COPYRIGHT REGISTRATION
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COPYRIGHT REGISTRATION
A copyright gives the owner of the subject an exclusive right over his work. If any work is registered by the creator then no other person can copy it. It protects your intellectual property and allows the owner to claim damages and attorney fees. A copyright is the legal right for producers of music, art, melodrama, film and other works. The copyright period in India is 60 years. The copyright owner has the right to allow someone else to use it. Any illegal use, display or publication of the work done without the original owner’s permission is an infringement. Copyrights are governed by the rules laid down in the copyright Act 1957.
Documents required for copyright registration For literacy/ Dramatic:
- 2 copies of work
- DD/ IPO of Rs. (as applicable ) per work
- NOC from author if applicant is other than author
- NOC from publisher if applicant is other than publisher and work is published
- If the application is being filed through attorney, a specific power of attorney in original duly signed by the applicant and accepted by the attorney.
For Software:
- NOC from author if author is different from applicant
- NOC from publisher if work is published and publisher is different from applicant
- Source code and object code of work
- DD/ IPO Rs. (as applicable) per work
- 2 copies of work
- If the applicant is being filed through attorney, a specific power of attorney in original duly signed by the applicant and accepted by the attorney
For cinematograph film:
- DD/ IPO of Rs. (as applicable) per work
- 2 copies of work
- NOC from publisher if work published and publisher is different from applicant
- NOC from author if applicant is other than author
If the applicant is being filed through attorney, a specific power of attorney in original duly signed by the applicant and accepted by the attorney
Artistic
- Search certificate from Trade Mark Office (TM-60) if the work is being used on goods and capable of being used on the goods.
- 2 copied of work
- NOC from person whose photograph appears on the work
- NOC from author if applicant is different from author
- NOC from publisher if work published and publisher is different from applicant
- DD/IPO of Rs. (as applicable) per work
- If the application is being filed through attorney, a specific power of attorney in original duly signed by the applicant and accepted by the attorney
• Music
- 2 copies of work
- DD/IPO of Rs. (as applicable) per work
- NOC from publisher if work published and publisher is different from applicant
- NOC from author if applicant is other than author
- If the application is being filed through attorney, a specific power of attorney in original duly signed by the applicant and accepted by the attorney
Sound recording
- DD/IPO of Rs. (as applicable)per work
- 2 copies of work
- NOC from various copyright holders or copy of agreement
- NOC from publisher if work published and publisher is different from applicant
- If the application is being filed through attorney, a specific power of attorney in original duly signed by the applicant and accepted by the attorney
Advantages of Copyright Registration
- The owner of the copyright has the right to grant the copyright to another person.
- Copyright allows the owner to claim damages and attorney fees
- It protects owner’s intellectual property
- It establishes a public record of copyright holder’s ownership
- It helps the copyright holder to sue, if he has registered copyright he could file a lawsuit on either party.
- Copyright registration can go a long way in protecting your reputation in your field of work which in turn can translate into monetary as well as honorary profits.
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How can Bizlaw India help you ?
At Bizlaw India, we provide end-to-end services for copyright registration, ensuring a smooth and hassle-free process for our clients. Our services include:
- Consultation: We offer expert advice on the copyright registration process and help you understand your rights and obligations.
- Documentation Assistance: We assist you in preparing all the necessary documents required for the registration.
- Application Filing: Our team handles the filing of the copyright application with the appropriate authorities.
- Follow-Up: We monitor the progress of your application and provide regular updates until the registration is complete.
- Legal Support: In case of any disputes or infringements, we offer legal support and representation to protect your rights.
Frequently Asked Questions
Copyright is a legal right that grants the creator of original works exclusive rights to their use and distribution, typically for a limited time, with the intention of enabling the creator to receive compensation for their intellectual investment. Copyright covers literary, dramatic, musical, and artistic works, as well as cinematographic films and sound recordings.
Registering a copyright provides legal evidence of your ownership of the work. It helps protect your work from unauthorized use, copying, or distribution and gives you the right to take legal action against infringers. Registration can also help in claiming statutory damages and attorney fees in an infringement lawsuit.
The creator of the work or the owner of the copyright can apply for registration. This includes individuals, businesses, or legal entities that hold the rights to the work. In cases where the creator has transferred the rights to another party, the transferee can apply for registration.
The following types of works can be registered under copyright:
- Literary works (books, articles, software, etc.)
- Dramatic works (plays, scripts, etc.)
- Musical works (songs, compositions, etc.)
- Artistic works (paintings, drawings, photographs, etc.)
- Cinematographic films (movies, documentaries, etc.)
- Sound recordings (audio recordings, albums, etc.)
You can search for existing copyrights using the online database available on the website of the Copyright Office. This helps ensure that your work is original and does not infringe on existing copyrights.
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