This article will cover the meaning and importance of copyright and copyright registration and the step-by-step procedure for copyright registration in India and the duration for which copyrights are valid and the legal implications in case of infringement of such copyright.
What is Copyright?
Copyright is a legal entitlement granted to the owner of intellectual property, other than being a legal right it is the creative and novel work of an individual which has the possibility to get monetised and through which the person earns its livelihood, other than that copyright protects the unauthorised use of the work by individuals and penalises those who have infringed the copyright.
What is Copyright Registration?
Copyright registration is a vital step as it legally protects the rights of creators by giving them exclusive control over the use of their original work, registration is an important step because it will help the owner to legally monetise their work and serves as a legal barrier in case of an infringement and seek damages from the court of law.
Steps to registration of a Copyright
First of all, A copyright is registered under Chapter X of the Indian Copyright Act 1957, and Rule 70 of the Copyright Rules 2013.
1. Identify the Type of Work
The very first step of the registration process is to identify what type of work one seeks to register copyright for. Copyrights can be registered for a wide range of works that can include:
- Literary creations (e.g., books, articles, poems)
- Artistic pieces (e.g., paintings, photographs, and sculptures)
- Dramatic art forms (e.g., plays, scripts)
- Musical compositions (e.g., compositions, sheet music)
- Sound recordings (e.g., albums and podcasts)
- Cinematographic Films (e.g., movies and documentaries)
- Software (e.g., computer programs and databases)
Having this categorisation correct, as per the procedure, is essential to make sure the registration process runs efficiently.
2. Submission of Application
Every application for registration of copyright shall be made in Form-XIV, and every application for registration of changes in the particulars of copyright entered in the Register of Copyright shall be made in Form-XV.
Every such application shall be in respect of one work only, and shall be accompanied by the fee specified in the Second Schedule for this purpose. If the application is submitted by the owner of copyright, it shall be enclosed with an original copy of a no-objection certificate issued by the author in his favour.
Every such application can be filed in the Copyright Office by a person or by post, or by online filing facility as provided on the website of the Copyright Office. The person applying for registration shall give notice of their application to every person who claims or has any interest in the subject matter of the copyright or disputes the rights of the applicant to it.
3. Fee Payment
The application requires the payment of a registration fee along with it. The fee structure varies depending on the type of work being registered:
- The cost to register a literary item is ₹500.
- The cost to register an artistic work is ₹2,000.
- A cinematograph film or sound recording can be registered for ₹5,000.
- To register software, a ₹5,000 fee is required.
One can pay the fees either on the copyright office’s website or using a demand draft or an electronic transfer.
4. Objection / Waiting period
Now, in case no objection is there within 30 days of the receipt of the application, the Registrar of Copyrights shall, if satisfied about the correctness of the particulars given in the application, enter such particulars in the Register of Copyrights.
But if there is any objection to any person, then such objection shall be made within 30 days, and the registrar has a time period of 30 days to decide upon the objections made and may accept or reject the application after such enquiry.
As per Rule 70(12) of the Copyright Rules, 2013, an opportunity of hearing must be given. However, only after hearing, it may be decided to register the work or to reject it. The applicant himself or his/her pleader may appear in the hearing.
As per section 72 of the Copyright Act, 1957, any person aggrieved by the final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Intellectual Property Appellate Board (IPAB).
5. Registration and issuance of Certificate of Registration
Once the objections are cleared and the decisions of the appellate authority are decided in favour of the applicant after an appeal is made, the competent authority issues a certificate of registration of copyright, and the copyright is registered.
Period of types of copyrights
According to Section 23 of the Copyright Act 1957, the period for a literary, dramatic, musical or artistic work lifetime of the author until [sixty years] from the beginning of the calendar year next following the year in which the author dies.
According to Section 24 of the Act, literary, dramatic, musical or artistic work (other than a photograph), which is published anonymously or pseudonymously, copyright shall subsist until [sixty years] from the beginning of the calendar year next following the year in which the work is first published.
According to the act, all the other works like sound recordings, cinematography works, government works, works of public undertakings, works of international organisations, etc all are for a time of [sixty years] from the beginning of the calendar year next following the year in which the work is first published.
Benefits of Copyright Registration
Creation of a Legal Record
Registering a copyright officially documents the creator or owner’s claim, which can serve as credible evidence in legal disputes regarding ownership or infringement.
Legal Enforcement
With registration, the copyright holder gains the right to initiate legal proceedings against infringers and seek remedies. Without registration, pursuing legal action may not be possible.
Access to Statutory Remedies
Registered copyright owners may qualify for statutory damages and reimbursement of attorney’s fees in case of successful litigation.
Prevention of False Claims
A publicly accessible copyright record helps identify the legitimate owner, thereby discouraging others from making false or fraudulent claims.
Access to Court-Ordered Injunctions: Registration is often a prerequisite for obtaining a court injunction, an order that stops the infringer from continuing the unlawful activity.
International Recognition and Protection
If the registration is done in a country that is part of an international copyright treaty, the protection may extend beyond national borders.
Conclusion
In all, copyright registration is an extremely important step for the protection of any literary, dramatic, musical, computer, etc works in India; this registration protects the unauthorised use of the work and provides adequate remedies in case of an infringement of the copyright.
Frequently Asked Questions
Q1. Is it mandatory to register the creative work to get protection of copyright?
No, it is not necessary to get your work registered as copyright protection in India is automatic and you become the owner of the work which you have created however if you m=want to monetise your work and spread it or sell it in the market registration is highly recommended as it will protect your work in case of any infringement.
Q2. What types of work cannot be copyrighted in India?
The copyright right is a comprehensive act which details all the things which can be copyrighted in the country but the act does have some limitations like it does not protect ideas, procedures, methods of operation and mathematical concepts in their own for example slogans, phrases, titles, screenshots or snapchats which do not have underlying computer code, a website as a whole etc.
Q3. If an Artificial Intelligence creates a work through the prompts given by a human, so will the AI system will be considered the author or the Human and can the same work be copyrighted and protected under the law of the land?
In India, an AI would not be considered the author of the content that they generate via Human prompts as the legal requirements of the copyright act would not be met and even though the AI generated the work the Human who wrote the prompts would be considered the author of the work provided the work fulfils the criteria of novelty, creativity etc in accordance with the act.
Q4. In today’s environment if a person shares a copyrighted work, music, movie online without taking proper authorisation what actions can the owner take against such Individuals?
The unauthorised use of any one’s copyrighted content is considered punishable in India as per the act and is considered an offence the amendments to protect owners of the work from such unauthorised acts was brought in the year 2012 in which the government extended copyright protection in the digital space and introduced penalties and takedown notices for such infringements.
