This article is written by Ritik Chaurasiya,College – LC-1 ( 1st Year ) Course – LLB ,during his internship with Le Droit India.
Abstract
Imagine you are propounding a fresh novel, a true masterpiece with the ability to make a gigantic sum of money but you are being apprehensive that after it is published, someone can copy it and publish it under his own tittle. And if this happens, the original author will be at a great loss. So here, a question arises what are the remedy available with one do to halt this and protect their rights? In a situation like this, one might want to apply for a Copyright or register for the Copyright of a masterpiece. There are specialised people like Intellectual Property Lawyers in India, who can assist and provide guidance to you on how to register a copyright in India. In the said article, we will see how one can apply for the copyright in India, and What is the process for registration of copyright in India. By registering copyright of your work, you simply protect your work from being unduly used. In India, the concept of copyright is governed by the copyright Act 1957. The said act lays down the meaning and procedure for registering a copyright in India.
Copyright, once granted is marked by the symbol “ ©️ “ this shows that now, your work is protected by the law and if anyone tried to copy your work without your permission, you can challenge his action in a court of law and get compensation for the same.
Key Words
Registration, Copyright, Protection of work, Copyright Act, 1957
What is a Copyright?
As per the Copyright Act of 1957, a “work is any artistic creation, including a painting, a sculpture, a drawing (including a diagram, a map, a chart, or plan), an engraving, a picture, a work of art or artistic-craftsmanship, any play, any book, any computer program, any database, any song, any sound recording, or even a motion picture.”
The Copyright Act, 1957 has enshrined India’s copyright laws to show the advancements in the IT sector, including but not limited to, a satellite broadcasting, a computer software, and a digital technology, in order to keep up with the demand for worldwide harmonisation.
Registration of Copyrights in India
Applying for copyright registration in India is an added benefit because it safeguards the ownership of the work against unnecessary disputes. “An copyright Registration Certificate” and the “Register of Copyright”, which has the information about the registered copyrights, are regarded as “admissible evidence” in the court of law in the event of a potential copyright infringement case. This behaves as the foremost supporting evidence in issues over the copyright ownership. How to apply for the copyright of a logo in India is one of the most soughtafter questions as the logo creates a distinctive presentation of a brand or a company in the contemporary global market and it is Vital for the same to be copyrighted in order to protect the company’s identity and the values it holds. IP attorney in India give their time to helping an individual or any company or brand throughout the process filing an application or registering for copyrights in India.
Who can apply for copyright?
The creator or a person who has obtained the rights to the original work can register for copyright in India. If the original work is created during the time of employment, it can be called “work made for hire” and in such a case the employee is not considered an author of the original work. This title goes to the employer. If more than one person creates the original work, co-ownership of the copyright is sought unless otherwise agreed upon. The following individuals can apply for the copyright of a workpiece in India:
Author the creator of the work A person claiming to have obtained the ownership rights from the creator of the original work
- The designated agent
A person authorised to act on behalf of the agent
The author
Copyright Claimant; a person who have obtained the ownership rights from the author through a written contract, has been granted The owner of an exclusive right; A person who has been granted exclusive rights to control and use the distribution of this original work. A minor is also permitted to register a copyright, and there is no age restriction for obtaining one. This is so because creativity was recognised by copyright law, which also recognises that creativity cannot be constrained by age. Additionally, unless they have decided differently, the creators of the work are co-owners if it was made by two or more people.
Let us now examine the steps for copyright registration in accordance with Chapter X of the Indian Copyright Act, 1957, and Rule 70 of the Copyright Rules 2013:
Step 1: Filing an application
The application is submitted by the author of the work, a copyright claimant, the holder of an exclusive right to the work, or an authorised agent in person at the copyrights office, by speed/registered post, or electronically through the facility provided on the official website[4] of the government. A separate application needs to be filed for each unique work with the registrar along with relevant documents as stated above. There is a different fee involved for different kinds of work to be copyrighted. The same should be confirmed and paid through a Demand Draft (DD) or Indian Postal Order (IPO) addressed to the Registrar of Copyrights payable at New Delhi or through an e-payment facility. In the case of online registration, user registration on the government website is essential. Once the application is submitted along with the necessary documents you will get the dairy number (acknowledgement).
Step 2: Examination of the Work
There is a requirement for a 30-day wait period upon issuance of the diary number. During this time, the copyright examiner reviews the application and any objections can be made and reviewed during this period. The flowchart below explains the copyright registration workflow:
Conclusion
We have seen the importance of Copyright registration, that how it can help you to potentially protect your work from undue use. The Copyright Act, 1957, governs the concept of copyright in India. It lays down all the steps and time period required to register a copyright (Which are mentioned above). However, the registration of a copyright is not a very easy process. It’s time consuming as well as it’s technical. To deal with the technicalities there are people “IP lawyers “ who help people in safeguarding there work from undue use. Once, you get your Copyright and someone then tried to infringe it, you can file a law suit against that person and get compensation for the theft of your work.
