Copyright acquisition is voluntary and copyright comes into existence as soon as the work is created however, certificate of registration may serve as evidence in the court for dispute relating to ownership of copyright.
Copyright registration is required to protect your original artistic, literary work, music, video, jingles, website, mobile app and software from infringement and being copied. Copyright registration provides protection to the intellectual work of owner & ensures that originality is honored. Now, become a legal owner of your creative work.
Copyright provides protection to the original works of the author. Copyright is basically an intellectual property right confers upon its owner. Any other individual or entity can use original work (like books, scripts, even software, artistic, cinematography, recordings, computer programming etc.) of the creator with his/ her permission only. Companies often copyright instruction manuals, Website content, product literature, brochure, and user guides. Copyrights are also transferable.
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Cinematography film
Sound recording
Musical work & Sound recording
Artistic work like paintings, photographs
Original literary others
Books
Computer programs
Website
Broadcasts on Radio and Television
Published editions
Registration guarantees legal protection guards goodwill and restricts unlawful reproduction of the work of the inventor. Global protection as the copyright in India is known virtually worldwide.
Basic details like Name, Address, and Nationality of the candidate are required before registration.
Candidate must make a soft copy of his/her work and all files optionally in JPEG, JPG or GIF format. If you wish to file a copyright for your computer programs, then you must prepare 4 CDs or DVDs of the particular computer programs.
If you are submitting copyright registration for any artistic work, a clear copyright search certificate has to be taken from the trademark office before submission.
If the candidate is registering copyright through any authorized firm or advocate, the power of attorney rightfully signed by the candidate is mandatory.
A copyright registration benefits in the creation of assets i.e. and intangible assets and can be traded, franchised or commercially contracted.
Name, Address & Nationality of the Candidate – ID proof
NOC from the publisher if work published and publisher is different from the applicant.
Search Certificate from Trade Mark Office (TM -60) if any
NOC from a person whose photograph appears on the work.
Power of Attorney
2 Copies of work
KYC of author
DD/IPO of Rs. per work ((as applicable)
NOC from the author if the candidate is different from the author.
Copyright registration serves as prima facie evidence in the court of law over ownership of the work. Therefore, copyright registration gives the owner legal protection for his/her work.
Registered copyright can be used for marketing and creating a sense of goodwill and quality in the minds of your customer. Registered copyright show others that you care about your work.
Works that are copyrighted in many other countries are accorded similar privileges here in India. Likewise, works copyright registered in India are accorded protection in many foreign countries.
Copyright registration will establish that you are serious about copyright infringement. This will help impede unauthorized reproduction of the work as it provides the owner with a host of legal remedies.
Copyright registration creates an intellectual property, an intangible asset. Registered copyrights are an intellectual property and the rights can be sold, franchised or commercially contracted.
An application (including all the particulars and the statement of the particulars) in the format of FORM IV has to have to be sent to the registrar along with the requisite fees (mentioned in the Schedule 2 of the act.).
A separate application has to be made for separate works
The registrar will issue a Dairy No. and then there is a mandatory waiting time for a period of 30 days for any objections to be received
If there are no objections received within 30 days, the scrutinizer will check the application for any discrepancy and if no discrepancy is there, the registration will be done and an extract will be sent to the registrar for the entry in the Register of Copyright
If any objection is received, the examiner will send a letter to both the parties about the objections and will give them both a hearing.
After the hearing, if the objections are resolved the scrutinizer will scrutinize the application and approve or reject the application as the case may be.
Under the Indian Copyright Act 1957, copyright preserves the social, economic and legal interests of the author. The copyright owner is allowed to retain the following exclusive rights.
The Copyright Act says that no 3rd party can reproduce or make copies of the original work or part of the work unless the copyright owner has authorized to do so. It limits reproduction in the form of printing an edition of a work and recording sound and films.
The copyright creator can choose to use his work whichever way he needs. That is, he/she can build derivatives from the existing work or make new work in the same form or another form based on the original work. The following actions outline the term adaptation as per the Copyright Act:
Copyright owners can make their work open to the public using broadcast or wireless distribution whether in any or more of the forms of symbols or visual images.
The owners of musical work and artistic work can do their works publicly. For example, a musician can play his part or an actor can perform in his play for the crowds. The artists can also choose to advertise their performance on digital platforms.
The Copyright Law grants the moral rights of paternity and integrity to the creators. The right of paternity or attribution indicates that the creator can maintain authorship over his work and have it attached to him. That is, whoever wants to reproduce or change the original work has to provide due credit to the author or else the author has the right to take the actions against the maker. For example, if a person needs to make a movie out of a book, he/she must properly acknowledge the author. The right of integrity preserves the right of the holder and lets him/her claim damages when someone changes, damages or alters his work creating disputation to his name and work.
The copyright holder may distribute his work in any form by reproducing, selling, renting, leasing or lending. He/she can also assign particular rights to a person to either copyright the work partly, entirely or subject to some limitations.
Basis | Copyright | Trademark | Patent |
---|---|---|---|
Meaning | It preserves the expression of ideas like artistic work. Artistic work involves work related to books, paintings, music and computer Programme. Copyright protection benefits in excluding others from using the work. | Trademark preserves any word, symbol, a design that recognizes business and differentiate the brand from others. | The patent guards the invention of the inventor and provides an exclusive right to the inventor over his/her invention and it also eliminates others from using the invention. |
Column 1 Value | Column 2 Value | Column 3 Value | Column 4 Value |
Protection given for | Novel works of authorship like books, articles, songs, photographs, paintings, choreography, sound recordings, motion pictures, etc. | Any word, logo, symbol, mark, phrase that differentiates goods of one party from another. | Features of shape, configuration, pattern, and ornament, the form of lines, colour or blend thereof applied to each article. |
Column 1 Value | Column 2 Value | Column 3 Value | Column 4 Value |
Significance | Expression of Ideas | Identification of brand | Invention |
Govern by | Indian Copyright Act, 1957 | Trade Marks Act, 1999 | Indian Patent Act, 1970 |
Requirements of Registration | The work must be original, creative and must be able of fixing in the tangible form. | The marks needs to be unique. | The design needs to be original and must be referred to the article by any industrial process. |
Exclusions | Others are not permitted copy the work without the permission of the creator. | Stop others from using the same logo/symbol. | Stop others from using the invention without the permission |
Validity Term | The validity time in copyright is 60 years. | The validity time in trademark is 10 years. | The validity time in patent is 20 years. |
Rights provided | Right to control the reproduction, creating of copied works, distribution and public performance and shows of the copyrighted works. | Rights to apply the mark and stop any 3rd person from using the deceptively same mark. | Right to stop others from producing, selling using or importing the patented invention. |
The Copyright Act, 1957 gives protection to the literary, dramatic, musical and artistic works of the creator from the unauthorized use. Copyright offers protection to the expressions and not to the ideas.
No, one cannot apply for Copyright registration in respect of ideas or mathematical concepts. Copyright does not provide protection to the ideas or concepts.
Yes, Copyright registration application can be submitted physically at Plot no. 32, Boudhik Sampada Bhawan, Sector 14, Dwarka, New Delhi – 110075. However physical submission of Copyright registration application is a cumbersome process.
Copyright protection cannot be given to a website as a whole. For this, an applicant has to submit a separate application in respect of each component appearing on a website.
You can search for copyrights by visiting the official websites of copyright office.
The main difference between copyright and trademark is that they protect different types of assets and have different registration requirements.
Copyright acquisition is voluntary and copyright comes into existence as soon as the work is created however, certificate of registration may serve as evidence in the court for dispute relating to ownership of copyright.
Use of the copyright symbol is similar to that of trademark symbol as work does not need to be registered in order to use it.
You can conduct an online search to know if a name is copyrighted. You can check by author’s name if the work is copyrighted.
You can check for a logo online by visiting the official website of the copyright office
Works without originality or creativity to merit copyright protection such as titles, names etc. cannot be copyrighted.
Copyright is valid for the lifetime of the author and for 60 years after the death of the author.
Works that are not in some tangible form of expression, titles, names, slogans, phrases etc cannot be copyrighted.
Yes it may still be a copyright infringement if you use the protected material but don’t make money of it.
It may take about 2 to 3 months to register a copyright in the normal course. The cooperation of the applicant is critical for speedy disposal of the matter.
The copyright of a material is denoted by the symbol “©” or by the word “Copyright”.
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