Copyright Registration

Overview of Online Copyright Registration in India

Copyright protection holds immense importance for creators in India, shielding their original creations from unauthorized replication or utilization. Thankfully, India provides a user-friendly online platform for copyright registration, ensuring accessibility and streamlining the registration process.

Understanding Copyright

Copyright stands as a facet of intellectual property law aimed at safeguarding original works of authorship. It grants creators exclusive rights over their works, including the authority to:

Reproduce the work (create copies)
Distribute the work (sell, rent, or lend it)
Create derivative works (adapt or modify them)
Perform the work publicly (present, display, or recite it)
Display the work publicly (showcase it)

Copyright protection naturally extends to an original work once it is fixed in a tangible form, whether written on paper, recorded in audio or video formats, or saved digitally as a computer file. While registration with the copyright office isn’t obligatory, it offers additional advantages, such as the ability to pursue legal action for copyright infringement in court.

Defining Original Work

An original work refers to a creation produced independently by the author and exhibiting a basic level of creativity. It doesn’t necessitate novelty or uniqueness but must surpass mere replication of another’s work. Examples of original works encompass:

Literary works: books, articles, poems, plays, screenplays
Musical works: songs, compositions, recordings
Artistic works: paintings, sculptures, photographs, drawings, architectural works
Dramatic outcomes: plays, screenplays, choreography
Sound recordings: music, audiobooks, podcasts

Criteria for Copyright Registration Eligibility

To qualify for copyright registration in India, a work must fulfill the following prerequisites:

Originality: The work must exhibit originality, demonstrating the author’s independent creative effort rather than being a mere reproduction of another’s work.
Tangible Form: The work needs to be fixed in a tangible form, whether written on paper, recorded in audio or video formats, or stored as a digital file.
Eligible Work Categories: The work must fall under one of the categories protected by copyright law in India, which encompass:
- Literary works (books, articles, poems, 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

Advantages of Copyright Registration in India

Although copyright protection is inherent in India, registering your copyright offers several notable benefits:

Legal Evidence: Registration establishes a public record of your copyright ownership, serving as compelling evidence in infringement cases.
Right to Sue for Infringement: Without copyright registration, initiating legal action for infringement in India is not possible.
Presumption of Ownership: In court, a registered copyright is presumed valid, shifting the burden of proof to the alleged infringer.
Monetary Damages and Statutory Remedies: Registration empowers you to pursue increased monetary damages and statutory remedies when infringement occurs.
Deterrence: Merely registering signals your commitment to safeguarding your work, potentially deterring would-be infringers.
Customs Protection: Recording your copyright with Indian Customs can prevent the importation of infringing copies of your work.
International Recognition: While not obligatory for international protection, registration can facilitate enforcing your rights in countries with reciprocal copyright agreements with India.

What Can You Copyright?

Literary works: This includes books, articles, poems, plays, screenplays, manuscripts, blogs, letters, emails, and other written compositions.
Dramatic works: Encompassing plays, screenplays, scripts, choreography, pantomimes, and other creations designed for performance.
Musical works: Covering songs, compositions, recordings, sheet music, arrangements, and any other works incorporating music.
Artistic works: Encompassing paintings, sculptures, drawings, photographs, architectural designs, maps, charts, plans, engravings, etchings, lithographs, broadcasts, and other visual arts.
Cinematographic films: Including movies, videos, and other audio-visual productions.
Sound recordings: Encompassing recordings of music, speech, or other sounds, such as audiobooks, podcasts, and music albums.
Software: This category involves computer programs, applications, and other works of software code.

Rights of Copyright Owners

Reproduce the work: This involves creating copies of the work in any format, whether physical, digital, or audio-visual recordings.
Distribute the work: Owners can sell, rent, lease, lend, or otherwise distribute copies of the work to the public.
Create derivative works: Owners can adapt or modify the work to produce new works, such as translations, adaptations, or abridgments.
Perform the work publicly: Owners can present the work in public settings, such as concerts, plays, or film screenings.
Display the work publicly: Owners can showcase the work in public venues, including galleries, museums, or websites.
Communicate the work to the public: Owners can transmit or broadcast the work to the public via mediums such as radio, television, or the Internet.

Required Documents for Copyright Application

Artistic Works:

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

Cinematograph Film:

Application Form: A completed and signed application form.
NOC from Scriptwriter and Music Composer: If different from the filmmaker, NOCs from the scriptwriter and music composer.
Details of Film: Synopsis, dialogue, and music details.

Music:

Application Form: A completed 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, NOCs from the lyricist and composer.

Literary/Dramatic Works:

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

Sound Recording:

Application Form: A completed 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

To register your copyright in India, follow these step-by-step procedures:

File an Application:
- Obtain Form XIV from the Copyright Office website or local office.
- Fill in details regarding your work, ownership claims, and contact information.
- Attach required documents, including soft copies of the work, payment proof, and NOCs if necessary.
- Submit the application either online or physically at the Copyright Office.
Pay the Fee:
- Pay the applicable fee, which varies based on the type of work, through an online payment gateway or demand draft.
Submit Copies of Your Work:
- For online applications, upload soft copies in specified formats such as PDF, MP3, MP4, etc.
- For physical applications, send copies directly to the Copyright Office.
Examination:
- The Copyright Office conducts an examination of your application to ensure completeness and compliance.
- If any deficiencies are identified, you’ll be notified to rectify them.
Registration:
- Upon approval, your work is registered, and you will receive a Certificate of Registration.
- The registration remains valid for the author’s lifetime plus 60 years.

Checking Copyright Status in India

o check the copyright status in India, follow these steps:

Visit the Copyright Office website.
Click on “E-Register of Copyrights” to access the registration portal.
View the status and details of the copyright registration if available.

You can search using the following methods:

Search by Diary Number: If you have the diary number from your copyright application.
Work Title: Enter the title of the work.
Author Name: Enter the name of the author.

Various Statuses in Copyright Registration Procedure e

Throughout the registration process, you may encounter the following common statuses:

Received Application: The application has been received and is awaiting examination.
Work Awaited: The Copyright Office is waiting for copies of the work to proceed with examination.
Hearing: An objection has been raised, and a hearing is scheduled to address it.
Objected: The application has been objected to, requiring further action to resolve the issue.
Registered: The application has been approved, and the copyright is officially registered.

Copyright Registration Protection and Validity

Protection: Copyright protection in India begins as soon as a work is created and fixed in a tangible form. However, registration amplifies this protection by offering several advantages:

Acts as prima facie evidence of ownership in court.
Serves as a prerequisite for initiating infringement suits.
Forms the basis for seeking statutory damages and remedies.
Acts as a deterrent against infringement.
Provides a public record of ownership.

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

Copyright Objection

Grounds for Objection: Objections to copyright registration may be raised on various grounds, including:

Applicant is not the rightful owner of the copyright.
Work lacks originality or does not meet the criteria for copyright protection.
The application contains false or misleading information.
Other valid grounds based on copyright law.

Procedure: The process for filing objections follows these steps:

Written Objection: Objectors must submit a written objection to the Copyright Office.
Evidence Submission: Objectors should provide evidence to substantiate their claims.
Hearing: A hearing is scheduled to address and adjudicate the objection.
Final Decision: Following the hearing, the Copyright Office issues a final decision regarding the objection.

Remedies in Case of Copyright Infringement

Civil Remedies: In cases of copyright infringement, civil remedies include:

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

Criminal Remedies: For more severe cases, criminal remedies may apply, including:

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

Lawful Use of Copyrighted Work Without Permission

While copyright law grants creators exclusive rights, it also acknowledges exceptions allowing limited use of copyrighted material without express permission. These exceptions balance creator rights with public access to information and creative expression. Here are key lawful uses in India:

Fair Dealing:
- Purposes: Criticism, review, reporting current events, research, private study, teaching, judicial proceedings.
- Conditions: Fair, proportionate use not harming the copyright owner’s commercial interests.
- Examples: Quoting for book reviews, using song clips in news reports, copying text for research.
Educational Use:
- Purpose: Non-commercial educational activities within classrooms or institutions.
- Conditions: Limited to educational needs.
- Examples: Screening films for discussion, photocopying textbook chapters.
Parody or Satire:
- Purpose: Critique, ridicule, or comment on the original work or social issues.
- Conditions: Transformative and not a mere copy.
- Examples: Creating parody songs, using copyrighted characters in satirical skits.
Public Performance for Religious or Charitable Events:
- Purpose: Non-commercial religious ceremonies or charitable events.
- Conditions: Integral to the event, not for entertainment.
- Examples: Playing music during religious services, screening films at charity events.
Use by Libraries and Archives:
- Purpose: Preservation, lending, research, private study.
- Conditions: Within set limits for these purposes.
Use for People with Disabilities:
- Purpose: Making works accessible to people with disabilities.
- Conditions: Producing accessible formats (e.g., Braille, audio recordings).
Incidental Use:
- Purpose: Unintentional or incidental inclusion in another work.
- Conditions: Brief, unintentional, not the primary focus.
- Examples: Background music in films.
Government Use:
- Purpose: Official use such as legislation, judicial proceedings, public records.
Quoting from a Published Work:
- Purpose: Supporting arguments or opinions.
- Conditions: Short, relevant, properly attributed quotations.

Copyright Registration Fee Structure

Requesting a license under Articles 31, 31A, 31B, and 32A to republish a ‘literary’, ‘musical’, ‘dramatic’, or ‘artistic’ work:*
- ₹5,000/- per function
To obtain a permit to distribute a cinematograph film (Section 31):
- ₹15,000/- per function
For a license to broadcast any work interlinked to the public (Section 31(1)(b)):
- ₹40,000/- per applicant/per station
Requesting permission to publish a sound recording (Section 31):
- ₹10,000/- per function
To obtain permission to perform any work in public (Section 31):
- ₹5,000/- per function
For a certification to publish or disseminate the work or translation to the public (Section 31A):
- ₹5,000/- per function
To obtain permission to publish any work in any format that is helpful to people with disabilities (Section 31 B):
- ₹2,000/- per function
For a request to verify the production and publication of a translation of a work of fiction or drama in any language (Section 32 & 32-A):
- ₹5,000/- per function
For a copyright registration application in a:
- (a) A work of literature, music, theatre, or other artistic creation: ₹500/- per function
- (b) Provided that in relation to a literary or artistic work that may be used in connection with any items (Section 45): ₹2,000/- per function
For a request to alter copyright information submitted to the Registrar of Copyrights regarding a:
- (a) Drama, literature, music, or other artistic creations: ₹200/- per function
- (b) Provided that in relation to an artistic or literary work that may be used in connection with any goods or products (Section 45): ₹1,000/- per function
For a request to register a cinematographic film’s copyright (Section 45):
- ₹5,000/- per function
For a revision to copyright information filed as a registration request in the Registry of copyrights for cinematograph films (Section 45):
- ₹2,000/- per work
For a copyright registration application for a sound recording (Section 45):
- ₹2,000/- per function
For a copyright registration request for a sound recording (Section 45):
- ₹2,000/- per function
For a registration request for changes to copyright information filed to the registry of copyrights associated with sound recordings (Section 45):
- ₹1,000/- per function
For taking into account index extracts (Section 47):
- ₹500/- per function
Excerpts from the registry of copyrights for consideration (Section 47):
- ₹500/- per function
Excerpts from the registry of copyrights for consideration (Section 47):
- ₹500/- per function
To obtain a certified copy of an index extract from the register of copyrights in accordance with Section 47:
- ₹500/- per copy
To obtain a certified copy of an index extract from the register of copyrights in accordance with Section 47:
- ₹500/- per copy
To obtain a certified copy of an index extract from the register of copyrights in accordance with Section 47:
- ₹500/- per function
For a request to prohibit the importation of counterfeit copies (Section 53) at a single point of entry:
- ₹1,200/- per function

Trademark vs Copyright vs Patent

What’s Protected:
- Trademark: Anything that identifies and distinguishes the source of one party’s commodities from those of another party, whether it be a word, phrase, symbol, or design.
- Copyright: Among other creative works of authorship, there are books, articles, songs, photographs, sculptures, dances, sound recordings, and motion pictures.
- Patent: Inventions, including procedural, manufacturing, compositional, and material machines, as well as upgrades to these.
Requirements for Protection:
- Trademark: A mark needs to be recognizable in the sense that it needs to be able to pinpoint the origin of a particular good.
- Copyright: A work ought to be distinctive, creative, and physically generated.
- Patent: It calls for a brand-new, worthwhile, and interesting invention.
Term of Protection:
- Trademark: Whenever the trademark is used commercially.
- Copyright: Author’s lifespan + 70 years.
- Patent: 20 years.
Rights Granted:
- Trademark: Right to make use of the mark and to forbid third parties from making use of the same mark in a manner that might lead to confusion regarding the source of the products or services.
- Copyright: Copyrighted works have the authority to restrict their use, distribution, performance in public, and display.
- Patent: Right to prevent the patented invention from being manufactured, sold, or imported by others.

Choosing Trademarkwala for copyright protection offers several benefits:

Add Your Heading Text Here

Expert Guidance: Our team of intellectual property (IP) experts will assist you throughout the entire copyright registration procedure, ensuring a smooth process from start to finish.
Professional Handling: All necessary forms and applications will be meticulously filled out by our experts and submitted on your behalf. This relieves you of the burden of navigating the complex paperwork yourself.
Convenient Online Process: The entire copyright registration process is conducted online, providing you with a user-friendly dashboard where you can easily upload all required details and documents.
Security of Your Work: Rest assured that your work and data are safe and secure with us. We prioritize the confidentiality and protection of your intellectual property.
Dedicated Support: Our dedicated support team is available to address any questions or concerns you may have along the way, ensuring a seamless experience and peace of mind throughout the copyright protection process.

Recent updates regarding copyright registration include:

Copyright (Amendment) Rules, 2021: The Copyright (Amendment) Rules, 2021 came into effect on March 30, 2021. These amendments aim to align current rules with other relevant laws, enhance accountability, and promote transparency in copyright processes. Additionally, the amendments focus on improving efficiency by prioritizing electronic methods of communication and operations at the Copyright Office. A new provision introduced includes the publication of a copyrights journal accessible on the Copyright Office’s official website.
Restraining Order by Delhi High Court: The Delhi High Court issued a restraining order against infringing websites. Sony Entertainment, a major media company, obtained an injunction from the Delhi High Court to prevent certain unauthorized websites from illegally broadcasting the International Cricket Series, 2022. Sony Entertainment filed the lawsuit, alleging that the unauthorized telecasts violated their exclusive license to broadcast the series in India, Pakistan, Nepal, Bangladesh, and other countries. The court determined that Sony Entertainment would likely suffer irreparable harm without the injunction, thus ruling in their favor based on the balance of convenience.