All the Eligible Criteria for Copyright Registration ?
Introduction:-
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.Copyright eligibility refers to the criteria that creative works must meet to qualify for copyright protection.
In India, the following categories of works are eligible for copyright protection under the Copyright Act, 1957:
Original Literary, Dramatic, Musical, and Artistic Works: This includes books, novels, poems, plays, musical compositions, paintings, drawings, sculptures, and other creative works.
Cinematographic Films: This includes any work of visual recording on any medium, produced through a process from which a moving image may be produced.
Sound Recordings: This includes a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced.
Computer Programs or Software: Computer software or programs are considered literary works and are eligible for copyright protection.
Broadcasts: This includes radio and television broadcasts.
Published Editions of Works: This refers to the published editions of works, like encyclopedias, anthologies, and databases.
In general, the creator or author of the work is the first owner of the copyright. However, there are certain exceptions and special cases, especially in works created during employment or works created under a contract, where the employer or the person who commissioned the work may own the copyright.
It’s important to note that copyright protection is automatic upon the creation of the work. However, registering the work with the Copyright Office provides legal evidence in case of copyright infringement and is advisable for additional protection.
Why Consider Registering Your Work Under Copyright Law?
Registering your work under copyright law provides several important benefits and protections:
Legal Evidence: Registering your work provides legal evidence of your ownership and the date of creation. In case of a copyright dispute, this registration can be crucial evidence in court.
Deterrence: The existence of a registered copyright can deter potential infringers from using your work without permission, as they are aware of the legal consequences.
Statutory Damages and Attorney’s Fees: If your work is registered before the infringement occurs or within a certain timeframe after the work is published, you may be eligible for statutory damages and attorney’s fees in case of infringement. This means you can potentially recover more damages without having to prove the actual monetary loss.
Global Protection: Copyright registration in one country often provides a basis for protection in other countries through international copyright treaties and conventions. This can be essential if your work has an international audience.
Market Value: Registered works can have a higher market value, especially in industries where copyright is a significant asset, such as publishing, film, music, and software development. Buyers often prefer works with registered copyrights for their legal security.
Licensing and Royalties: If you plan to license your work or earn royalties from its use, having a registered copyright makes it easier to negotiate deals and ensures you receive appropriate compensation.
Preservation of Rights: Copyright registration can help preserve your rights in the event of your death. It makes it easier for your heirs and successors to inherit and manage your intellectual property rights.
Access to Legal Recourse: If someone infringes on your copyrighted work, having a registered copyright simplifies legal proceedings and strengthens your case in court. It provides a clear legal basis for taking legal action.
Protection Against Importation of Infringing Copies: Copyright registration can help prevent the importation of infringing copies of your work into your country.
In Other words, registering your work under copyright law not only protects your intellectual property but also provides you with legal advantages, financial benefits, and peace of mind, making it a wise choice for creators and artists.
Who Can Claim Copyright For Their Work?
Not everyone can claim copyright for their work.
Let’s explore who has the legal entitlement to obtain copyright protection:
- The Author:
- The author is the individual who actually created the work.
- If the work was created during the scope of employment, the employer is considered the author in a scenario known as ‘work made for hire.’ In this case, the employer holds the copyright.
- The Owner of Exclusive Rights:
- Copyright law provides individuals with the exclusive authority to manage, utilise, and distribute an original piece of work.
- These rights encompass reproducing or making copies of the work, distributing copies, publicly displaying the work, performing the work, and creating derivatives.
- The person possessing these exclusive rights can apply to register their claim to the work.
- The Copyright Claimant:
- The copyright claimant could be either the author or a person/organisation that has acquired ownership rights from the author through a written contract or a will.
- The Authorised Agent:
- This refers to any person authorised to act on behalf of the author, copyright claimant, or owner of an exclusive right.
It’s important to note that there is no age restriction for obtaining copyright protection. Minors are also entitled to register a copyright because copyright law acknowledges creativity without age limitations.
Additionally, if a work is created by multiple individuals, they are considered co-owners by default unless they have established a different agreement among themselves.
Required Documents for Copyright Registration
Before we delve into the registration process under the Indian Copyright Act of 1957, it’s essential to understand the necessary documents needed for a seamless registration.
While specific requirements may vary based on the type of work, the fundamental documents include:
- Copies of the Work:
- If the work is published, provide 3 copies.
- For unpublished works, submit 2 copies of the manuscripts.
- Power of Attorney or Vakalatnama:
- If an attorney is filing the application, include a special power of attorney or vakalatnama signed by both the attorney and the party.
- Authorisation for Non-Applicant Work:
- If the work isn’t created by the applicant, include authorisation documents.
- Work Details:
- Specify the title and language of the work.
- Applicant Information:
- Include the name, address, nationality, mobile number, and email address of the applicant.
- Author Information:
- If the applicant isn’t the author, provide basic details about the author, including name, address, nationality, and, if deceased, the date of death.
- No-Objection Certificates (NOCs):
- If the work will be used on a product, obtain an NOC from the trademark office.
- If the applicant isn’t the author, secure an NOC from the author. Authorisation from the author may also be necessary.
- Model Release (for Photos):
- If a person’s photo appears in the work, obtain an NOC from that individual.
- Publisher’s NOC (if applicable):
- If the publisher is not the applicant, provide an NOC from the publisher.
- Publication Information:
- For published works, specify the year and address of the first publication.
- Include details about subsequent publications, including the year and country.
- Software Copyright (if applicable):
- When applying for copyright for software, it is necessary to include both the source code and object code.
These documents are crucial for a smooth copyright registration process under the Indian Copyright Act, 1957.
How to Obtain Copyright Registration in India: Step-by-Step
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.
Note: You can check the status of a copyright registration application at any point by visiting the https://aurigaaccounting.in/
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.
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:
Financial Records Preparation: Auriga Accounting can help gather and organise financial records related to the creation and ownership of the copyrighted work. This information might be needed during the registration process.
Cost Analysis: Auriga Accounting can assist in determining the costs associated with creating the copyrighted work. This information might be relevant for copyright registration and related tax purposes.
Tax Implications: Auriga Accounting can advise on the tax implications of owning copyrights, especially if the copyrighted work generates income. They can help in understanding tax deductions and obligations related to copyright revenue.
Business Structure: For businesses involved in creative work, accountants can advise on the appropriate business structure (e.g., sole proprietorship, LLC, corporation) concerning copyright ownership.
Royalty Management: If the copyrighted work generates royalties, Auriga Accounting Private Limited have best accountants, that can help manage and track these payments. They can ensure that the creators receive the appropriate compensation and that the income is reported correctly for tax purposes.
Compliance and Reporting: Auriga Accounting can assist in ensuring that the business or individual complies with all financial reporting requirements related to the copyrighted work, including tax filings and royalty reporting.
It’s important to note that while Auriga Accounting private limited can provide valuable financial guidance, the legal aspects of copyright registration should be handled by intellectual property attorneys or experts in copyright law. These legal professionals can guide individuals and businesses through the complexities of copyright registration, rights protection, and infringement issues.
