CALL NOW +91 – 8800110989 In today’s digital world which is buzzing with Artificial Intelligence safeguarding creation is becoming challenging day by day. Creative copies getting leaked or misused or distributed without permission have become quite common. Hence the creators need to leverage the power of copyright protection and safeguard their creation. The copyright law applies to various forms of creative work like literature, music, art, film, and software. The copyright law is very important from the perspective of bringing innovation and creativity to the society as it aims to protect the years of hard work and punishes any unauthorized use. The protection offered by copyright law encourages the creator of original work to keep investing their time and effort in original creative work. Though the copyright registration is not mandatory for getting copyright protection but offers several other benefits, it creates a public record and global protection against unauthorized use. In this article we explore some of the nuances of copyright registration in India.
What is Copyright Registration?
Copyright registration is a legal provision that recognizes the rights of intellectual property owners. The registration process allows safeguarding the original work and getting the ownership recognized with the competent authorities. Majorities of the countries recognize and provide the creator of original work such as creative works like literary works, musical compositions, artistic creations, and software protection of copyright on creation.
Importance of Copyright Registration for Creators’ Rights Protection:
Though the copyright registration is not mandatory requirement for getting a copyright protection but it comes with host of benefits
Supports Your Claim On Original Work: Having a copyright registration completed for your original work supports your claim over the original work in case of any dispute. It serves as concrete proof of ownership in case you are considering legal action against unauthorized use of the work.
Public Record: Copyright registration saves the original creator from potential copyright infringement by creating a public record of ownership.
Presumption of Validity: The copyright registration gives the creator upper hand in case the dispute goes to court as the court is likely to give validity to the copyright registration that means the challenging party has to prove their case.
Global Protection: The copyright registration can provide you protection in the global market as well as the jurisdiction of some country can recognize and allow protection against unauthorized use.
Copyright Works As An Asset: Copyright works as an asset for the creators as an intellectual property asset, the rights can be traded, adding a financial dimension to the creator’s portfolio.
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What Can be Copyrighted?
Copyright registration helps in protecting a wide range of original and creative work; there are six defined categories under which copyright protection can be given.
Literary Works: Under this category written works like novels, poems, essays, articles, and similar creations.
Musical Works: Musical creation by artist can be copyrighted under this category. Due to fast globalization and digitization musical composition, song lyrics and musical notations have become vulnerable to unauthorized use, this category allows copyright protection for these works.
Artistic Works: Visual arts like paintings, sculptures, drawings, and similar artistic works are covered for copyright under this category.
Cinematography Films: This category provides protection to films and related audiovisual projects from unauthorized use.
Sound Recordings: Recordings of music, spoken word, or other sounds are protected as sound recordings under this category of copyright.
Computer Programs, Tables, and Compilations: Original software code and programs receive their protection in this segment of copyright law.
Conditions for Granting Copyright Registration:
Fixation in a Tangible Form: The original creator is entitled for copyright registration only for the work which is tangible. Any idea or concept which is not fixed or materialized into a tangible form is not eligible for copyright registration
Originality Requirement: Any creator seeking to register copyright can only request it for original work. Any replication of existing work will result in rejection of the copyright. Uniqueness nor quality are not a requirement for the copyright protection to be granted, even the bad but original work is subject to copyright protection.
The Work Should Be Creative: One of the conditions to gain copyright over the original work is creativity. The work has to be creative and it must exhibit creativity and originality in order to become eligible for copyright registration.
Nationality or Domicile: The person seeking copyright registration for his or her work should be a citizen of India. In case of book publication the rules have two nuances
- In case of death the author must be holding Indian citizenship at the time of death
- If the work is already published in India then the author must hold Indian citizenship at the time of publication.
Copyright registration process in India:
In this section of the article we will explain the process or copyright registration in India
Perform A Quick Check Before Applying: Before you apply for copyright registration you need to check your work against the concept of originality as only original work is protected, you should not submit any idea for copyright registration as it is considered as non tangible. Once the eligibility for copyright has been established you can start following the next step.
Submission of Application: Now you need to draft an application which is in compliance with governing law and as per the form provided in form XIV. Since it is a very important document, attention to details and accuracy is required, it is advisable to take the help of a professional
Issuance of Diary Number: After you submit the application to the relevant government office the registrar will provide you with a Diary Number, after which your work will undergo an observation period of 30 days.
Handling of Copyright Objections: If your submitted work does not see any objection during the 30 period then your application will be scrutinized for inconsistencies. After the scrutiny, If deemed satisfactory, the scrutinizer proceeds with registration and provides the registrar an extract for the Register of Copyright.
Resolution of Objections: Should objections arise, both the copyright claiming party and party raising objection against copyright will receive a notification. The notification will clearly outline the specific objections. Following this, a subsequent hearing will be arranged to discuss and resolve these concerns.
Application Scrutiny: After hearing is conducted the scrutinizer will evaluate the application based on the information available and will decide upon the endorsement or rejection of the copyright application.
Granting of Copyright Registration Certificate: Once the scrutiny has been completed and the application has been approved the governing authority issues copyright certification. Usually the copyright certification is dispatched through mail and the whole procedure can take up to 2 to 3 months.
How Insaaf99 Simplifies Registration for Indian Creators
Insaaf99, as an online legal consultation platform that uses technology to bridge the gap between individuals seeking legal assistance and legal experts.Insaaf99 significantly simplifies copyright registration process in India for creators by providing expert legal guidance through its online services. Our lawyers specialized in intellectual property law, including copyright registration. and make sure your work meets the established eligibility criteria and you navigate the complexities of copyright registration smoothly. We assist in filling out the application forms correctly and compiling necessary materials and reduce the chance of rejection by keeping it error free. We also help creators in situations if their work is faced with any objection. Insaaf 99 offers expert guidance, documentation assistance, online support, and legal protection.
Also Read :- Safeguarding Your Creative Work: Consult With Best Copyright Lawyers in Delhi
Conclusion:
Copyright registration is a very crucial step if you are a creator, by safeguarding the original owner against unauthorized use it encourages innovation and creativity. The copyrights are not just for safeguarding the original creator against unauthorized use; it can also be considered as an asset, as by selling rights of the original work for distribution or recreation the owner can improve their financial portfolio. You can register your copyright online with the help of the experts at Insaaf99, we will ensure smooth registration of your copyright online, easily, and quickly.
Frequently Asked Questions
Who is eligible to apply for copyright registration in India?
Any individual or entity that has created original literary, artistic, musical, or dramatic works is eligible to apply for copyright registration in India.
What is the process of copyright registration?
Meet the established eligibility criteria with original work and submit the application face and resolve any objection raised, once the application is approved by the relevant governing authority copyright certificate will be issued.
Documents required for copyright registration?
Following document are required for copyright registration in India
Completed Form XIV, copies of your original work and proof of ownership.
What are the benefits of copyright registration?
Copyright registration serves as a concrete proof of your ownership. This strengthens your legal position if someone copies or uses your work without permission. Registration can make it easier to pursue legal action and claim compensation for infringement.
What are the rights conferred by copyright registration in India?
Copyright registration grants the owner exclusive rights to reproduce, distribute, perform, display, and adapt the copyrighted work. It also provides legal remedies in case of infringement, including the right to sue for damages and injunctions.
