work of creator in the eyes of public. Maintaining the record is important because so that no two persons can have the claim on the same piece of work.

2. Legal Benefits

The creator does not have to worry about the material being plagiarised because he has plethora of legal benefits available to him. The legal benefits include penalties, prison time and even the reimbursement of the profits earned from the sale of the material by the party other than the concerned party.

3. Easy Transferability

The copyright enables the creator to easily transfer the rights of the work thus created to all the others who want to purchase it. The easy transferability also helps in transferring the rights and benefits to an individual who genuinely requires those rights without any hassle.

Disadvantages of Copyright:

1. Strict norms

Even though it is for the best, the stringent norms and regulations sometimes prevent the new and original content to come out in the market. The rules and regulations of the and the punishment that is served out as a result of the violation of the copyright of any material is very strict. It is done so to promote innovation and research and also to curb down the piracy that is being done on the interest Though, not successful, but the stringent norms and other rules and regulations force the buyers and sellers to comply with the Act.

2. High Cost

One of the major disadvantages of the copyright is the fact that the cost getting registration is very high. Due to this, many of the creators are not able to get copyright. The major this disadvantage is that of huge cost imposed on the a poor household who has to get a copyright registration.

3. Duration

The duration of the copyright is limited. The duration depends on several factors such as when was the work published; does it have some of the part as the derivative work? Or is author alive or dead?

Who can apply for copyright registration in India?

The producer of the work or the person who has got right to the innovative work can apply to register the copyright. It will be known as ‘work made for hire’ if he said pieces were created during the time of the employment. If a work has been created by two people, then they get co-ownership of the copyright material, unless the people anxious want it otherwise. If we had to narrow it down to three basic sets of people who can apply for copyright registration, they would be:
A) Any person requesting to have obtained the ownership rights from the creator of the original work.
B) An agent who has been sanctioned to copyright act on behalf of the aforesaid person
C) The original creator of the material to be copyright.

Rights of Copyright Owner:

Copyright registration gives complete and exclusive rights to the owner of the work: Owner can choose to replicate the work and approve someone else to do it any imitative work that comes from the original work is agreed out by the owner of the copyright material or approved person. The owner can also issue copies his/her work to the public in any form, like as rent the work, and lease the work, the sale of transference of ownership. Any of the copyrighted work can be completed and show gamely in public and the rights hold transversely all platforms, be it literature, music, drama, choreography, cinema, films or audio film work.

Documents Required for Copyright Registration:

Artistic Work or Material

Copies of material, work, task.
IPO/DD of the amount according to the work and quantity per work.
NOC is required from the artist if applicant is different from Artist.
NOC from person whose photograph appears on the work.

Cinematograph Film

Copies of cinematograph work.
NOC from various copyright holders or copy of agreement.
DD/IPO of rupees as per work
NOC from publisher if work published and publisher is different person

Software or Programs

Copies of the Software or program
DD/IPO of rupees as per work
NOC from author if author is different from applicant
NOC from publisher if work is published and publisher is a different person.
If the application filled through attorney, a specific power of attorney in original duly signed by the applicant and accepted by the attorney source code and object code of work for verification

Copyright Registration Process

Step 1

Application Filing

An application needs to be submitted either in DD/IPO. Once application is filled, a diary number is generated and issued to the applicant to register copyright.

Step 2

Work Examination

There is minimum wait of 30 days for recording and analysing any objections that may come up against the copyright application.

Step 3

Coyright Registration

As can be seen from the aforementioned steps, the registration solely depends on the register. Once everything is cleared from the register’s end, the applicant received the copyright and can legally exercise all rights that come with the owner of that copyright.