Copyright Registration

What is Copyright ?

A copyright is a collection of rights that automatically vest to someone who creates an original work of authorship – like a literary work, song, movie or software. These rights include the right to reproduce the work, to prepare derivative works, to distribute copies, and to perform and display the work publicly.
To understand how these rights can be used or licensed, it’s helpful to analogize them to a bundle of sticks, where each stick represents a one of these rights. The copyright owner has the right to keep each “stick” for themselves, to transfer them individually to one or more people, or to transfer them collectively to one or more people. In short, copyright allows the owner to choose the ways his/her copyrighted works are made available to the public.

Application for Registration for copyright:

Application can be made both online and Offline by the applicant or Authorized Attorney of applicant. An applicant filing copyright application should have the work in soft copies and hard copies in at least two copies, like author of Literary work should have two copies of book for copyright.

Documents Required for Copyright Registration :

If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by theattorney· NOC from person whose photograph appears on the work.· Search Certificate from Trade Mark Office (TM -60) if the work is beingused on goods or capable of being used on the goods.· NOC from publisher if work published and publisher is different fromapplicant.· NOC from author if applicant is different from author.· DD/IPO of Rs. (as applicable) per work· 2 Copies of work ·

Time for Processing Application

After you file your application and receive diary number you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim that particular work is created by you.

Advantages of registering a copyright

  • Registration establishes a public record of the copyright claim.
  • Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.
  • If made before or within 5 years of publication, registration establishes sufficient evidence in court concerning the validity of the copyright and the facts stated in the copyright certificate.
  • If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
  • Registration allows the owner of the copyright to record the registration with the Indian Customs for protection against the importation of infringing copies.

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