Blog Details

Author - Associate Tarvinder Kaur 

INTRODUCTION

Copyright is a form of intellectual property which provide protection to the author of their authentic works, this cannot be used by anyone only the owner of copyright has right to exercise this right or any other person who is duly licensed by the owner. This right comprise the right of modification, right of publication, right to make rendition, communication to general public etc. 

Sec- 13 of the copyright act 1957 provide protection on literary works, dramatic works, musical works, artistic works cinematograph films and sound recording. Sec 14 provide bunch of rights to the creator of the copyright. sec- 17 says that the creator is the first owner of the copyright but there is an exception to this rule is that the  employee who produce the work under the course of employment in that scenario the employer automatically becomes the owner of the copyright.  

It provide protection to the original work which shouldn’t be copied by from any other source , copyright registration is a prima facia proof which is maintained by the registrar of the copyright. 

COPYRIGHT REGISTRATION

The copyright registration is not obligatory in the nature but it is very valuable in the civil or criminal proceedings. there are certain needs for making an copyright application is – 

• Full name 
• Address
• Nationality of applicant
• Year of first publication
• Country of first publication
• 3 copies of work & power of attorney 

These are the essentials requirements for the copyright registration it is not obligatory on the part of the author to register his work but on the other ways it is very helpful in the courts. the motive of the registration is that in the event of the legal claim the copyright author can manufacture a copy of the work from an official government sources, in India copyright registration can only be used as an prima facia evidence of the facts which is contained on the register certificate. It provides the legal protection to the author so that no one can embezzlement his work. The tenancy of the copyright registration is valid for the duration of the 60 years.

REASONS OF THE COPYRIGHT REGISTRATION

• It safeguard the works of the creator 
• Secures goodwill
• It obstruct to unlawful reproduction of the work
• Registration helps in the creation of assets and intangible assets & can be sold, franchise & commercially contracted. 

STEP BY STEP PROCESS OF COPYRIGHT REGISTRATION IN INDIA

Copyrighting a website which contains various works like graphic art, content , logo , design , program e.t.c, you just need to register yourself in website and every details must be mentioned in separate application ,it is a time consuming process.

ONLINE   PROCESS OF COPYRIGHT REGISTRATION – author can file for an registration by an e-filling facility which is provided by the government. Since 2014 the typical counter copyright registration has been closed. 

There are following steps for registration- 

• First of all the author has to create a user Id  by filling the asked information
• After confirmation, login with the identity which you created. 
• When you register in the website, click on the e- filling of application which is at the left of the menu. 

A form will open which need to be fill in 4 steps which is –

• FORM – XIV ask for the information like such as name, address nationality e.t.c .
• Then you have to mention name statement of particulars in which you have fill the name , description of your work like language and other imp information, then you have to save all of the information. 
• In third step you have to fill up the statement of further particulars. Which is mentioned under the box then  press the save button so that  you can go to the next step.  
• In next step you have to make the payment you can through debit card, credit card, net banking , demand draft it will be your discretion. 

After that you have to press the submit button and when the information is successfully submitted, a diary no will be provided to you and then you have to take the complete printout of “copyright registration report” and acknowledgement slip.

         OFFLINE FILLING PROCESS FOR COPYRIGHT REGISTRATION 

• The applicant has file an application for registration under FORM XIV.
• You have to Separate application for registration. 
• Then you have to pay the requisite fee. 
• Then the applicant or the solicitor has to sign the application in whose favour you are executing an power of attorney.

Then you have to post the documents to the copyright division, ministry of human right resources, education department,  jeevan  deep building, parliament street New Delhi 110001. 

APPROVAL PROCESS

Copyright application should be prepared in between approx. 2 to 4 working days when you file your application you have to wait for 30 days so that no objection is filled against your claim the particular has been done by you. Once everything will clear you would get your copyright registration in 30 days. 

• Suppose if any complaint or objection is filed by any other party then the registrar will take more 30 days for consultation and will decide after looking the both claims by the party. 
• In any inconsistency found by the examiner in application then he has power to take another month or can take 2 months can also remove the same.
• the registrar cannot reject the application without hearing both the parties before rejection of an application he has to hear both the parties claim, only after that he can reach to the conclusion. 
• Required documents can be send along with the application form it can also be send by post. He has to follow the prescribed manner for copyright registration.