The document outlines the procedure to apply for a copyright in India. It begins by defining copyright and noting that it is governed by the Copyright Act of 1957. It then lists the rights conferred by registration, noting that while registration is not required to acquire copyright, it provides evidentiary support in legal disputes. Finally, it provides the requisites for a copyright application and outlines the application and examination procedure, concluding that a certificate will be issued if the application satisfies the Copyright Registry.
1. WHAT IS THE PROCEDURE TO
APPLY FOR A COPYRIGHT?
2. What is Copyright?
COPYRIGHT is a right given by the law to creators
of literary, dramatic, musical and artistic works and
producers of cinematograph films and sound
recordings. In fact, it is a bundle of rights including,
inter alia, rights of reproduction, communication to
the public, adaptation and translation of the work.
There could be slight variations in the composition
of the rights depending on the work.
3. LEGISLATION
The Indian law of copyrights is enshrined in the
Copyright Act, 1957. The Act seeks to provide for
the registration of copyrights in India. The object of
copyright law is to encourage authors, artists and
composers to create original works by rewarding
them with exclusive right for a fixed period to
reproduce the works for commercial exploitation.
4. RIGHTS CONFERRED BY
REGISTRATION
In general, registration is voluntary. Copyright
exists from the moment the work is created.
Under Indian law, registration is not required
either for acquiring copyright or for enforcing it in
an infringement action. However, registration has
evidentiary value in a court of law with reference
to dispute relating to ownership of copyright.
5. REQUISITES FOR FILING A
COPYRIGHT APPLICATION
1. Name, address and nationality of the applicant
2. Name, address and nationality of the author of the work
3. Nature of applicant’s interest in the copyright i.e. OWNER /
LICENSEE etc.
4. Title of the work
5. A declaration signed by the author (if different from the applicant)
6. Language of the work
7. Whether the work is published or unpublished
8. If the work is published, year and country of first publication and
name, address and nationality of the publisher
9. Year and countries of subsequent publications, if any
10. Name, address and nationality of any other person authorized to
assign or license the rights in the copyright
11. Power of attorney for the firm
12. Six hard copies of the work and three soft copies
6. PROCEDURE TO GRANT
COPYRIGHT
a. The application with complete details and copies
of the work is filed
b. Thereafter, the application is examined and
objections, if any, are raised, or any extra
documents required are requested
c. A response has to be filed within 30 days
d. The certificate is issued by the copyright office
after the objections, if any, are removed to
the satisfaction of the Copyright Registry