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- Copyright Registration
COPYRIGHTS
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time, with the intention of enabling the creator of intellectual wealth (e.g. the photographer of a photograph or the author of a book) to get compensated for their work and be able to financially support themselves. Generally, it is "the right to copy", but also gives the copyright holder the right to be credited for the work, to determine who may adapt the work to other forms, who may perform the work, who may financially benefit from it, and other related rights. It is a form of intellectual property (like the patent, the trademark, and the trade secret) applicable to any expressible form of an idea or information that is substantive and discrete.
The Copyright Act, 1957 came into effect from January 1958. This Act has been amended five times since then, i.e., in 1983, 1984, 1992, 1994 and 1999, with the amendment of 1994 being the most substantial. Prior to the Act of 1957, the Law of Copyrights in the country was governed by the Copyright Act of 1914. This Act was essentially the extension of the British Copyright Act, 1911 to India.
Procedure of Registration of Copyright (Service Industries)
- To apply for search to ascertain, whether any work is on record which is similar to your artistic work.
- If the search is positive, procuring the required documents for application.
- Preparation of Power of Attorney on stamp paper.
- Application for Registration and along with copies of the work.
- Attending to the proceedings and obtaining Provisional Papers after necessary follow up.
Procedure for Registration of Copyright (Other than Service Industries):
- Prior application for Trademark Registration is mandatory for Copyright Registration
- To apply for search to ascertain, whether any work is on record which is similar to your artistic work.
- If the search is positive, procuring the required documents for application.
- Preparation of Power of Attorney on stamp paper.
Check List for the Applicant
Refer this link
Ensure that application is enclosed with prescribed fee by postal order or Demand Draft in favor of ‘Registrar of Copyrights’ payable at New Delhi.
The application (Form IV) including the Statement of Particulars (SoP) and the Statement of Further Particulars (SoFP) should be signed by the applicant only or the advocate in whose favor a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.
Under Rule 16 of the Copyright Rules, 1958, the applicant required to send by pre paid registered post copies of Form IV, SoP&SoFP to every person who claims or has any interest in the subject matter of the copyright or disputes the rights of applicant to it.
Application should contain Form IV, SoP&SoFP and they should be sent in triplicate.
Name, address & nationality of the Applicant should completely filled up in Col.2 of the SoP.
Please clarify in Col.3 of the SoP whether applicant is author/publisher/owner/assignee.
In Col.4 of the SoP please indicate appropriate Class and description of the work.
In Col.5 of the SoP please mention ‘Title of the work’ as it appears in the published form..
In Col.6 of the SoP please indicate Language of the work.
In Col.7 of the SoP please indicate Name, address & Nationality of the Author and if the author is deceased, the date of decease
In Col.8 of the SoP please mention whether the work is published or unpublished.
Please indicate Year and Country of first publication (Name, address and nationality of the publisher) in Col.9 of the SoP.
Please also mention years and countries of subsequent publications if any, and name, addresses and nationalities of the publishers in Col.10 of the SoP.
In Col.11 of the SoP please indicate names, address and nationalities of the owners of various rights comprising the copyright in the work and the extent of rights held by each, together with the particulars of assignments and license, if any. In case applicant himself intends to hold all rights in the work, his particulars are given against Col.2 must be mentioned. In case the applicant is a partnership firm, the names of all the partners and their shares in the copyright may be indicated.
Please indicate in Col.12 of the SoP names, addresses and nationalities of other persons if any, to whom author intends to authorise other persons to assign or license the rights comprising the copyrights.
Please include in Col. 13 of the SoP if the work is ‘Artistic’ the location of the original work, including name and address and nationality of the person in possession of the work, (in case of an architectural work, the year of completion of the work should also be shown).
As per Col.13A, the application should include a certification from the Registrar of Trade Marks in terms of the proviso to Sub-Section (i) of Section 45 of the Copyright Act, 1957, if the work is an Artistic work which is used or is capable of being used in relation to any goods.
Please enclose 5 identical copies of artistic work (identical in size/colour/design) which should be identical with the work attached with Search Certificate (TN-60).
Please intimate the Name, address & Nationality of the Author whose photograph appears on the work. If that person is other than the applicant, a No Objection Certificate, in original may be obtained from the person or from his legal heir (s) if the person is deceased or from the guardian if the applicant is minor and the same may be enclosed with the application.
The itself cannot be the author of a work. Therefore, details of the person(s) who has/have actually created the work as per section 2 (d) of the Copyright Act, 1957 may be furnished. As per Col. 7 of the SoP submitted by you, the author of the work is other than the applicant, please enclose a No Objection Certificate original from the original author(s) clearly indicating that he/she has no objection if the copyright in the work is registered in the name of the applicant(s) and also clarify whether the author is partner/ proprietor/ employee of the applicant. As provided in the Section 15 of the Copyright Act, 1957, please indicate if your work is already registered or capable of being registered under the Designs Act, 2000. If not, please file an affidavit to the effect that the work is not registered/ plied for registration under the Designs Act. If the work is published by a person other than the applicant, a No Objection Certificate in original may be obtained from the person/firm and enclose with application. Please enclose three (3) copies of published work and two (2) copies of unpublished work in case of all classes of work along with your application. Please submit Power of Attorney (POA) if advocate is filling on behalf of the applicant.
The application (Form IV) including the Statement of Particulars (SoP) and the Statement of Further Particulars (SoFP) should be signed by the applicant only or the advocate in whose favor a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.
Under Rule 16 of the Copyright Rules, 1958, the applicant required to send by pre paid registered post copies of Form IV, SoP&SoFP to every person who claims or has any interest in the subject matter of the copyright or disputes the rights of applicant to it.
Application should contain Form IV, SoP&SoFP and they should be sent in triplicate.
Name, address & nationality of the Applicant should completely filled up in Col.2 of the SoP.
Please clarify in Col.3 of the SoP whether applicant is author/publisher/owner/assignee.
In Col.4 of the SoP please indicate appropriate Class and description of the work.
In Col.5 of the SoP please mention ‘Title of the work’ as it appears in the published form..
In Col.6 of the SoP please indicate Language of the work.
In Col.7 of the SoP please indicate Name, address & Nationality of the Author and if the author is deceased, the date of decease
In Col.8 of the SoP please mention whether the work is published or unpublished.
Please indicate Year and Country of first publication (Name, address and nationality of the publisher) in Col.9 of the SoP.
Please also mention years and countries of subsequent publications if any, and name, addresses and nationalities of the publishers in Col.10 of the SoP.
In Col.11 of the SoP please indicate names, address and nationalities of the owners of various rights comprising the copyright in the work and the extent of rights held by each, together with the particulars of assignments and license, if any. In case applicant himself intends to hold all rights in the work, his particulars are given against Col.2 must be mentioned. In case the applicant is a partnership firm, the names of all the partners and their shares in the copyright may be indicated.
Please indicate in Col.12 of the SoP names, addresses and nationalities of other persons if any, to whom author intends to authorise other persons to assign or license the rights comprising the copyrights.
Please include in Col. 13 of the SoP if the work is ‘Artistic’ the location of the original work, including name and address and nationality of the person in possession of the work, (in case of an architectural work, the year of completion of the work should also be shown).
As per Col.13A, the application should include a certification from the Registrar of Trade Marks in terms of the proviso to Sub-Section (i) of Section 45 of the Copyright Act, 1957, if the work is an Artistic work which is used or is capable of being used in relation to any goods.
Please enclose 5 identical copies of artistic work (identical in size/colour/design) which should be identical with the work attached with Search Certificate (TN-60).
Please intimate the Name, address & Nationality of the Author whose photograph appears on the work. If that person is other than the applicant, a No Objection Certificate, in original may be obtained from the person or from his legal heir (s) if the person is deceased or from the guardian if the applicant is minor and the same may be enclosed with the application.
The itself cannot be the author of a work. Therefore, details of the person(s) who has/have actually created the work as per section 2 (d) of the Copyright Act, 1957 may be furnished. As per Col. 7 of the SoP submitted by you, the author of the work is other than the applicant, please enclose a No Objection Certificate original from the original author(s) clearly indicating that he/she has no objection if the copyright in the work is registered in the name of the applicant(s) and also clarify whether the author is partner/ proprietor/ employee of the applicant. As provided in the Section 15 of the Copyright Act, 1957, please indicate if your work is already registered or capable of being registered under the Designs Act, 2000. If not, please file an affidavit to the effect that the work is not registered/ plied for registration under the Designs Act. If the work is published by a person other than the applicant, a No Objection Certificate in original may be obtained from the person/firm and enclose with application. Please enclose three (3) copies of published work and two (2) copies of unpublished work in case of all classes of work along with your application. Please submit Power of Attorney (POA) if advocate is filling on behalf of the applicant.
Fee Details
FEE CAN BE PAID BY POSTAL ODER /DEMAND DRAFT PAYABLE TO "REGISTRAR OF COPYRIGHTS, NEW DELHI " :
| S.No. | For an application for COMPULSORY LICENSE | Fee |
| 1 | For a license to republish a Literary, Dramatic, Musical or Artistic work (Sections 31, 31A,31B* and 32A) | Rs. 5,000/- per work |
| 2 | For a license to communicate an any work to the public by Broadcast(Section 31(1)(b)) | Rs. 40,000/- per applicant/per sataton |
| 3 | For license to republish a Cinematograph Film (Section 31) | Rs. 15,000/- per work |
| 4 | For a license to republish a sound recording (Section 31) | Rs. 10,000/- per work |
| 5 | For a license to perform any work in public (Section 31) | Rs. 5,000/- per work |
| 6 | For a license to publish or communicate to the public the work or translation (Section 31A) | Rs. 5,000/- per work |
| 7 | For a license to publish any work in any format useful for person with disability (Section 31 B) | Rs. 2,000/- per work |
| 8 | For an application for a license to produce and publish a translation of a Literary or Dramatic work in any Language (Section 32 & 32-A ) | Rs. 5,000/- per work |
| 8 | For an application for a license to produce and publish a translation of a Literary or Dramatic work in any Language (Section 32 & 32-A ) | Rs. 5,000/- per work |
| 9 | For an application for registration or copyright in a: (a) Literary, Dramatic, Musical or Artistic work (b) Provided that in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods (Section 45) |
Rs. 500/- per work Rs. 2,000/- per work |
| 10 | For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a: (a)Literary, Dramatic, Musical or Artistic work (b)Provided that in respect of a literary or Artistic work which is used or is capable of being used in relation to any goods (Section 45) |
Rs. 200/- per work Rs. 1,000/- per work |
| 11 | For an application for registration of Copyright in a Cinematograph Film (Section 45) | Rs. 5,000/- per work |
| 12 | For an application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45) | Rs. 2,000/- per work |
| 13 | For an application for registration of copyright in a Sound Recording (Section 45) | Rs. 2,000/- per work |
| 14 | For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45) | Rs. 1,000/- per work |
| 15 | For taking extracts from the indexes (Section 47) | Rs. 5,00/- per work |
| 16 | For taking extracts from the Register of Copyrights (Section 47). | Rs. 5,00/- per work |
| 17 | For a certified copy of an extract from the Register of Copyrights of the indexes (Section 47) | Rs. 500/- per Copy |
| 18 | For a certified copy of any other public document in the custody of the Register of Copyright or Secretary of the Copyright Board | Rs. 500/- per Copy |
| 19 | For an application for prevention of importation of infringing copies (Section 53) per place of entry | Rs. 1,200/- per work |
Rights of a Copyright holder on Registration
- Your logo, style, font, get-up, color, scheme of your brand name cannot be copied by any other business firm.
- The registration certificate is valid for lifetime of the Proprietor of the brand name.
- If the Copyrighted work is infringed it is a cognizable offence i.e. one can directly file a police complaint to stop the misuse of the work.
- If the Copyright Registration is done, the complaint / civil suit can be filed at the place where the owner of the Copyright is situated. For Example: if you are situated at Mumbai and some other person is copying your brand name at, say New Delhi. You can file a case at Mumbai. The person who has infringed your brand name will have to appear at the court at Mumbai.
- To reproduce the work in any material form including the storing of it in any medium including electronic means.
- To perform the work in public, or communicate it to the public.
- To make any cinematograph film or sound recording in respect of the work.
- To make any translation of the work.
- In case of computer programme the rights also includes to sell or give on hire, any copy of the computer programme
Workflow of Registration Process
Different types of work covered under copyright
- Dramatic and musical work (i.e. Drama, Skit, Play, Movie etc.)
- Artistic work (i.e. Logo, monogram, design etc.)
- Software / Computer Programme
- Work of Architecture
- Cinematograph Film
- Sound Recording (i.e. A Cassette or a Record)
- Web site, Web Contents, Home Page.
Who owns Copyright in a work?
In India, the first owner of copyright in a work is the author. If the work is done in course of employment then employee is the first owner, unless there is an agreement to the contrary. Where the work includes material from different owners, or for example is a translation of an original work, several owners may each have copyright in the final work. No objection certificate or relevant transfer documents to be obtained from the employees or appointed designers.
How to publicize my claim to Copyright?
All copyright work should be marked with the International Copyright symbol ©, "All rights reserved" or with the word Copyright, the name of the owner and the date or year the work was created, thus: © BMC 2009. "All rights reserved"
What is the term duration of Copyright protection?
The term of copyright varies according to the nature of work and whether the author is a natural or legal person (e.g.: Company).
- In the case of literary, dramatic, musical or artistic work (other than a photograph), when published during the lifetime of the author, copyright subsists during the lifetime of the author, plus sixty years.
- In the case of photographs, cinematograph films and sounds recordings; the term is sixty years from the date of publication.
- When the first owner of copyright is the government or a public undertaking, the term of copyright is sixty years from the date of publication.
The remedies available to the owner for copyright infringement
Courts are empowered to grant the following relief in case of infringement of copyright:
- Temporary and permanent injunction (Prohibition to continue the act of infringement).
- Impounding and destruction of all infringing copies.
- Actual monetary damages plus the infringer’s profits
- Statutory Costs - Court charges and reasonable attorneys’ fees.
- The Court trying any offence, under the Copyright Act may, whether the alleged offender is convicted or not, order that all copies of the work in the possession of the alleged offender, which appear to be infringing copies be delivered up to the owner of copyright.
- In addition to civil remedy, the Copyright Act enables the owner of a copyright to take criminal proceedings against the infringer.
- The offence of infringement of copyright is punishable with imprisonment which may extend from a minimum period of six months to a maximum period of three years and a fine of Rs 50,000 to Rs 2 lakh.