Copyright Registration In India
(Price Start at $ 25 /-)
In India, the law of Copyright is governed by the Copyright Act of 1957 (“Copyright Act”). The Copyright Act provides for copyright protection in the following classes of work: (a) original literary, dramatic, musical, and artistic works; (b) cinematograph films; and (c) sound recording.
Acquisition of copyright is automatic and it does not require compulsory registration under the Act. However, registration of copyright and the entries made therein serve as prima facie evidence in a court of law in the event of a dispute relating to ownership of such copyright
Benefits of Registering a Copyright
There are various benefits of copyright registrations which help original creators protect their works in the form of copyright, some of these advantages are mentioned below:
- Legal Proof of Ownership of the Work: Copyright is an indispensable safeguard for creators, which provides legally binding proof of ownership in the form of copyright certificate.
- Copyright registration displays Authenticity: Copyright registration confers the registered work with an aura of authenticity which is a very important factor in differentiating authentic works from counterfeit reproductions.
- Protection Against Infringement: In the event of infringement, copyright registration provides legal protection and recourse. The registration also helps while filing a lawsuit before the court of law against such infringement.
- Copyright Registration Motivates Creativity: Another benefit of copyright registration is that it motivates the owners of the original work to create even more pieces of art or work which can be further copyrighted.
- Monetary benefits of copyright: The owner of the copyright is also entitled to certain economic benefits. Further, the copyright owner can licence their copyright to a third party in exchange for monetary benefits.
Eligibility Criteria for Copyright Registration In India:
Copyright protection is granted to creative works that meet certain conditions and requirements which are mentioned below:
- Copyright protection is granted to works that are expressed in a tangible form which means a copyright cannot be granted on abstract ideas, concepts, or theories.
- The work should originate from the author and not be a copy or imitation of someone else’s work. Hence, a minimum level of skill, labor, or creativity should be displayed in the copyrightable work.
- The work should exhibit a sufficient degree of creativity or originality. It should reflect the author’s intellectual effort and should not be a mere reproduction of existing material.
Documents Required for Copyright Registration in India:
For copyright registration, different types of documents are required to be submitted as per the work which is going to be registered. Some of the common documents are listed below:
- 2 Copies of the Work
- Demand Draft (in case of Offline Registration)
- NOC from Author/ Various Copyright holders/ Publisher
- Power of Attorney (if the application is filed by any attorney)
- Source code and object code of work for verification (in case of software)
Procedure to Register Copyright in India.
Here is a step-by-step process for registering a copyright in India:
- File an Application: You need to obtain Form XIV from the Copyright Office website or local office and fill in the details about the copyrightable work, and ownership claims including the applicant’s name and address. Further, you will need to attach the required documents (such as soft copies of the work, payment proof, NOCs if needed) and submit the application online or physically at the Copyright Office.
- Waiting Period & Objection: Once the application is filed and the Diary number is generated, the applicant will have to wait for a 30 days mandatory cooling-off period. In these 30 days, the examiner reviews the application and waits for any objection. Here any third party who believes that there is a similarity or piracy in the applied work can file an objection and the application will remain on hold until the matter is resolved between the applicant and the objecting party.
- When No third party Objection: If no objection is raised by any third party in these 30 days and all the documents are appropriate, the application will be sent to the stage for scrutiny and discrepancy check.
- Examination Process: When the objection period is over, the application goes for the examination. During the examination process, the examiner will scrutinize the application to find out discrepancies, if any.
- Registration Certificate: When the application undergoes from all the above-mentioned steps then the final stage is Registration. At this stage, the applicant receives the Copyright Registration Certificate from the Copyright office.
Time Required to Register a Copyright in India:
In a straightforward registration process, when there is no objection from the Copyright office and/or any third party whomsoever, the Copyright office issues the registration certificate within 3-4 months. In case of any objection or discrepancy, the usual time for the copyright registration is 7-8 months from the date of filing of the application.
How can Seedling help you with Copyright Registration?
Seedling has a dedicated team of attorneys who excel in crafting and implementing the comprehensive copyright registration process seamlessly. Our in-house copyright specialists proficiently handle all copyright filing and registration requirements as well as the associated formalities before the copyright office and ensure a hassle-free experience. Connect with us via our website to initiate and fast-track your copyright registration process.
Most common question about our services
What is copyright registration?
Copyright registration is the process of officially registering a creative work with the appropriate copyright office to secure legal protection and exclusive rights over the work.
Can I copyright my ideas?
No, ideas cannot be copyrighted as the copyright protects the expression of ideas rather than the ideas themselves. Legal protection for ideas requires expression in a tangible material form, such as writing, artwork, or recorded music.
Can a joint application for copyright be filed for one work?
Yes, joint authorship is a part of copyright. It helps in scenarios where more than one person is involved in creating the work. In this case, the copyright is shared by two or more of the creators equally
How long does copyright protection last?
In India, once the copyright is registered, it will be valid for the lifetime of the author plus 60 years after their death.
Our Registration Services
- Start Up India Registration
- Angel Tax Excemption (Section 56, IT Act)
- Start-up tax excemption (Sec 80-IAC)
- Legal Entity Identifier Registration
- MSME/UDHYOG Aadhar Registration
- IEC Registration
- ESI&PF Registration
- ISO Registration (Non-Audit)
- ISBN Registration
- GST Registration
- ESI and PF Registration
- Start Up India Registration
- ISBN Registration
- Angel Tax Exemption
- Startup Tax Exemption
- Import Export Code (IEC) Registration
- FSSAI License Registration
- ISP & OSP License
- Digital Signature (DSC) Registration
- ISO registration in india
- LEI Registration
- Embassy Attestation
- MSME/UDHYOG Aadhar Registration
- FIU-IND Registration
- Labour Law Compliance in India
- Trademark Enforcement
- Trademark Objection
- Trademark Registration in India
- Trademark Hearing
- Trademark Assignment
- Trademark Litigation
- Gambling Licenses in India
- Online Gaming License Registration in India
- Copyright Searches
- Copyright registration
- Copyright Enforcement
- Design Enforcement
- Design Registration Process in India
- Design Objection