How to apply for Copyright Protection in India?

copyright-protection

For registering Copyright Registration in India an Applicant must file online Application with the Copyright office. The Applicant must consist of relevant information and shall be filed along with the prescribed fees and documents.

 

Copyright is a kind of Intellectual Property Rights and it helps to protect the creation of the creator of literary, dramatic, musical, artistic and Cinematographic work. Copyright in India is governed by Copyright Act, 1957 along with the Copyright rules, 2013.

 

Step by Step procedure for Copyright protection in India-

 

  1. To begin with the procedure of Copyright Registration in India an applicant must must create his user id on the official portal of Copyright by filing his basic details.
  2. After the successful registration the applicant must login to the official portal for Copyright.
  3. Then after logging in screen will appear in which option for E-filing will appear.
  4. Then finally the Copyright Registration form is required to be filled up in four parts as specified below and and after completing each step the next  button must be pressed i.e. form XIV must be filled by the Applicant and submitted and move on to the next step.
  5. Then an Applicant is required to complete the particulars mentioned in this form and then press save button. In this the details about the creation must be filled like nature, description, class of work etc.

CopyRight Registration Process In India

copyright registration process in india

Copyright Registration Process

 

Copyright is a protection given for Literary, Artistic, dramatic and Musical work and for producers for Cinematographic films and Sound Recording. In fact it is a bundle of right which is given for rights of reproduction, communication to the public, adaptation and translation of the work.  Basically it is a right given to the creators, as India is a developing economy and through new creations only India is getting developed day by day. Therefore it safeguards the rights of the Authors over their creations and thereby creation is protected and Rewarded.

Also Read. : BIS Registration Process In India

 

Copyright Registration process

 

Firstly Application for Copyright Registration  is to be filed by an Applicant, and there should be separate application for each registration if there are more than application and each application should be accompanied with the prescribed fees which is given or provided by the Registry.  And that Application should be firstly signed by an applicant itself and by the Advocate whose Vakalatnama and Power of attorney is attached or has been executed. And that Vakalatnama shall be signed by the party and accepted by the Advocate, and hat acceptance should be enclosed.

 

Then Diary Number is being allotted by the Registry to the Applicant, and after getting your Diary Number you have to wait for he mandatory period of  days so that no objection is raised in the copyright office against your claim that particular work is not created by you.

 

Then if there will be no Objection then there will be scrutinization by the examiner, then after scrutinization they will search for Discrapencies, if no dicrapancy found then copyright registration will be approved by the Registry, but there is any discrapancy found then discrepancy letter will be issued to the Applicant, and reply to that letter will be prepared by the Applicant, and then hearing by the registrar will be conducted then either  approval or rejection for registration will be done.

And if there is an objection raised in the Copyright office hen letter for objection will be served to both the parties, and then reply has to be filed by both the parties, then hearing will be conducted by the Registrar and then application will either be Accepted or rejected , if Application is accepted then check for discrapancy will be conducted and discrapancy is found then letter will be issued to the Applicant and then Applicant will prepare the reply, and then mater will be gone for hearing and then registrar will either accept the application or will reject it.  And finally if the application is approved then Application for copyright will be registered and if rejected then application will be rejected.

Also Read : Trademark registration process in India

 

Therefore through copyright literary, artistic, dramatic and musical work can be copyrighted, you can also file a copyright application for your website or other computer programme, for any computer software and computer programme can be registered as Literary work. And as er section 2(o) of Copyright Act, 1957 literary work includes Computer programme, tables and compilations, including computer databases. Therefore Copyright protection prevents undue proliferation, of private products of work, and ensures that the individual owner retains significant rights over their creations.

 

BIATConsultant is #1 online legal consultant in India serving clients since 2004. .

 

What Does Copyright Protect?

copyright registration online

Copyright is a form of Intellectual property Rights which gives protection to original work of authorship including literary, dramatic, musical, and Artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operations, although it may protect the way these things are expressed. You can refer circular 1, copyright basics, section “what works are protected”.

Can I Copyright My Website?
The original authorship appearing on the authorship can be protected under Copyright. This includes writing, artwork, photographs, and other forms of authorship protected by the copyright. Procedures for registering the contents of a website may be found in circular 66, copyright registration of website and website content.

Can I Copyright My Domain Name?
Copyright law does not protect domain names. The internet corporations for Assigned names and numbers (ICANN), a non-profit Organization that has assumed the responsibility for domain name system management, administers the assigning of domain names through accredited registers.

How Do I Protect My Recipe?
A mere listing of ingredients cannot be protected under copyright law. however, where a recipe or formula is accompanied by substantial literary expression in the form of an explanations and directions, or when there is a collection of recipes as in a cookbook, there may be a basis of copyright protection. Note If you have some secret ingredient in your
recipe then you should not give that recipe for registration as applications and deposit copies are public records.

Can I Copyright The Name Of A Brand?
Brand names are not subject to copyright, although brand names gets protection under Trademark Law.

How Do I Copyright My Idea?
Idea, concept, systems, or methods of doing something cannot be protected under copyright law. You may express your ideas or your concept in writing then you might get protection under copyright law.

Does My Work Have To Be Published To Be Protected?
Publication is not necessary for copyright protection.

How Can I Protect My Sighting Of Elvis?
Copyright law does not protect sightings. However, copyright law will protect your photo, of your sighting of Elvis. File your claim to copyright online by means of Electronic Copyright Office. Pay the fees online and attach a copy of your photo. No one can lawfully use of your photo of your sighting, although someone else can file his own photo of his sighting.
Copyright law protects the original photograph, not the subject of the photograph.

Does Copyright Protects Architecture?
Yes Architecture work is subject to protection under copyright law since December 1, 1990. The copyright law defines Architectural work as “ the design of a building embodied in any tangible medium of expression, including a building, architectural plans, or drawings”.
Copyright protection extends to any architectural work created on or after December 1, 1990.
Also any Architectural work that were unconstructed and embodied in unpublished plans or drawings on that date and were constructed by December 31, 2002, are eligible for protection.

Can I Get Star Named After Me And Claim Copyright To It?
No, there is a lot of misunderstanding about it. Names are not protected by copyright. Publishers of works such as a star registry may register a claim to copyright In the text of the volume or book, containing the names, the registry has assigned to stars, and perhaps the compilation of data, but such a registration would not extend protection to a any other individual star names appearing therein. Copyright registration of such a volume of star
names does not confer any official or governmental status of any of the star names included in the volume. For further information on copyright protection and names, see circular 33, works not protected by copyright.

 

BIATConsultant is legal consultant who can provide you expert advice together with aids in copywriting you of any things as required by our expert team of legal experts .