What is Copyright?
A copyright is essentially a right not to copy someone’s work. A copyright gives the owner of the subject an exclusive right over his work. If a work is protected by copyright, no one can imitate, copy or reproduce the original work in any other way. A term of copyright in India is 60 years. Copyrights are protected by “THE COPYRIGHT ACT, 1957” in India though there have been several amendments to the act as of now.
Copyright can be taken for the following works:
- Music
- Films
- Books
- Paintings
- Software
- Websites
- Manuscripts
- Literary Work
- Artistic Work
- Fashion Designs
Training Manuals etc.
The Register of the Registrar of Copyrights is divided into 6 categories:
- Musical Works
- Artistic Works
- Cinematography Films
- Sound Recordings
- Literary Work other than Computer Programs
- Computer Programs, Tables & Compilations.
Why one should get their design or work registered under the copyright law?
Although, it’s not a mandatory procedure to copyright your work under copyright law but always advisable to do so because it will give the owner a certain set of minimum rights over his work and the protection that no one will be able to copy his work for a minimum period of time. This satisfaction will always motivate the owner to do more work and put more efforts to promote his work openly without any fear of copying his/her work.
What is the procedure to obtain a copyright registration?
For copyright registration, the following process has to be followed:
- An application (including all the particulars and the statement of the particulars) in the format of FORM IV has to have to be sent to the registrar along with the requisite fees (mentioned in the Schedule 2 of the act.). A separate application has to be made for separate works.
- Every application has to be signed by the applicant as well as an Advocate in whose favour, POA (Power of Attorney) has been executed.
- The registrar will issue a Dairy No. and then there is a mandatory waiting time for a period of 30 days for any objections to be received.
- If there are no objections received within 30 days, the scrutinizer will check the application for any discrepancy and if no discrepancy is there, the registration will be done and an extract will be sent to the registrar for the entry in the Register of Copyright.
- If any objection is received, the examiner will send a letter to both the parties about the objections and will give them both a hearing.
- After the hearing, if the objections are resolved the scrutineer will scrutinize the application and approve or reject the application as the case may be.
