Introduction
Copyright is the exclusive right to do or authorization of doing the certain actions in respect of cinematography, literature, software programming, arts, drama, instrumental/musical work, or a sound recording. It does not protect the specific idea or information or content but it protects the form and manner in which it is represented. It is applicable to a wide range of innovative, intellectual, scholarly, or artistic forms or works. Across various countries, these include themes plays, audio recordings, theater, music, musical composition, sculptures, photographs, dances, paintings, drawings, software, movies, dances radio and television broadcasts, designs, industrial design and other literary works. The symbol ‘©’ (the letter C inside a circle) is used by the owner of copyright who has registered for it.
Copyright Registration Procedure
Whether the work is published or not, it can be registered. Applicants can fill in the form for copyright registration online as well as offline.
- An application form has to be registered signed by the applicant and submit the requisite fees.
- After filing the application, a diary number is issued and 30 days waiting time for any objection.
- In the case of any objection, a letter is sent to both the parties and are heard in front of the Registrar of Copyright.
- If the objection is suspended then a verification is done by the Examiner.
- Finally, the application is approved by the registrar, after which a certificate is issued.
A successful completion of the Copyright registrations and making you the first owner of your work legally.
- Power of Attorney can also be given but only with the consent of both the parties. This registration is considered to be one of the easiest and fewer paperwork processes. Fees are prescribed in accordance with the nature of your work.
Note
- Time for Processing Application: It takes mandatory 30 days so that no objection is filed in the Copyright office against your claim that particular work is created or owned by you.
- Scope and Extent of Registration: It covers all published as well as unpublished works.
- The facility of E-filing of the copyright registration is also available.
Registration Process for Published Works
The published work before 21St January 1958, i.e., before the Copyright Act, 1957 came in force, can also be registered, provided the works still enjoy copyright. For this, three copies of published work shall be sent along with the application.
Registration Process for Unpublished Work
- If the unpublished work is to be registered, a copy of the manuscript along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered need to be sent. In case, if you send two copies of the manuscript, one copy with duly stamped will be returned back while the other copy will be restored for record purpose in the office that will be kept confidential.
- The applicant is fee to send just the extract from the unpublished work rather than the whole manuscript and ask for the return copy of the extract duly signed and stamped with the seal of the copyright office.
- If a work has been registered as unpublished and subsequently if it is published, the applicant may apply for changes in particulars in Form V with prescribed fee to copyright Office.
All kinds of literary and artistic works, computer program, and even web site can be copyrighted. Computer Software or program can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programs, tables, and compilations, including computer databases. Hence, computer programs can be registered as a “Literary work”. ‘Source Code’ has also to be given along with the application for registration of copyright for software products. It protection prevents undue proliferation of private products or works and ensures the individual retains significant rights over his creativity and distinctness.
For further help regarding the copyright registration contact us at legalraasta.com.
