Intellectual Property law deals to protect and enforce the rights of the creators and owners of inventions, writing, music, designs, copyright, and other works, known as the “intellectual property.” There are several areas of intellectual property including copyright, trademarks, patents, and trade secrets.

The dictionary defines copyright as “a person’s exclusive right to reproduce, publish, or sell his or her original work of authorship (as a literary, musical, dramatic, artistic, or architectural work).”

It’s important to understand that copyright law covers the “form of material expression,” not the actual concepts, ideas, techniques, or facts in a particular work.

Copyright does not protect facts, ideas, systems, or methods of operation, but instead protects the way that these things are expressed.

Types of Copyright

1. Literacy Work

(fiction, biography, technical books or paper, dramatics, script, thesis, research work, tables, compilation, and computer programs including computer databases, etc.)

2. Artistic Work

(original artistic work comprising of paintings, sculptures, graphics, cartoons, etchings, lithographs, photography, drawings, plans, maps)

3. Cinematographic Film

(work of visual recording along with the sound recording. every recorded work with moving visuals/images will be considered a cinematograph)

4. Dramatic Work

(any piece for recitation, or an arrangement of performing a play, work of choreographing or dumb show entertainment, a scenic arrangement, or the work of acting based on a fixed writing work but does not include a cinematograph film.)

5. Sound Recording

(The songs which contain singers voice with or without music, a recorded speech or an audio, or podcast is the examples of sound recording)

6. Music Work

(Musical works protects musical compositions which include the instrumental component of the work as well as any accompanying words)

7. Software

Other advantages of copyright registration can be that it dissuades others from making unauthorized use of the owner’s work. If any copying happens, the owner can send the culprit a cease notice. This saves a lot of time and money.

Importance of Copyright Registration

1. Legal Protection

When a Copyright is registered, it acts as ostensible evidence in front of the court. And it also provides the owner with the right to sue for duplication..

2. Goodwill 

A Registered Copyright can also help in building a good reputation in the market.

3. Global Protection

When a Copyright is Registered in India, it might also give benefits of copyright protection all over the world.

4. Pre-emptive Measure 

Other advantages of copyright registration can be that it dissuades others from making unauthorized use of the owner’s work. If any copying happens, the owner can send the culprit a cease notice. This saves a lot of time and money.

Documents Required for Copyright registration

  • Two copies of the work
  • NOC from the publisher if the work published and publisher is different from the applicant
  • Power of Attorney
  • Copyright Questionnaire
  • Classification and description of the work
  • The Work for Which Registration is required

Procedure for Copyright registration

Documentation 

Team Udyog Buddy shall assist you to prepare the Application/Declaration Form and Statement of Particulars to be filed to register the work with the registrar of copyright.

Filing the application 

An application needs to be filed along with the documents and mentioned fee which is needed to be submitted in the DD/IPO. After the application is filed, the owner will receive a diary number. The application is filed with two copies of work with the prescribed government fee which ranges from Rs. 500 to Rs. 5000 depending upon work.

Examination

After filing the application, the examination of the copyright application will take place. Once the diary number gets issued, the applicant needs to wait for 30 days. If the examiner has no objections to the application form along with the necessary document then the applicant can further go for the succeeding steps.

If the examiner has objections with the application, then letters are sent to both parties and are called by the registrar for a meeting After the meeting, if the objections are cleared then the owner can move forward with the procedure and if objections are not cleared, then the rejection letter will be sent to the applicant.

Copyright Registration Certificate 

After the approval letter arrives, the applicant is issued his Certificate of Copyright Registration. Finally, the copyright gets registered.

Benefits of Copyright Registration

  • The registered copyright creates a public record.
  • Legal proof of ownership
  • Power to impose a case against Copyright duplication
  • Ownership Justifiability
  • It allows the owner to sell or pass the rights of his work.

Conclusion        

Creativity is the most important requirement to enable progress in society and every person can be protected by copyright.

In India, the procedure to obtain a copyright registration is not straightforward and the mind takes longer than expected. It is always advisable to take the help of professionals to get your copyright registered. This is because it can go a long way in protecting your rights for years.

Our team of copyright lawyers and intellectual property lawyers provides invaluable legal services and legal advice to clients requiring help with both copyright infringement as well defense of enforcement actions such as fair use, copyright registration, copyright protections for independent contractors, and protection of artistic works from derivative works.

With more than 75 clients we are always glad in helping people set up their business, Protect IPR and so much more.

To contact us Call/Whatsapp +91 9301789019 or email at [email protected]