Copyright, a buzz word surrounding many conversations, but what is it? It is the rights that restrict others from using our created work without your approval or permission. An important point to note here is that copyrights exist the moment you create some work and it gets fixed in a perceptible medium of expression. Copyright registration covers everything whether you have written it, painted it, filmed it or recorded it. Owner of Copyright have exclusive rights i.e., right to reproduce the work,to lend or give away copy of work, prepare derivative works, distribute copies, even to sell them copies. The owner of Copyright can also transfer ownership of such right to any other person.The moment you convert your idea into reality, you have a copyright on that. Copyright protects expressions of ideas, but the ideas themselves are not protected.
Whereas when it comes to copyright registration, it means you file something with Indian Copyright office which tells them about you, your work, who made it and when the work was created. Registrations of Copyright serve as evidential in the court of law against the infringer.
The Copyright Act came into effect from January 1958. Post-its creation, this act has been added 5 times for various reasons. Of these, Copyright Act 2012 is the most substantial one. Separate applications should be made for registration of each work. Copyright registration is valid for 60 years plus a life time of the author/artist who created the work.
Copyright registration enables you to take legal action against the infringer; also, it creates the public record of ownership .If the copyright is registered just after the creation of the work or before it is infringed by an unauthorized user then legally the copyright holder.
Usually, copyright is held by the creator of the work however, it may be one by the employer of the creator, they are also transferable. Copyright becomes an integral part of protecting your work and making people aware of the ownership of your work.
Name, address and nationality of the Applicant.
Nature of the applicant’s interest in the copyright of the work.
Title of the work
Class and description of the work.
Language of the work.
If the work is an “artistic work”, the location of the original work, including name, address and nationality of the person in possession of the work.
Power of Attorney, if any, on stamp paper duly accepted by attorney/signed by the applicant
The whole process takes around 8-10 months to get certificate of Registration.
Before applying for Copyright Registration we will make a detailed study about the registration probabilities.
We will prepare the documents and file the application for registration with the Registrar of Copyright and will send you an acknowledgment for filing the application.
After the documents are filed with Registrar of Copyright, a diary number is issued. The registrar waits for objection from public for at least 30 days from the date of filing the application. If there is any objection, hearing is allowed to both the parties. If no objection is received, it is sent to examiner for scrutiny, if no discrepancy is found registration certificate is issued.
Copyright gives the owner an exclusive right to produce and reproduce artistic, dramatic, literary, musical works including sound broadcasting and cinematographic films
Prohibit others to use similar work
A work which has Copyright protection is much secure and its prohibits others to use the same or similar work.
Damage for Infringement
Copyright Act, 1957 gives the right to the owner to sue the person and claim damage for infringement or unauthorized use of his work without permission.
Assignment and Transmission
The owner of Copyright or prospective owner can assign and transmit Copyright of any work to any other person in return of some consideration.
|Benefits||Exclusive right to the mark and provides
public notice of ownership
|Gives public notice to outsiders the ownership
and allow the Copyright holder to bring
suit for infringement.
|Protection||Registering under Trademark act protects Name,
word, symbol, Logos. It also identifies business
|Registering under Copyright act, gives protection for
creative works such as books, movies, songs,
paintings, photographs, choreography, architectural
works, sound recordings.
|Duration of Registration||Once registered it shall be renewed in
every ten years.
|Different duration prescribed for different works, but,
for literary, dramatic, musical and artistic works,
the duration is for Lifetime plus additional Sixty
years after the death of the owner.
|Assignment and Transmission||The owner of Trademark can assign or
transmit a registered Trademark to any other
person in return of some consideration
|The owner of Copyright or prospective owner
can assign or transmit Copyright of any
work to any other person in return
of some consideration
|Damage for Infringement||The owner can sue the person and
claim damage for infringement or unauthorized use
his registered Trademark.
|The owner can sue the person and
claim damage for infringement or unauthorized use
of his work