Procedure for Copyright Registration under Indian Copyright Act, 1957
Introduction
Copyright grants creators exclusive rights to use, distribute, and profit from their original works. It automatically applies upon creation, lasting for the creator’s life plus a set duration. Protection varies globally, with exceptions like fair use. Digital challenges and international treaties shape copyright’s evolving landscape, fostering creativity while balancing access.
What kind of work can be registered using a copyright?
In India, copyright can be taken for original works that fall in the area of:
- Musical works,
- Literary works like books and manuscripts,
- Cinematography films,
- Fashion designs,
- Artistic works like paintings,
- Performances,
- Software and other computer programs and compilations, etc.
However, it must be remembered that copyright does not protect titles, names, ideas, concepts, slogans, methods, and short phrases.
To know more about Copyright Registration please visit: https://aurigaaccounting.in/copyright
Why do you need a copyright?
When you create original work then copyright is acquired automatically. The question which then arises is why do you need to get it registered. To answer this, let’s look at an illustration.
Suppose A made a painting after working day and night and putting in a lot of sweat and effort into it. He then put it up on his website for others to see. After a few months, A noticed that someone else had copied it and was making money off it. What did he do? Of course, he sued the person in the court of law. Now, because he had copyright, he could use it as evidence in the court and prove that it is his painting and the infringer must be punished.
Through this illustration, we can observe that registered copyrights protect your work and prevent others from using it to their own advantage.
Let’s discuss some benefits of getting copyright registered for your work:
- Copyright registration creates a public record. It tells the world that your work is protected by copyright and also enables a person who wants to licence your work to find you.
- It enables you to file a lawsuit and take legal action against someone who infringes your copyright, say by selling copies of your work without your permission.
- It provides you with economic benefits by entitling you to use your work in various ways like making copies, performing in public, broadcasting your work etc, and availing appropriate reward for it. Thus, it provides you with a reward for your creativity.
- It allows you to sell or pass the rights of your work.
- It allows you to get legal evidence of your ownership. So if someone prevents you from using your work, you can just use your copyright to prove that it’s your work and you have a right to use it.
- It allows you to change the form of your work. For example, it allows you to make a sequel or revise or update the work.
Who can register a piece of work with the Registrar of Copyrights?
If you made a new painting using your mind and talent. Can anyone get a copyright for it? Of course not. Let’s see who is legally entitled to get a copyright for his/her work. The following people are entitled to submit an application to get a copyright:
The author
The author of the work is:
1.Either the person who actually created the work, or
2.If made during the scope of employment, then the employer. This is considered as ‘work made for hire’.
3.Such an author is legally allowed to get a copyright for his/her work.
The owner of exclusive rights
The copyright law can grant a person exclusive rights to control and use and distribution of an original work. These rights include the right to reproduce or make copies of the original work, the right to distribute copies of the work, the right to publicly display the work, the right to perform the work and the right to alter the work and make derivatives of the original work. The owner of such exclusive rights is permitted to apply for registering his or her claim in the work.
The copyright claimant
This is either:
The author, or
A person or an organization that has obtained ownership rights from the author through a written contract, will etc.
The authorized agent
This refers to any person authorized to act on behalf of either:
1.The author, or
2.The copyright claimant, or
3.The owner of an exclusive right.
It must also be mentioned here that there is no age bar for getting a copyright and a minor is also entitled to register a copyright. This is because copyright law recognised creativity and understands that age cannot be a restriction on creativity. Also, in case the work is created by two or more people then the creators of the work are co-owners unless they have agreed otherwise.
Procedure for registering a copyright /the steps for registration of copyright
The steps for copyright registration can vary slightly based on the country, but generally, the process involves the following steps:
1. Creation of Work: Create an original work that is eligible for copyright protection, such as a book, music, software, artwork, or any other creative content.
2. Determination of Eligibility: Ensure your work meets the eligibility criteria for copyright protection in your jurisdiction.
3. Application Form: Obtain the appropriate application form for copyright registration from the official website of the copyright office in your country.
4. Application Filling: Complete the application form, providing detailed information about the work, the author/creator, and other relevant details.
5. Deposit Copies: Prepare copies of the work as required by the copyright office. This could include manuscripts, recordings, or digital files, depending on the nature of the work.
6. Fee Payment: Pay the required copyright registration fees. The fees can vary based on the type of work and the country’s regulations.
7. Submission: Submit the completed application form, along with the deposit copies and proof of fee payment, to the copyright office. This can often be done online or through mail, depending on the country.
8. Review and Examination: The copyright office will review your application to ensure it is complete and meets the necessary requirements. If there are issues, you may be contacted for clarification or additional information.
9. Wait for Processing: Wait for the copyright office to process your application. Processing times can vary, and it may take several months to receive a response.
10. Copyright Certificate: If your application is approved, you will receive a copyright certificate. This certificate serves as legal proof of your copyright ownership.
11. Protection and Enforcement: Your work is now officially protected under copyright law. In case of copyright infringement, the certificate is crucial in legal proceedings.
It’s important to consult the official website of the copyright office in your country or seek legal advice for specific and up-to-date information about the registration process, requirements, and fees applicable to your situation.
Auriga Accounting Professional services that can help you to achieve the best and quick solution of your problem's
Auriga Accounting, as a professional financial and accounting services provider, can offer a range of solutions to address various financial and business challenges. They directly assist with copyright registration or legal matters, their services can help you maintain sound financial practices and support your broader business needs. Some of the services they typically offer include:
Bookkeeping: Auriga Accounting can help you maintain accurate financial records, track income and expenses, and ensure compliance with financial reporting requirements.
Tax Planning and Compliance: We can assist with tax planning, help you optimize your tax strategy, and ensure compliance with tax regulations, which may be relevant to your copyright-related income.
Financial Analysis: Auriga Accounting can provide valuable insights into your financial health, helping you make informed decisions about your creative work and its commercial aspects.
Audit and Assurance: If necessary, We also can perform financial audits to ensure financial transparency and integrity, which might be relevant for copyright-related income.
Consulting: Auriga Accounting can offer financial and business consulting to help you make strategic decisions regarding the financial aspects of your creative work and copyright registration costs.
Compliance and Reporting: We can help ensure you adhere to relevant financial regulations and reporting requirements.
Budgeting and Financial Planning: Assist in budgeting for copyright registration costs, tracking expenses, and planning for future financial needs.
