Online Copyright Registration In India- An Overview

Copyright protection is crucial for creators in India, safeguarding their original works from unauthorised copying or use. Fortunately, India offers a convenient online system for registering copyrights, making the process accessible and efficient.

What is Copyright?

Copyright is a type of intellectual property law that protects original works of authorship. It gives the creator of a work the exclusive right to control how it is used, including the right to:

• Reproduce the work (make copies)
• Distribute the work (sell, rent, or lend it)
• Create derivative works (adapt or modify them)
• Perform the work publicly (play, display, or recite it)
• Display the work publicly (exhibit it)

• Copyright protection automatically applies to an original work as soon as it is fixed in a tangible form, such as written down on paper, recorded on audio or video, or saved as a computer file. Registration with the copyright office is not required, but it provides additional benefits, such as the ability to sue for copyright infringement in court.

Define Original Work

An original work is independently created by the author and possesses a minimal degree of creativity. It does not need to be novel or unique, but it must be more than a copy of someone else’s work. Examples of original works include:

• Literary works: books, articles, poems, plays, screenplays
• Musical works: songs, compositions, recordings
• Artistic works: paintings, sculptures, photographs, drawings, architectural works
• Dramatic results: plays, screenplays, choreography
• Sound recordings: music, audiobooks, podcasts
• Motion pictures: films, videos
• Software: computer programs, apps

Eligibility for Copyright Registration in India

To be eligible for copyright registration in India, a work must meet the following criteria:

1. Originality: The work must be original, meaning it must be the result of the author’s independent creative effort and not a mere copy of someone else’s work.

2. Tangible Form: The work must be fixed in a tangible form, such as written down on paper, recorded on audio or video, or saved as a computer file.

3. Eligible Work Categories:: The work must fall within one of the categories of works protected by copyright law in India, which include:

• Literary works (books, articles, poems, plays, etc.)
• Dramatic works (plays, screenplays, choreography, etc.)
• Musical works (songs, compositions, recordings, etc.)
• Artistic works (paintings, sculptures, photographs, drawings, architectural works, etc.)
• Cinematographic films
• Sound recordings
• Software

Benefits of Copyright Registration In India

While copyright protection is automatic in India, registering your copyright has several significant benefits:

• Legal Evidence: Registration provides a public record of your copyright ownership, which can serve as strong evidence in case of infringement.
• Right to Sue for Infringement:– You cannot initiate legal proceedings for copyright infringement in India unless your work is registered.
• Presumption of Ownership: In court, a registered copyright is presumed to be valid, which places the burden of proof on the alleged infringer to demonstrate otherwise.
• Monetary Damages and Statutory Remedies: Registration enables you to seek enhanced monetary damages and statutory remedies in case of infringement.
• Deterrence: The mere fact of registration can act as a deterrent to potential infringers, as it signals your intent to protect your work.
• Customs Protection: You can record your copyright with Indian Customs to prevent the import of infringing copies of your work.
• International Recognition: While registration is not mandatory for international protection, it can facilitate enforcement of your rights in other countries that have reciprocal copyright agreements with India.

What Can You Copyright? Understanding the Categories

Copyright law protects a wide range of creative works, including:

• Literary works: Books, articles, poems, plays, screenplays, manuscripts, blogs, letters, emails, and other written works
• Dramatic works: Plays, screenplays, scripts, choreography, pantomimes, and other works intended for performance
• Musical works: Songs, compositions, recordings, sheet music, arrangements, and other works incorporating music
• Artistic works: Paintings, sculptures, drawings, photographs, architectural works, maps, charts, plans, engravings, etchings, lithographs, broadcasts, and other works of visual arts
• Cinematographic films: Movies, videos, and other audio-visual works
• Sound recordings: Recordings of music, speech, or other sounds, such as audiobooks, podcasts, and music albums
• Software:Computer programs, apps, and other works of software code

Rights of Copyright Owners

Copyright owners have the exclusive right to:

• Reproduce the work: Make copies of the work in any form, including physical copies, digital copies, or audio-visual recordings.
• Distribute the work: Sell, rent, lease, lend, or otherwise distribute copies of the work to the public.
• Create derivative works: Adapt or modify the work to create a new work, such as a translation, adaptation, or abridgement.
• Perform the work publicly: Perform the work in a public setting, such as a concert, play, or film screening.
• Display the work publicly: Exhibit the work in a public place, such as a gallery, museum, or website.
• Communicate the work to the public: Transmit or broadcast the work to the public, such as through radio, television, or the Internet.

Documents Required for Copyright Registration in India

Artistic Works:

• Application Form: Duly filled and signed application form.
• NOC from Artist: If the work is commissioned, a No Objection Certificate (NOC) from the artist may be required.
• Authorship Declaration: A declaration stating the authorship of the artistic work.

Cinematograph Film:

• Application Form: Completed and signed application form.
• NOC from Scriptwriter and Music Composer: If different from the filmmaker, a No Objection Certificate from the scriptwriter and music composer.
• Details of Film: Synopsis, dialogue, and music details.

Music:

• Application Form: Duly filled and signed application form.
• Sheet Music or Notation: Sheet music or musical notation of the composition.
• NOC from Lyricist and Composer: If different from the copyright applicant, a No Objection Certificate from the lyricist and composer.

Literary/Dramatic Works:

• Application Form: Completed and signed application form.
• Manuscript or Copy of Work: A copy or manuscript of the literary or dramatic work.
• NOC from Publisher: If the work is published, a No Objection Certificate from the publisher may be required.

Sound Recording:

• Application Form: Duly filled and signed application form.
• Copy of Sound Recording: A copy of the sound recording for which copyright protection is sought.
• NOC from Producer: A No Objection Certificate from the producer, if applicable.

Copyright Registration Process in India

Here’s a step-by-step process for registering your copyright in India:

File an Application:

• Obtain Form XIV from the Copyright Office website or local office.
• Fill in details about your work, ownership claims, and contact information.
• Attach required documents (soft copies of the work, payment proof, NOCs if needed).
• Submit the application online or physically at the Copyright Office.

Pay the Fee:

• Pay the applicable fee (varies based on work type) through an online payment gateway or demand draft.

Submit Copies of Your Work:

• For online applications, upload soft copies in specified formats (PDF, MP3, MP4, etc.).
• For physical applications, send copies to the Copyright Office.

Examination:

• The Copyright Office examines your application for completeness and compliance.
• If deficiencies are found, you’ll be notified to rectify them.

Registration:

• If approved, your work is registered, and you receive a Certificate of Registration.
• The registration is valid for the author’s lifetime plus 60 years.

How to Check Copyright Status in India?

1. Visit the Copyright Office website

2. Click on E-Register of Copyrights.

• Search by Diary Number: If you have it from your application.
• Work Title: Enter the title of the work.
• Author Name: Enter the author’s name.

View the status and details of the copyright registration if found.

Different Statuses: Copyright Registration Procedure

Common statuses you may encounter during the registration process:

• Received Application: The application has been received and is pending examination. Work Awaited: Copyright Office is awaiting copies of the work.
• Hearing: An objection has been raised, and a hearing is scheduled.
• Objected: The application has been objected to, and further action is required.
• Registered:. The application has been approved, and the copyright is registered.
• Certificate Issued: Certificate of Registration has been issued.

Copyright Registration Protection and Validity

Protection: Copyright protection in India arises as soon as a work is created and fixed in a tangible form. However, registration enhances this protection by providing several benefits:

• Prima facie evidence of ownership in court
• Prerequisite for initiating infringement suits
• Basis for seeking statutory damages and remedies
• Deterrent against infringement
• Public record of ownership

Validity: Copyright registration in India is valid for the author’s lifetime plus 60 years. For works of joint authorship, the duration is 60 years from the death of the last surviving author. For anonymous and pseudonymous works, the duration is 60 years from the date of publication.

Copyright Objection

Grounds for Objection:

• Applicant is not the rightful owner of the copyright.
• Work is not original or does not qualify for copyright protection.
• The application contains false or misleading information.
• Other valid grounds based on copyright law.

Procedure:

• Objection must be filed in writing with the Copyright Office.
• Objectors must provide evidence to support their claims.
• A hearing is scheduled to adjudicate the objection.
• Copyright Office issues a final decision after the hearing.

Remedies in Case of Copyright Infringement

Civil Remedies:

• Injunction: Court order restraining the infringer from further violation.
• Damages: Monetary compensation for losses suffered due to infringement.
• Account of Profits: Share of profits earned by the infringer from the infringing activity.
• Delivery-up of Infringing Copies: Confiscation and destruction of infringing copies.
• Costs of the Suit: Recovery of legal expenses incurred in pursuing the case.

Criminal Remedies:

• Imprisonment: Up to 3 years for the first offense, up to 6 years for subsequent offenses.
• Fine: Up to ₹2 lakh for the first offense, up to ₹5 lakh for subsequent offenses.

Lawful Use of Copyrighted Work Without Permission

While copyright law grants exclusive rights to creators, it also recognises certain exceptions that allow for limited use of copyrighted material without the need for express permission from the copyright owner. These exceptions are designed to balance the rights of creators with the public’s interest in access to information and creative expression. Here are the key lawful uses of copyrighted work without permission in India:

1. Fair Dealing:

• Purposes: Criticism, review, reporting current events, research, private study, teaching, judicial proceedings.
• Conditions: Use must be fair, proportionate, and not harm the commercial interests of the copyright owner.
• Examples: Quoting excerpts for a book review, using a song clip for a news report, copying a portion of a text for research.

2. Educational Use:

• Purpose: Non-commercial educational activities within a classroom or institution.
• Conditions: Use must be limited to the extent required for educational purposes.
• Examples: Showing a film in class for discussion, photocopying a textbook chapter for students.

3. Parody or Satire:

• Purpose: To criticise, ridicule, or comment on the copyrighted work or social issues.
• Conditions: The parody must be transformative and not merely a copy of the original work.
• Examples: Creating a parody song or video, using copyrighted characters in a satirical skit.

4. Public Performance for Religious Ceremony or Charitable Events:

• Purpose: Non-commercial religious ceremonies or charitable events.
• Conditions: Performance must be part of the ceremony or event, not for entertainment purposes.
• Examples: Playing music during a religious service, screening a film at a charity fundraiser.

5. Use by Libraries and Archives:

• Purpose: Preservation, lending, research, private study.
• Conditions: Libraries and archives can make copies of copyrighted works within certain limits for these purposes.

6. Use for People with Disabilities:

• Purpose: To make copyrighted works accessible to people with disabilities.
• Conditions: Organisations serving people with disabilities can make accessible formats (e.g., Braille, audio recordings).

7. Incidental Use:

• Purpose: Unintentional or incidental inclusion of copyrighted material in another work.
• Conditions: Use must be brief, unintentional, and not the primary focus of the new work.
• Examples: A copyrighted song playing in the background of a street scene in a film.

8. Government Use:

• Purpose: Government use for official purposes such as legislation, judicial proceedings, public records.

9.Quoting from a Published Work:

• Purpose: To support one’s arguments or opinions.
• ConditionsQuotation must be short, relevant, and properly attributed.

Copyright Registration Fee Structure

Trademark vs Copyright vs Patent

Why Choose AccountsWaale for Copyright Protection?

• Our IP experts will guide you from end to end of copyright registration procedure.
• All the forms and the application will be filled out by experts and submitted on your behalf so that you don’t have to bear the pain yourself
• The entire process is online and you can upload all the details and documents to a user-friendly dashboard
• Your work and data are safe and secure with us
• Our support team is available to answer any questions you might have.