All Things about the Copyright Procedure for Song in India
Short Intro: -
Composing and copyright takes talent, time and effort. It is not something that everyone can do. While creating and releasing a song or an album might feel like a job amazingly done, you might want to take one more step before you assume that you have reached the finish line: protecting your song by registering it under copyright law.
Yes, getting copyright protection for your song is important, as it is easier than ever for people to use your work unfairly without giving you the credits you deserve. If you are a budding artist, it is more important to consider getting copyright protection as you might not have the voice enough to battle once your song has been misused.
Benefits of Copyrighting a Song
(i) Your work cannot be violated by any other company or business firm.
(ii) The copyright registration certificate is true and valid for the lifetime of the owner plus sixty years.
(iii) Violation of the copyright is a cognizable offence and a police complaint will have a record to stop it.
(iv) Upon infringement, a civil suit can be filed at the place where the owner of the copyright is situated.
Further, to make any other productions based on a copyrighted work, they need to get permission from the owner and pay royalties if the owner wants it.
Documents Required for Copyright a Song
- For submitting a copyright application for a song, the NOC of the publisher/producer/author/composer and all other persons associated with the creation of a song should be presented.
- Two original and identical samples or copies of the work. In this case, it could be song recording and music notes is required for copyright music registration.
The Procedure of Songs Copyright in India
Step 1: Filing the Application
The first step in the process is to fill the copyright application with the correct details through the portal of a copyright attorney. The application can be made by the candidate themselves or through someone who has been approved by them. The required documents should be submitted along with the application. Once submitted a diary number will be generated which can be used to track the application.
Step 2: Formality Check
On the acceptance of the application, there will be a formality examination or check. This will be to ensure that the essential requirements of getting a work copyrighted are fulfilled by your work.
If your application doesn’t pass the formality check, a letter asking for providing further details or justifications will be delivered to the applicant.
Step 3: Waiting Period
If the application or request passes the formality check without questions or passes after your response to the queries raised, it moves to the next stage – publication, which allows third parties to object to your claim. 30 days is given for entertaining those objections. If there is no objection your application will be forwarded to the auditor for scrutiny. If there is an objection, then you have to go over one additional step.
Step 4: Hearing
In case an objection is held on the copyright objection, a report will be given to both parties. You need to submit a reply after which the Registrar might call for a hearing. In the hearing, both parties will have a chance to perform their part. If the hearing ends in your favour, your application will be further forwarded to scrutiny by the auditor.
Step 5: Registration Granted
Eventually, the application will proceed to the Registrar. Further, based on their final scrutiny they will decide whether or not to grant you the copyright registration. If they grant the registration, you will be informed of the same and will have complete legal rights over your song.
Is Registering A Song The Same As Copyright?
Registering a song and obtaining copyright protection for it are related but distinct processes in the world of music. Let me explain the differences:
Copyright: When a song is created, it is automatically protected by copyright law. Copyright grants the creator of original work exclusive rights to its use and distribution, with the intention of enabling the creator to receive compensation for their intellectual investment. In the context of music, copyright protects the lyrics, melody, and arrangement of a song. This protection is automatic and exists from the moment the song is created in a fixed, tangible form, such as being written down or recorded.
Registering a Song: Registering a song involves submitting information about the song, including its title, lyrics, and authorship details, to a copyright office or a collecting society (such as ASCAP, BMI, or SESAC in the United States). Registering a song is not a requirement for it to be protected by copyright, but it can be beneficial in providing legal evidence of ownership in case of disputes. Registering can also make it easier to enforce copyright, especially if legal action is necessary.
Penalties for Breaking the Rules
Copyright infringement is a crime. This means someone is using someone else’s work or doing something against their rights. The accused could go to jail for up to three years and have to pay a fine of up to two lakh rupees. There is no need to sign up. But if a problem arises in court, copyright registration is the best proof for the owner. So they won’t have to fight to show that their rights were violated while also trying to show that they were broken.
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.
- Risk Management: Auriga Accounting Private Limited assess financial risks and implement strategies to mitigate them, ensuring the business is well-prepared to face challenges.
- Business Expansion: Auriga Accounting provide valuable insights and financial models for business expansion strategies, mergers, acquisitions, and international expansions.
- Regulatory Compliance: Auriga Accounting keep businesses updated about changing regulations and ensure that the business operations are in compliance with industry standards and legal requirements.