INTRODUCTION OF COPYRIGHT REGISTRATION
In Ancient Days
Creative Person Like Artists, Musicians And Writers Made, Composed Or Wrote
Their Works For Fame And Recognition Rather Than To Earn A Living. Thus, The
Question Of Copyright Never Arose.
The Importance Of
Copyright Was Recognized Only After The Invention Of Printing Press Which
Enabled The Reproduction Of Books In Large Quantity Practicable.
ADVANTAGE OF COPYRIGHT REGISTRATION
PROTECTION OF INTELLECTUAL PROPERTY
· Copyright offers creators and author’s protection for their
original works, ensuring that they have the exclusive right to reproduce,
distribute, and public display their creations.
·This legal safeguard encourages individuals and businesses to
invest time, effort, and resources into creating innovative and valuable
content without fear of it being stolen or exploited by others.
FINANCIAL INCENTIVE FOR CREATORS
· Copyright allows creators to derive economic benefits from
their works.
· By granting them the exclusive rights to sell or license their
creations, copyright enables artists, authors, musicians, filmmakers, and other
content creators to earn a living from their talent and creativity.
· This financial incentive not only rewards their efforts but
also encourages the production of new and diverse works.
ENCOURAGEMENT OF INNOVATION
· Copyright protection fosters a climate of innovation by
rewarding creators for their original ideas.
·Knowing that their works will be safeguarded and that they can
potentially profit from them, individuals and companies are more motivated to
push boundaries, explore new concepts, and develop groundbreaking content.
·This drive for innovation fuels progress in various fields,
from technology and entertainment to science and literature.
FACILITATION OF LICENSING AND DISTRIBUTION
· Copyright plays a vital role in preserving and promoting
cultural heritage.
· By protecting traditional music, folklore, literature, and
other cultural expressions, copyright ensures that these valuable elements of
society are not lost or exploited without proper recognition.
ENCOURAGEMENT OF LEARNING AND EDUCATION
·Copyright law strikes a balance between protecting creators’
rights and allowing educational and research institutions to use copyrighted
materials for educational purposes under fair use or fair dealing provisions.
PROCESS OF COPYRIGHT REGISTRATION
STEP 1:- ACCESS THE OFFICIAL WEBSITE
An application containing all the necessary particulars and a
statement of the particulars must be prepared in the prescribed format (FORM
XIV).
STEP 2:- DAIRY NUMBER ISSUANCE
Upon receiving the application, the registrar will issue a Dairy
Number, marking the initiation of the copyright registration process.
Subsequently, there is a mandatory 30-day waiting period for any potential
objections to be submitted.
STEP 3: - COPY RIGHT OBJECTION HANDLING
If no objections are raised within 30 days, a scrutinizer will
assess the application for any discrepancies. If no differences are found, the
registration will proceed, and an extract will be provided to the registrar for
entry into the Register of Copyright.
STEP 4:- OBJECTION RESOLUTION
If objections are received, both parties will receive a
notification from the examiner outlining the objections. A hearing will be
arranged to address these objections.
STEP 5:- APPLICATION SCRUTINY
Following the hearing and the resolution of objections, the
scrutinizer will meticulously review the application if applicable.
Subsequently, they will either approve or reject the application, depending on
the specific circumstances.
STEP 6:- COPYRIGHT REGISTRATION CERTIFICATE
Once the application is approved, the relevant authority will
issue the copyright registration certificate. In the usual course of events,
the entire process typically takes approximately 2 to 3 months to complete.
STEP 7:- CHECKING THE STATUS OF COPYRIGHT REGISTRATION
APPLICATION
· To verify the status of your Copyright registration
application, follow these simple steps:
· Visit the website of the Copyright registrar and locate the
“Status of Application” section.
· Provide the diary number you received upon submission, which
is also referred to as the acknowledgment number.
· Submit this information, and you will receive the current status of your application.
A copyright registration does not protect the titles or names, short words, slogans, or any phrases. Only original literary work can get copyright registration.
Once obtained copyright registration has a validity of 60 years. In case it is literary, drama, music work the 60-year validity is considered from the death of the author. But in the case of the films, sound recording, photographs the 60 year validity period is considered from the date of publication.
holder can translate, reproduce, adapt, create the work, and also to the right to be credited for his contribution, a right for who can adapt the work to other forms.
A copyright registration can be obtained in around 6-8 months considering factors like objection etc.
Yes in case of any discrepancy or incomplete documents a copyright registration may get rejected.
Any person or a business entity can obtain copyright registration. An individual can be an author, creator, musician, photographer, producer, painter, composer, or company.
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright protection for ideas, procedures, methods of operation or mathematical concepts as such (Please see Article 9.2. of TRIPS).
Any association of persons whether incorporated or not, consisting of seven or more authors or owners of copyright (hereinafter referred to as ‘Applicant’) formed for the purpose of carrying of business of issuing or granting licenses in respect of any class of works for which it is registered may file an application with the Registrar of Copyrights on Form VIII. Every application shall be accompanied with: i. A true copy of the application by which the Applicant is established or incorporated. ii. Consent of all the members included in the application to act as members of the Governing Body of the Application. iii. A declaration containing the objectives of the Applicant, the bodies through which it will function and arrangements for accounting and auditing. iv. An undertaking to the effect that the instrument is established or incorporated provides for conforming the same to the provisions of the Act and these Rules.
Copyright protects the expression of ideas, not ideas. ... Copyright protects works. ... Copyright protects original works. ... Copyright has exceptions. ... Copyright protects economic and moral rights. ... Copyright exists automatically.
Ideas, facts, and concepts are not protected by copyright law. Although they are not protectable by copyright, the expression of those ideas, facts, and concepts are protectable, such as in a description, explanation, or illustration or as a database of facts.
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