To secure copyright, follow these copyright registration procedure statuses:
Step 1: Filing a Copyright Application for Registration
You can file a copyright application online or offline, making copyright protection accessible to all.
Procedure for Copyright Registration Online:-
- To register as a user, start by visiting the copyright portal and providing your basic information to create a user profile.
- Form Submission: Complete Form XIV for copyright registration, attaching the required documents and prescribed fees. Upon submission, you’ll receive a Diary Number. Following this, you’ll need to send physical copies of your work to the copyright office.
Offline Registration Procedure
For offline copyright registration, user registration is not required. Instead, follow these steps:
- Document Submission: Submit the relevant documents, Form XIV, and a statement of particulars in a physical format to the registry. Include a demand draft (DD) for the prescribed fee. This can be done by visiting the copyright office or sending the documents via registered or speed post.
- Work Submission: Alongside the documents, send a copy of your work to the copyright office.
Step 2: Assessment of the Application
Upon submitting your work in Step 1, all applications undergo a mandatory 30-day waiting period, during which objections can be raised.
If a Third Party Objects
In the event of a third-party objection, a notice of hearing is sent out, where both parties have the opportunity to present their arguments, and a decision is reached based on the submissions.
If No Objection is Raised
The officer assigned to your application scrutinises all documents and the creative work. There are two possible outcomes:
- If discrepancies are found, a letter of discrepancy is issued. You must respond to this letter, and a hearing may be conducted. If you resolve the issues during the hearing, your application proceeds.
- If no discrepancies are found, the application advances to the next stage.
Step 3: Registration
Once any objections are resolved, the copyright officer issues a certificate of registration. The duration of the entire copyright registration process depends on the copyright office’s decision. However, if no discrepancies are found, the certificate is typically issued within four to five months.
All the Eligible Criteria for Copyright Registration ?
Copyright eligibility refers to the criteria that creative works must meet to qualify for copyright protection. Copyright is a legal right that grants creators exclusive control over the use and distribution of their original artistic, literary, musical, or other intellectual works. However, not all creations are eligible for copyright protection. Here’s an introduction to what makes a work copyright-eligible:
- Originality: To be eligible for copyright protection, a work must be original, meaning it must be independently created by the author and possess some degree of creativity. While the threshold for originality is generally low, mere facts or ideas are not copyrightable. The expression of those facts or ideas, however, is eligible for protection.
- Fixed in a Tangible Medium: Copyright protects works that are fixed in a tangible medium of expression. This means the work must be in a physical or digital form that can be perceived, reproduced, or communicated, such as written on paper, saved in a computer file, recorded on audio tape, or captured in a photograph.
- Creative Expression: Copyright does not protect ideas, concepts, systems, or methods of operation. It protects the way these ideas are expressed. For example, a novel, a painting, a song, a software code, or a choreographed dance routine are all eligible for copyright protection because they represent specific creative expressions of ideas.
- Minimal Creativity: While the work must be creative, the level of creativity required is minimal. Even a small amount of creativity, such as in a short poem or a simple drawing, can make a work eligible for copyright.
- Duration of Protection: It’s also important to note that copyright protection is not eternal. The duration of copyright protection varies from country to country, but it is limited. Generally, it lasts for the life of the author plus a certain number of years (such as 70 years in many jurisdictions), after which the work enters the public domain and can be freely used by the public.
Why Consider Registering Your Work Under Copyright Law?
While it’s not obligatory to register for copyright protection, it’s highly recommended.Registering provides the owner with essential rights over their work and guarantees protection against unauthorised copying for a specified duration.This sense of security often serves as motivation for the creator to continue producing more work and generating additional content.
Who Can Claim Copyright For Their Work?
Copyright protection is generally available to the creators of original works of authorship, provided that the work is fixed in a tangible medium of expression. This means that the work must exist in some physical form, whether it’s written down, recorded, or otherwise captured in a way that allows it to be reproduced.
Here are the types of creators and their respective works that can typically claim copyright protection:
Authors: Authors can include writers, poets, novelists, and playwrights. Any original literary works, including books, articles, poems, and other written content, are eligible for copyright protection.
Musicians and Composers: Original musical compositions, including both the musical score and lyrics, are eligible for copyright protection. This extends to songwriters, composers, and music producers.
Artists: Visual artists, such as painters, sculptors, photographers, and graphic designers, can claim copyright for their original artistic works, including paintings, sculptures, photographs, and digital art.
Filmmakers: Films, including screenplays, cinematographic works, and audiovisual presentations, are protected under copyright law. This applies to directors, screenwriters, producers, and other contributors to the creation of the film.
Architects: Original architectural designs and blueprints are eligible for copyright protection.
Choreographers: Original choreographic works, including dance routines and performances, can be copyrighted.
Software Developers: Computer software, including both source code and object code, is protected under copyright law. This applies to software developers and programmers.
Broadcasters: Television and radio broadcasts, including both the content and the specific broadcast recordings, can be protected under copyright law.
Sound Recording Artists: Performers and record labels can claim copyright for sound recordings of musical performances.
Database Creators: Creators of original databases that demonstrate creativity in the selection, arrangement, or coordination of data can claim copyright protection.
Required Documents for Copyright Registration
When a company or an organization wants to register copyright for its creative works, such as software, literary works, artistic works, music, or audiovisual content, the required documents generally include:
- Application Form:
- A completed copyright application form provided by the respective copyright office. This form contains details about the company, the work to be copyrighted, and the nature of the copyright claim.
- Work Samples or Copies:
- Copies or samples of the work being registered. For software, this might include the source code and documentation. For literary works, it could be the manuscript. For artistic works, photographs or digital images might be required.
- Authorship and Ownership Details:
- Information about the authors or creators of the work, especially if the work was created by employees. Details might include employment contracts indicating the transfer of intellectual property rights to the company.
- Declaration of Originality:
- A statement declaring that the company is the original creator of the work or has acquired the rights to register the copyright.
- Organizational Information:
- Details about the company, including its legal name, address, and, if applicable, the names of authorized representatives handling the copyright registration.
- Power of Attorney (if applicable):
- If the copyright registration is being handled by a representative or intellectual property attorney, a power of attorney document authorizing them to act on behalf of the company.
- Proof of Payment:
- Proof of payment of the copyright registration fee. This can be in the form of a bank receipt, online payment confirmation, or any other acceptable proof of payment.
- Optional: Licensing or Transfer Documents (if applicable):
- If the copyright was transferred from another entity or if there are licensing agreements, relevant legal documents proving ownership or licensing rights.
- Optional: Description of the Work:
- A detailed description of the work, especially for complex works like software, explaining its functionality, features, and uniqueness.
It’s important to note that the specific requirements and documents can vary depending on the country and its copyright laws. Companies should consult the official website of the relevant copyright office or seek legal advice to ensure they have all the necessary documents and information for copyright registration. Consulting with an intellectual property attorney experienced in copyright law is advisable to navigate the process successfully.
Advantages of Copyright Registration
- Public Record of Ownership: Copyright registration creates a public record, solidifying the ownership of your work.
- Authors have legal options available to them in cases of copyright violation, such as suing infringers, protecting their work, and seeking statutory compensation.
- Copyright holders have the option to register their copyrights with Indian customs in order to prevent the importation of unauthorised duplicate copies of their work.
- Control Over By-Products: Copyright registration grants control over any by-products or derivatives derived from the original work, allowing for commercial utilisation.
- The individual who owns the copyright has the choice to transfer or sell their rights to another person or entity.
- Ensured Protection: Copyright registration provides security, allowing owners to showcase their work without fear of unauthorised replication.
List of Rights Offered to Copyright Holders
The following are the rights conferred on the ‘owner’ or ‘author’ of a work:
- Right to reproduce the work
- Right to issue copies of the work and communicate the same to the public and the right to perform the work in public
- Moreover, the right to make cinematograph film or sound recording of the work
- Right to translate
- Right to make any adaptation of the work
- In the case of computer programmes, the author has the right to sell or rent the work, even if he had already rented or given it for sale earlier.
Basic/Advance Guidelines for Copyright Registration
Generally, copyright comes into existence once the work is created and no mandatory registration is required. Obtaining a copyright registration certificate, on the other hand, will assist the owner in asserting ownership of the original work in a court of law if it is exploited or pirated.
According to the Copyright Registration Online Rules, some of the basic guidelines are:
- Application for registration of copyright has to be made on Form IV.
- Separate applications are to be filed for registration of each work.
- Moreover, each application must be accompanied by the requisite fee as prescribed by the Government of India.
- The application has to be signed by the applicant.
- Both published and unpublished work (also called manuscripts) can be registered. Copyright can also be sought for work published before 21st January 1958, i.e., before the Copyright Act, 1957 came into force, provided it still enjoys copyright.
- Likewise, three copies of the published work must be sent along with the application. If it is an unpublished work, a copy of the manuscript should be sent along with the application
- Further, if two copies are sent, one will be duly stamped by the Copyright Officer. And returned to the copyright applicant and the other will be kept confidential at the Office for reference.
- While sending manuscripts, the applicant can choose to send only extracts from the work. The applicant can also ask the Officer to return the extracts after it has been stamped
- If an unpublished work is registered and later published, an application may be filed for changes.
How Auriga accounting helps in copyright registration ?
However, Auriga Accounting Private Limited can assist individuals and businesses in various ways when it comes to copyright registration:
Expert Guidance: Auriga Accounting professionals can provide expert guidance on the financial aspects of copyright registration, including fee structures, budgeting for registration costs, and financial planning related to copyright ownership.
Record Keeping: Auriga Accountants can help you maintain proper financial records related to copyright registration fees and other associated expenses, ensuring that your financial documentation is in order.
Tax Implications: Copyright-related income, such as royalties from licensed works, can have tax implications. Auriga Accountants Private Limited can advise you on tax matters related to your copyrighted works, helping you comply with tax regulations.
Financial Planning: For businesses and individuals generating income from copyrighted works, accountants can assist in financial planning, including budgeting, revenue forecasting, and investment strategies related to intellectual property assets.
Financial Expertise: Auriga Accounting is CA firms, Which provide expert financial advice, helping businesses with financial planning, budgeting, and investment strategies, ensuring sound financial decisions.
Compliance and Taxation: In Auriga Accounting, CA’s are well-versed in local and international tax laws and regulations. They can ensure businesses comply with tax obligations, file accurate tax returns, and optimize tax strategies.