process of copyright registraiton 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.

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 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