copyright registration online in india Archives - Business , Financial & Legal Consultant In India

November 27, 2020November 27, 2020

Things to remember while filing reply to copyright objection

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Introduction

Copyright happens to be the sole right of ownership of the creator for their piece of work. In order to legalize copyright, registration is a must. While registering, if there are any objections in the claim of ownership or in the event of any discrepancies in the application, the applicant will be duly informed. To the same, the applicant needs to respond to the objection pertaining to copyright. This write up helps you in replying to such a notice.

Method of Registration

The Copyright Act, 1957 and the Copyright Rules, 2013 guide the Copyright Registration procedure in India. Any real or authentic or original artistic endeavor, be it cinematographic film or music composition or literary/dramatic work or sound recording or software, can be sought protection from violation through copyright, however, the work must be the result of your organic creation. The necessary fee has to be part of the application meant for registration. Also, the application should have the essential signatures and Power(s) of Attorney.

As for objections, 30 days waiting period applies, post filing. In case of no objections, the authority will forward the application to a scrutinizer. The registration process comes to an end with the scrutinizer not finding any hiccups in the application.

The whole process can take 8-9 months, depending on objections and discrepancies.

Objections and Inconsistencies

A copyright objection comes up if a third-party files an application saying the work resembles an old or already existing idea belonging to them. Both the parties then want a reply to copyright objection to clarify the issues raised, and get the outcomes in letters. In some cases, the Registrar may call for a hearing where the registration could either be accepted or rejected. The applicant then waits for 30 days of submission for any objection(s) regarding the work.

A copyright discrepancy occurs when the copyright department finds causes to put a query on the application in the form of letters to the applicant in exchange for an explanation during the course of the examination. An objection could be hoisted for a lot of reasons such as no uniqueness or any wrong particulars being identified by the copyright evaluator.

Replying to an Objection/Discrepancy is a must

After a detailed scrutiny, the Registrar tells the applicant about the presence of objection(s), if any, and seeks documents to confront the same. Also, it is mandated by law to file a query to the copyright objection letter. In case of no response, the Registrar could annul the copyright application and term it ‘rejected’. In order to bypass such rejections and get the legal rights to one’s work, a swift response is very essential.

The Response

The feedback to a copyright opposition or discrepancy letter happens to be a legal document. Writing the same needs fundamental legal knowledge and drafting skills. But, there are two manners, to respond – by the creator himself if requisite knowledge and skills needed to provide an explanation regarding their work are there or by getting the services of a legal team to do the same.

We suggest seeking professional help, as the response to an objection/discrepancy notice is a legal document and the ownership is at stake.

However, there is no basic structure with regard to drafting a response to a copyright objection letter, there are some things you should possess:

Attach documents with the reply
Copyright Registration Application Copy
Affidavit for the reply, if needed
Documents substantiating reply
Power of Attorney by the Applicant
Copy of discrepancy letter issued by the Registrar

Depending on whether or not the Registrar is happy with the supporting documents of the response letter, a hearing could be scheduled.

The reply warrants professionalism to the core as the result of the copyright objection can have severe consequences on your personal life. The reply given to copyright objection is only a formality and does not assure the registration of one’s copyright.

Also, while drafting the response, the creator has to check with the relevant department at the Registry to ensure that process is completed quickly. If an objection is filed, it takes up one month more to ascertain whether the copyright can be registered or not. Additionally, as getting copyright is critical to legally prove ownership, utmost caution is needed to ensure good outcome with the Copyright Application. Hence, do not hesitate to avail legal aid whenever required.

November 2, 2020November 2, 2020

.The Methods Involved in Song Copyright in India

Merely composing a song will not suffice as it has to be secured from violation as well. To safeguard your song from being used by your competitors or rivals is also quite critical. Copyright registration is an ideal tool to safeguard your creative work. In this write up, we will strive to provide detail regarding the procedures revolving around song copyright in India.

What do you mean by copyright registration?

Copyright Registration in India happens to be an intellectual property right provided by the law to authors of literary works. Also to, music, drama, other creative works, producers of cinematograph movies, and sound recordings. Having a copyright registration for your works comes with a lot of benefits such as the rights of copying, information to the public, modification, and interpretation of the work. The chief objective of the registration is to reward the creator or author for their work by offering better safeguards against infringement. Further, as a good news for every song author or producer at present they can even protect their song’s lyrics and music.

Merits regarding Copyrights

Nobody will be able to violate your work in any way, be it a company or any other business.

The copyright registration certificate comes across a genuine piece of document and remains active for the lifetime of the owner plus sixty years.

Infringing upon someone’s work is an offense liable for punishment and a police complaint can put an end to it.

If violated, a civil suit can be filed at the location of the owner of the copyright.

Also, anybody is allowed to copy any material report like the filing of it in any medium including automated or electronic means.

To create any cinematograph film or sound recording regarding the work. This pertains to the arrangement of your work.

If it is with regard to a computer application or program, the rights also include to sell or give on hire, any depiction of the computer program.

Documents needed to Copyright a Song

In order to furnish an application pertaining to songs copyright, the NOC of the publisher/producer/author/composer and the others linked with the creation of a song should present them.

Two original and similar samples or copies of the work.

The Methods Pertaining to Songs Copyright in India

Application filing

The first step involved in the procedure of copyright registration is to apply online via the portal of a copyright attorney. The application can be registered by the candidate or any other person authorized by him or her. As for the application record, the characteristics of the copyright and its information will be documented properly together with the number of fees. Also, post successfully submitting the application, a diary number will be created.

Unsuccessful Formality check

After the acceptance of an application to the department, it has to go through an examination or check as a formality. The examination is performed to assure the important requirements of 2 copies of work. Further, if the statement fails to qualify in the formality check, a letter seeking to meet the requirements will be given to the applicant at his/her delivery address.

Period of Waiting

In case the application or request moves from the second stage devoid of any problem, it will be free or can take any kind of objection from the person. Also, this is particularly for those who claim or have any kind of inclination in the matter regarding the copyright for 30 days. Also, if no objection has its allowance, then the application will have another preparation according to first come first serve basis.

Hearing process

If there is an objection regarding the copyright, a report will be given to both the people. Post receiving the reply, a hearing will be documented by the registrar. Also, in the hearing, both parties get an opportunity to raise their view points. If the form is received, it will again be transferred to the auditor for checking.

Registration Given/ Denied

In the end, the application will go to the registrar. If he is dissatisfied, the application can be rejected. Also, the notice will be given to the applicant. However, if the registrar is happy with the application, he gives his ascent for the same and dispatches extracts of the same to the applicant. After this, you will have exclusive rights over your songs.

Copyright with Vakilsearch

Vakilsearch assists you to copyright your songs in 3 simple steps –

A good check of the files that you sent us will be done

An application is made and then filed

Our experts update you constantly throughout the processing of your copyright application.

Finally

So, to protect your work from violations or infringements, copyright registration is a must. Don’t waste your time just do it immediately.

July 14, 2019July 14, 2019

Copyright Registration in India

Copyright Registration gives exclusive right to the creator of original work. Copyright is an exclusive right given to the original creator of Literary, artistic, musical or dramatic works and to film producers as well. It also includes rights related to reproduction, communication to the Public, translation of work. It safeguards the authors for their creations, thereby protecting their creativity.

Any type of work cannot be copyrighted as it does not give protection to ideas, concepts and Brand names, and Domain names i.e. any work which are in intangible form cannot be copyrighted.

Trademark protects products which are used to differentiate the products of one with the product of anther. It includes word, logo, symbols and Brand Names.

Copyright Registration can be done in relation to published or non published work. In the case of Registered unpublished work a manuscript is required to be sent along with the application for affixing the stamp in proof of the work having been registered. If two copies of the manuscript have been sent then one copy of manuscript duly stamped will be returned while the other copy will be retained by the office for record purpose and will be kept confidential. Inteda of a manuscript an applicant can also send the extracts from the unpublished work and can ask for the return after being stamped with the seal of corporate office. After that Applicant may apply for the changes in the register of copyright with the prescribed fees.

Registration procedure

For the purpose of registration of copyright an application can be made in a prescribed format as prescribed in the first schedule of the rules.
An application shall be made with the requisite fees prescribed.
An application must be signed by the applicant in whose favour the power of attorney has been executed.
The separate application is required to be filled for the registration of each wok.

Filing of an Application

Once Application is submitted then the applicant has to wait for the mandatory period of 30 days for any objection to come from Registry side.

If within the said 30 period no objection comes then application shall be filed then the application shall be examined by the examiner or in the case of any objections raised by the examiner for any further documentation required.

After the objection are overcome to the satisfaction of the copyright office, a Copyright Registration Certificate is issued.

A term of Copyrighted Granted

The term of protection granted to the copyright owner depends on the type of work that needs to be protected. Copyright protection granted in relation to literary, musical, dramatic or Artistic work which extends to the period of the lifetime of the author and 60 years from the year in which the author dies.

July 13, 2019July 13, 2019

Can You Copyright A Recipe ?

Can you Copyright a Recipe?

Yes sure, Recipe can be in various forms- from Grandma’s best chocolate cookies ever to that world renowned chef secret signature sauce that no one is able to figure out.

Here are the steps which you may or may not know about what it takes to copyright a recipe.

Ingredients of a copyright?

General copyright law protects any original work that are in tangible forms of expression such as Books, a script, or a CD. while these categories are broad, there are many categories of material that cannot be copyrighted.

Things that can’t be copyrighted includes work that are not in tangible forms, such as Ideas cannot be copyrighted, and things that are considered as common property with no originality ( basic instruction on how to boil water, for one or standard calendar).

A Pinch of Creativity

Copyrights are meant to protect original, creative works. The courts are split on whether or not ba recipe is considered as creative. Or rather, whether recipes are sufficiently creative enough to warrant protection under copyright law. Some may see recipes as just a listed process for how to make an edible item, rather than an expression of an artist 9 i.e. the chef or cook) and her activity and passion for food.

To what extent individuals recipes are actually protected are not entirely clear. However, recipes book or collection of recipes are more likely to receive copyright protection as they are in tangible form and can be considered an original, creative work.

For that one single, delicious, ( and uniquely brilliant, expressive etc.) recipe that you are holding onto, however it’s unfortunately not going to receive much protection if you attempt to secure a copyright for it. You may want to hold onto it for now, and revisit the copyright issue once you have a collection of recipes you are ready to dish out to a public.

BIATLegal can help people to help out to find out the literary, artistic, dramatic or musical work that can be copyrighted and can help in its registration.

January 13, 2019

Assignment of Copyright in India

Copyright is a unique kind of Intellectual Property right which gives protection to original creator or author. Copyright is an exclusive right to reproduce or authorize another to reproduce artistic, dramatic, literary, or musical works. It is essential that work must show a minimum level of creativity and originality.

Once the copyright is registered by the owner that cannot be reproduced or published without the permission of the creator.

Also Read : How To Apply For Copyright Registration In India ?

Crucial points for Copyright Assignment

The ownership of the copyright may be transferred wholly or partially.
While assigning copyright to the third party the owner must specify the amount of copyright. And that third party cannot further assign that copyright without the permission of the owner.
In case the assignment of copyright will take place in future then that assignment shall take effect only when the work comes into existence.
The assignment of copyright is legally valid only when it is signed by the assignor or by his authorised signatory.
The rights of the assignor of copyright shall be diluted to the extents of the rights assigned to the third party.
The assignment deed shall specify the territorial extent of such assignment.
The assignment shall further specify the assigned rights and the amount of royalty paid.
The assignment agreement shall be subject to revision, termination, extension on terms mutually agreed upon parties.
In case the assignee fails to exercise its power within 1 year of assignment then the assignment in respect of such right shall be deemed to be lapsed.
If the assignment is contrary to the assignment which is being mutually agreed by the parties then it shall deemed to be as void.
In case of Manuscript, copyright is a personal property and if it is to be transmitted then it can transmitted by testamentary disposition.
The equitable assignment is just the agreement to assign and not the assignment.
After the transmission of the copyright the assignee will get right of translation, adaptation, dramatic and filmmaking in the work.

The basic motive behind the introduction of copyright assignment is to give benefits of ownership and distribution to the creator of the work , however the copyright assignment cannot be used to deprive the original creator of his original creation.

December 20, 2018December 20, 2018

Types of Copyright in India

Copyright is a a form of intellectual Property which gives exclusive right to the Authors and creators of original work, and also it gives economic rights to the author which includes right to Copy or publication of a work, or any substantial part of asset.

Copyright of literary work

Books, poems and all literary work which is written by a author must take copyright of it because just writing the book and saving it in a Computer or hard disk does not make you a legal owner of that Book. therefore it is important to take copyright protection of each and every Literary work which is your original creation to do copyright of the same.

Copyright of Cinematography

Visual Collection of any moving object with sound is termed as Cinematographic film. It takes or requires lot of hard work to produce a cinema, and therefore there are lots of people who are involved in its production. And therefore the Producer of it can claim for the copyright of a Cinematographic Cinema. There are certain rights which are provided to the Producer and they are as follows:-

To sell or resell it or give it on hire
To make a copy, Photograph or produce it in parts.
Producer is the only person who will publish the film in public and in that sound recording of a movie is not covered.
Also the artists, the movie is not protected by the copyright of the film.

Copyright of Painting

Painting is an Artistic work and can be copyrighted, whoever makes that painting is said to be the original creation of that person.the person who buys a painting from an exhibition is not said to be the original creator of that painting unless that person has granted no objection certificate from its original creator.

Copyright of a Software

Software Developer uses Software Copyright and proprietary software companies to prevent unauthorised copying of their copyright.

Points of Copyright to keep in mind while remixing a song

Remix of a song is costlier to do a copyright of a song as Remix of a song is just a mix of songs which already there in market and not the original work of the creator.

There are certain issues which are faced in Copyright of a Music

Reproduce work in any form
Issue copy of the work
Perform the work in public
Make any films
Sound recording in the work
Translation of that work

November 26, 2018November 26, 2018

How to apply for Copyright Protection in India?

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-

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.
After the successful registration the applicant must login to the official portal for Copyright.
Then after logging in screen will appear in which option for E-filing will appear.
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.
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.

November 25, 2018

What Is Procedure Of Copywriting A Song In India ?

Once a song is made it is very important to copyright the same as soon as possible in order to protect it from infringement. In this blog we will discuss about how to copyright a song.

Copyright Registration In India is an intellectual property right provided by the law of creators of literary, dramatic, Musical or Artistic Work and producers of Cinematographic films and sound recording.

Documents required for Copyright a song

For making an application for songs Copyright, the NOC of Author, Publisher, Composer/ Producer and all other persons involved under creation of song is required to be submitted.
Two original and identical copies of the work.

The procedure of songs Copyright in India

Filing the Application- First step in the process of copyright registration of a song, an application is to be filed through a Copyright Government portal. An application can either be filed by the Applicant himself or by the person authorised by him. In Application form the details should be filled properly and is to be filed by giving prescribed fees. After submitting the application number, a Diary number is generated.

Formality check fail- Formality check is done to ensure that the basic requirement of 2 copies of work, and the complete form XIV Power of Attorney are completed. If the application fails on formality check then letter is sent to the Address to service for asking to furnish the necessary requirement issued to the Applicant.

Waiting Period- If the application is passed from second stage without any objection then it will be kept open or will be kept open for receiving any kind of objection from the person who claims or has any interest in the subject matter of the Copyright for the period of 30 days. If no objection is raised between that period then the application will be processed further on the first come first basis.

Hearing- In case any objection is raised on the Copyright applied, then the notice is issued to both the Parties. After receiving the notice, then hearing will be scheduled by the Registrar. In hearing both the parties will be given chance to speak on their part, and then if application is accepted then the it will be processed further.

Registration Granted- Finally the application passed to the Registrar, if Registrar will be satisfied then the Copyright registration certificate will be granted and if not satisfied then the Application will be rejected.

So want to copyright a song in India ? Contact BIATConsultant now

August 27, 2018

Difference Between Trademarks, copyright And Patents

Trademarks, Copyright and Patents are three different things i.e. these are three different kind of Intellectual Property Rights. IPR is the right given to the creators over the creations of their mind. According to WIPO (World Intellectual Property Organizations) Intellectual Property can be defined as the creation of mind, the inventions, literary work, names, logo, dramatic work etc.. and creators of these things gets the exclusive right to use these Intellectual Properties, and no one else can use it without their permission.
There exists difference between Trademarks, Copyright and Patents, but still people finds it difficult to make out difference between these three. Therefore by this blog you will get to learn difference between the Trademarks, Copyright and Patents.
Trademarks
Trademark can be defined as unique name, symbol, logo, colour etc. that can be used to distinguish one goods from the other. By registering Trademark the owner gets an exclusive rights to use that trademark, and that trademark can further be transferred or assigned to others. By trademark registration in India he owner gets exclusive right of its usage and distribution. In order to get your trademark registered in India trademark that is chosen should be unique and should not be generic.
Trademark in India is given for the maximum period of 10 years and it gets renewed after every 10 years. The trademark registration once obtained is valid as long as the mark is used in the commerce.
The benefit of getting the trademark registered is that the trademark owner gets the exclusive right of usage of that trademark, and he can also further assign or license his trademark. And if anyone else who is not authorized to use that trademark uses it then the owner of the trademark can sue him for infringement of the trademark. And they can use R symbol once their trademark gets registered. For example, Apple, Maggie etc.
Copyright
Copyright is the kind of IPR that protects the original work of authorship such as books, articles, songs, photographs, sculptures, choreography, sound recording, motion pictures and creative works. In order to get the work copyright then the work should be original and creative, but the work should be in tangible form i.e. idea cannot be copyrighted whereas in order to get its work copyrighted idea should be expressed in some tangible form.
Copyright is given till the lifetime of Author plus 60 years after his life. The Author can use c symbol after getting its work copyrighted. With copyright registration in India Author gets an exclusive right to reproduce it, make derivative of work, distribute and make public performance and display the copyrighted work. And no one else can use that copyright otherwise it will be considered as an infringement, and the Author can sue the infringer and claim for damages or Injunction either. For example, Novel of Chetan Bhagat etc.
Patents
Patent is given for the new invention i.e. if any one has invented new thing such as manufacturers, machine, compositions, novel processes etc. then he/she can give application for patent registration. For Patent Registration there should be three things which should be met and those are, Novelty, Industrial application, and non-obvious.
Patents is valid for the maximum period of 20 years and after 20 years it comes in public domain i.e. after 20 years any one can use it publically.
Before 2005 only product patent was valid but after 2005 amendment both product and process patent is valid.

After getting product patent in India the inventor gets the exclusive right to prevent others from making, selling, or importing the protected invention. For example. Microsoft has taken patent for its multiple software.

Therefore these three are the clear distinction between the three on the basis of kind of product they prevent. For instance, trademarks gives protection to names, symbols, logo etc, Copyright gives protection to literary, artistic and dramatic work, or creativity and patents gives protection to the new invention.

July 27, 2018

What Does Copyright Protect?

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 .