Copyright registration in India takes place under the Copyright Act, 1957. Quite simply, a copyright is a right to copy. This means that a copyright gives the owner a right to make copies of the copyrighted work. Moreover, it prohibits others from making any copies without the owner's permission.
Copyright is a form of intellectual property and protects its creators against use of their property without their permission.
Essentials of Copyright Registration
It is important to protect your creations by copyrighting them. However, first it is important to understand if your work is eligible for a copyright or not. Below are some features of a work which can be copyrighted.
- It is the expression of an idea, and not just a thought or idea. For example, you can copyright a story that you write on any topic, but not the thought of writing a story.
- It is not a word. This is because a word is never given a copyright.
- The work is an original work, and not the copy of someone else's work.
What Can be Copyrighted?
Copyright does not exist for each and every kind of work. It is possible to copyright a work only if it is an original:
- Artistic work such as a logo or painting.
- Literary work such as a book or computer programme.
- Dramatic Work such as a play.
- Musical work such as graph music.
- Cinematographic work such as a video or a movie.
- Sound Recording such as a song.
Documents for Copyright Registration
For a smooth registration process, you will need the following documents and details:
- No objection certificate (NOC) from the author of the work (if applicant and author are different).
- 3 copies of the work.
- Special Power of Attorney
- NOC from the publisher (if publisher and applicant are different and the work is published)
- If a person's photo appears on the work, NOC from that person.
- TM-60 (NOC from Trademark office) if you either want to or it is possible to use the work on goods.
- Name, address, as well as nationality of the author.
- Location of the work.
- Year and country of first publication of work.
- If the work is an adaptation or translation of another work.
- Name, address and nationality of publisher.
- Authorization in respect of work, if any.
- Title of the work.
- Language of the work.
Fee for Copyright Registration
The government fee varies as per the type of work and starts from Rs. 500. The professional fee also varies as per the type of work and starts from Rs. 1500.
Timeline for Copyright Registration
On an average, the entire process of copyright registration takes 8-9 months. This is further subject to discrepancies in the application, if the copyright office raises any.
How PocketLawyer Can Help?
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