Copyright Registration in India - Copyright India

Copyright Registration Process and Procedure

When you are Registering a Creative Work under the Copyright Act You are not Only applying for Legal Right, but also Determining The Exclusive Right over the Creative work.
We Know how to get that Exclusive Right, that is because we are equipped with knowledge of hundreds of Supreme court judgments and Guidelines and the Latest Updates on Copyright law around the Globe.

Why is Copyright Registration Necessary?

Copyright Registration is necessary to protect the creators, creative work such as music, books, manuscripts, software's, films, fashion designs, website etc from being copied and used for commercial purposes without the creators permission thus causing tremendous loss to the creator. Copyrights operates against unauthorized copying, the taking of another's creation, without paying for it.

Copyright is essentially a creation of statute, the copyright act makes it clear that no person shall be entitled to Copyright or any similar rights, in any work whether published or unpublished, otherwise than in accordance with the provisions of the Act.

Copyright Registration of Creative work Protects your Creativity from being Stolen or Duplicated, and gives you a Confirmed Legal Right over your creation.

Copyright Registration gives your Creative work a Legal Status, thereby making it an Intellectual Property, giving you exclusive Legal Right over your creation.

Copyright Registration Guarantees Speedy Justice

Copyright Registration is necessary to Obtain legal Right Over your Creative Work. Legal Right is a Full-Proof stamp of ownership of your Creative Work, Which Non can take away from you. that is primarily The biggest reason why One should Register their Copyright immediately on Completion of one's creative work.

List of Creative Works Protected by the Copyright law in India are:

1. Literary Work Which Includes Computer Program And Computer Databases Apart From Book.
2. Sound Recording Or Audio Recorded Files Which Could Include Songs, Dialogues Recorded Etc
3. Cinematograph Film Includes Films, Videos, Cartoon Films. It Is Advisable To Include Creative Rights In The Various Agreements Between Parties In The Initial Stage Itself.
4. Artistic Work Including A Painting, A Sculpture, A Drawing Such As A Map, Chart Or Diagram, An Engraving, A Photograph, Architecture/ Artistic Craftsmanship And Dramatic Work.
5. Musical Work Meaning Staff Notations And Written Music.

Copyright Subsists Only In Certain Works The Term Work Means Any of The Following, Namely:

1. A Literary, Dramatic, Musical or Artistic Work,
2. A Cinematograph Film
3. A Sound Recording,
4. Government Work Means A Work Which Is Made or Published By or Under The Direction or Control of:
   
   1. The Government or Any Department of Government,
   2. Any Legislature In India,
   3. Any Court, Tribunal or Other Judicial Authority In India.
       

What is the purpose of Copyright Registrar

Copyright Registrar primarily serves as an office of record, a place where claims to copyright are registered and documents related to copyright are recorded. the purpose is to furnish information about the provisions of the copyright law and the procedures for making registration, to explain the operations and practices of the Copyright Office, and to report on facts found in the public records of the Office.

Object of Copyright Registration

The object of copyright law is to encourage authors composers and artists to create original works by rewarding them with the exclusive right for a limited period to reproduce the works for the benefit of the public. On the expiry of the term copyright the works belong to the public domain and anyone may reproduce them without permission. The exclusive right given to tho author is a negative right that is to say, a right to prevent others from copying or reproducing the work.

Copyright like patent right, is a monopoly restraining the public from doing that which, apart from the monopoly, it would be perfectly lawful for them to do. The monopoly is itself right and just, and is granted for the purpose of preventing persons from unfairly availing themselves of the work of others, whether that work be scientific, literary or artistic. The protection of authors, whether inventions, works of art, or of literary compositions, is the object to be attained by all patent and copyright laws. The Acts are to be construed with reference to this purpose. On the other hand, care must always be taken not to allow them to be made the instruments of oppression and extortion.

Copyright Your Creative Work Today and Be Protected Under the Indian Copyright Laws

We offer Copyright Registration Services
Right from your Desktop.

Why Choose Legal service India To Prepare and File Your Indian Copyright Office Application?

1. Legal service India was designed by copyright attorneys to offer creative people complete yet affordable copyright protection services - right from the comfort of your home saving you unnecessary time, energy and thousands of rupees in legal fees.
   
   
2. Legal service India professionally drafts and prepares the correct Indian Copyright Office form and provides a money-back guarantee that your copyright will be accepted by the Registrar of Copyright Office
   
   
3. Legal service India Specializes in Copyrighting:
   

   Books / E-Books / Manuscripts, Song Lyrics / Written Music, Recorded Music / Songs, Poetry, Screenplays / Stage Plays, Short Stories, Websites / Software, Video / Films, Photography
   
   

4. WE also do Copyright Hearing in case of Discrepancy Clearance, all we require is a power of attorney from you and the reasons for denial copyright registration, we will ensure that your copyright is approved, by our arguments support by case laws and copyright research which we will conduct on your matter.
   

Copyright Registration Gives The following kind of Copyright Protection Under The Copyright Laws?

Registering your work with the Registrar of Copyright Office is basically a copyright protection insurance policy. Copyright protection arises automatically the moment the author fixes the work in a tangible form (i.e. when a writer writes her story), without the author having to do anything.

So why register for copyright protection if you're work is automatically protected?

Here are four important reasons why filing for copyright protection with the Registrar of Copyright Office is important:

1. Copyright Registration establishes a public record of your copyright and puts everyone in the world on notice that you have sought and claim copyright protection under the Copyright laws.
2. You cannot Sue anyone for copyright infringement until you have filed for copyright protection with the Registrar of Copyright Office.
3. No award for statutory damages or attorneys fees will be made for any infringement of a copyright in an unpublished work which occurs prior to the submission of the copyright registration documents. The same holds true for published works, unless the copyright registration is made within three months after the first publication.
4. If the registration of your work is done within five years from its creation, it is considered Prima Facie Evidence in court. Prima facie evidence means that if you ever went to court, proof of the copyright registration with the Registrar of Copyright Office would be sufficient evidence of your ownership of the copyrighted material.

The only way for another party to win would be for them to present evidence showing:

• That they had a pre-existing copyright claim to the work.
• That you permitted them to use your work.
• That you didn't actually create the work.
• That you stole it from them.

If you are serious about protecting your work, obtaining copyright protection under the copyright laws is a smart and necessary step to take.

Copyright guarantees protection from Government of India to your priceless creative work.

Documents required for copyright registration in India:

Primary duty of Copyright Registrar is to serve as a guarantor of your Creative Ownership, thus the requirement is your creative work and certain papers requiring your signature, as well as Notary Declaration in case of Sound Recording and Cinematography.

Is A Copyright In India Recognized Worldwide?

Copyright in India is recognized virtually worldwide under the Berne Convention and the applicable law of its member nations.
Click on the link Berne Convention to see the list of countries where your copyright stands valid when registered in India

Also check Copyright Registration procedure in India and Copyright law in India

Note* Copyright Certificate issued by Government of India
Click here to see a Copyright Certificate



Copyright Registration Gives the Copyright Holder the following Rights:

1. The Right to Copy or reproduce The Creative work.
2. The right to be credited for the Creative work.
3. Also the Right to determine who may adapt the work to other forms. i.e a book to a film
4. The right to decide who may perform the work
5. And Most importantly who may financially benefit from it.

Supreme court Guidelines on Copyright Registration of Sound Recording and Cinematography

In case you want to copyright a Video, Film or an Audio Recording track i.e song, we request you to have an agreement with all the people involved in the making of it to give an NOC in the very beginning before you avail their services, that they will not have any Objection to you copyrighting the creative work in your favour. This has become imperative now after the latest Supreme court Guidelines on Sound Recording and Cinematography Copyright Registration. Most of the filmmakers in India are facing an uphill task in getting their film copyrighted due to this latest inclusion, kindly ensure that you do not fall in this trap. If you do not have any idea on this how to execute it do let us know we can do it for you at a minimal fee.

• Copyright Registration Under the Copyright Act of 1957 serves as a Prime Facie Evidence in all courts in India, without further proof or production of the original.
   
• Good news for all waiting for their copyright certificate, the copyright office has now expedited their services hence now Copyright certificate is issued within 6 months.
   
• Choreography can also be copyrighted when reduced to writing as a Dramatic work, in the following way:
  
  1. shorthand notation of Benesh
  2. the longer more academic and elaborate Laban system and
  3. Choreographer's own invented system
   

Click here to see a Copyright Certificate / Click here to see the entire Copyright Registration Process

How to File a Copyright Infringement Case in India

1. The Entire Court Procedure To File A Copyright Infringement Case In India
2. How To Institute The Suit,
3. Who Should Be Parties To Suit,
4. What Should The Pleadings Contain,
5. What Should The Plaint Contain,
6. How Is The Written Statement of Defense To Be,
7. Discovery And Interrogatories,
8. Inspection of Documents Referred To In Pleadings Or Affidavits,
9. How Is The Verification of Plaint Done,
10. What The Plaintiff Has To Establish,
11. What The Plaint Should Contain,
12. Plaint Should Also Contain Prayers

We have given Complete details on Copyright Registration following topics are dealt in exclusively namely:

1. Copyright Registration Process and Procedure

   Email us at [email protected] stating what exactly do you want to copyright we will send the entire procedure along with the fee.
   
   

2. Copyright Registration Process Flowchart

3. Time for Processing Application

   
   
   From the date of submission to certification it has its own time duration.
   1. First 30 days is the cooling period, during this period if anyone wants to make an objection can do so
   2. If Non makes an Objection than it goes in the process of scrutiny
   3. If there is errors or suspicion in the application it will get into Objection
   4. If no Objection is found it goes into Copyright Registration Clearance.
   5. A permanent Copyright Registration no is assigned
   6. Finally after nearly six months You will receive the Certificate via Indian Postal
      
      

4. Scope and Extent of Copyright Registration

   These Days the Copyright Law has become Global India being a member of Berne Convention has Made the validity of your certificate to over 195 countries, Check the link to see the list of countries where it is valid.
   
   

5. How To copyright a work in India

   We Offer the Services to Copyright Registration in India, being experts in Copyright Infringement matters in Court we exactly know how a Copyright needs to be Registered so that, If your creative work is copied or stolen, our method of Submission is so perfect that the Hon'ble court will not hesitate to give you Lightning speed judgment in your favour. Our Huge experience in this field gives us the edge over others. Our Clients have experienced this time and again when the real test of Copyright Registration is tested in the Court of law.

How to copyright a song in India?

A Song contains a bundle of additional copyrights involved i.e Song has Musicians, Lyricist, Singer, Sound Recorder, Composer and Producer, in most cases each aspect is done by various individuals, it is their sum total contribution, that leads to the creation of an audio recorded Song, hence to register such a creative work, NOC from each has to be obtained, only than can a Song be copyrighted, If even a single one of those involved rejects to give NOC copyright registration for a song will fail.

Additional Rules to Follow for Copyright Registration of an Audio song and Video file:
It is mandatory to get No Objection Certificate from each and every person involved in the making of the video or audio song, if even one person involved in the creation of the song or film refuses to give NOC than the Copyright office will disregard your Copyright application and dump it as OBJECTION.

Protection of copyright in Film, Script, Translation and Dubbing-
A script is a written text of a movie. Therefore, it is different from story and the screenplay though there is an element of overlapping. Similarly, the dubbing is different from translation. A film with a sound track with a different A dubbing is meant to provide a film with a sound track with a different language from the original. In dubbing, what what is important is the lip movement. Thus no Verbatim translation is possible in an activity of dubbing.

Under the Copyright Act of 1957, both a literary work and a cinematograph film would come under its purview thus, entitled for protection. They both operate on different fields. They are not meant to be seen in conflict with each other. A copyright of cinematograph film shall not affect the separate copyright of a work, which forms part of it.

Literary work is distinct from dramatic work:
Broadly speaking, a dramatic work may also come within the purview of the literary work being a part of dramatic literature. However, provisions of the Act make a distinction between the literary work and dramatic work. Keeping in view the statutory provisions, there cannot be any doubt whatsoever that copyright in respect of performance of dance would not come within the purview of the literary work but would come within the purview of the definition of dramatic work.

Originality of Literary Work mean as Par Copyright Registration Law in India

Originality in work Relates to the expression of thought.-
S.2(o) of the Copyright Act, is an inclusive definition and, therefore, not exhaustive.

Its literary work includes tables and compilations Dissertation is, therefore, prima facie literary work.

The Creative Literary Work Original does not necessarily mean that the Creative work must be the expression of original or invented thought. The Indian Copyright Act is not concerned with the origin of ideas, rather with the expression of thoughts and in the case of "literary work" with the expression of thoughts in print or writing.

The originality means here relates to the expression of the thought but the Act does not require that the expression must be in an original or novel form, but that the Creative work must not be copied from another person's Creative work that it should originate from the author. See University of London Press Ltd. v/s University Tutorial Press Limited, (2000-2020) 2 Ch 601.

Thus it is well settled that the originality in work relates to the expression of thought. Much depends on the skill, labour knowledge and the capacity to digest and utilize the raw materials contributed by the others in imparting to the product the quality and the character which those materials did not possess and which differentiate the product from the materials used.

It is always possible to arrive at the same result from independent sources. The compiler of work in which absolute originality is of necessity excluded is entitled, without exposing himself to a charge of piracy, to make use of preceding work upon the subject, where he bestows such mental labour upon what he has taken, and subjects it to such revision and correction as to produce an original result.

The question whether there has been an infringement of copy right depends whether a colourable imitation has been made.

Effect of Copyright Registration:

The intention behind the enactment of the section was not to make registration compulsory or mandatory for the purpose of enforcement of copyright. It provided an option. It was, therefore, not obligatory for an author to get the copyright registered under Section 44 for the purpose of acquiring rights conferred by it.

The registration Establishes that the person shown is the actual author of the creative work. The presumption is not conclusive but where contrary evidence is not forthcoming, it is not necessary to render further proof to show that the copyright vested in the person mentioned in the register. Section 48 of the Copyright Act provides that the registration of copyright shall be prima facie evidence of the particulars entered therein.

Documents purporting to be copies of the register certified by the Registrar of copyright and sealed with the seal of the copyright office shall be admissible in evidence in all courts without further proof or production of the original. If the Legislature intended to make the requirement of registration mandatory, the

Language of Section 44 would have been different. There is no provision in the Act depriving an author of the rights conferred by this Act on account of non-registration of the copyright.

The only effect of registration is what is stated in Section 48, namely, that it shall be prima facie evidence of the particulars entered in the register. There is no indication in any of the provisions of the Act, read individually or as a whole, to suggest that registration is a condition precedent to subsistence of copyright or acquisition or ownership thereof or relief's for infringement of copyright.

The certificate of registration under the copyright Act will only prima facie show that the particulars mentioned therein are entered in the copyright register. The mere fact that something is entered in the copyright register, does not, as a matter of law, establish that what is registered is in fact and in law copyrightable subject-matter.

This is so because the sine qua non to the existence of copyright, is the expenditure of skill and labour on any work which originated from its author and unless the original work on which skill and Iabour has been expended by its author is produced in court to prima facie show that the work has originated from the author, it cannot be said that there is copyright in the work.

Registration of copyright does not confer any rights copyright exists whether registration is done or not and the registration is merely a piece of evidence as to when a certain author started claiming copyright in the artistic or other work. The definition of the word author and Section 17 lay emphasis on the fact that copyright vest in that person who is the original creator of this work. where it is not possible to be definite as to who was the original creator, the person who got registration earlier is presumed to be the author or original creator of the artistic work.

What Does Producer is The Author of The Film?

Section 2(d)) of the Act includes a producer of a cinematograph film in a definition of an author. Thus, a producer of a cinematograph film is an author entitled for protecting his copyright.

How to copyright a website in India?

Only the content of a Website can be copyrighted, Since your Host is your witness in Court.

What is Neighbouring Rights?

Copyright consist in not merely the right to reproduction but in the right to works derived from the original works. Rights like the right of public performance, the recording right and the broadcasting right are as important or even more important than the right of reproduction.

The right to prevent reproduction of recordings given to the producers of sound recordings and right of public performance of a dramatic or musical work are termed as neighbouring rights under the European Law

How to Display a Copyright Notice:
Copyright Notice in India does not have any strict or standard rule, However the general rule in which it is most commonly used is in this manner:
‚© Traditions and Modernity in Khasi Society, 2018-2020

However these days even the Diary now is also mentioned to clearly state that a particular book is registered by Ministry of human Resources. Govt of India

Example: ‚© Traditions and modernity in Khasi Society, 2000-2001, Diary no: xxxx/xxxx-Co/L (this option is preferred as this clearly shuns away copyright violation)

Most publications, also mentions the following:
No part of this publication may be reproduced or stored in a retrieval system in any form or by any means without the prior written permission of the copyright owner.

Highest no of copyright registered between 2018-2020, mentioned below the 5 top cities these are numbers we at legal service India have registered based on our static's:

1. Mumbai - Most creative city in India as per copyright registration in the year 2019-2020, jumped up from third place in the previous year
2. Hyderabad - Second Most creative city in India as per copyright registration, was in the no 1 position last year.
3. Chennai- In the Third position up by one position since last year
4. Bangalore - Now to fourth position
5. Kolkata - was first on 2018 maintains its fifth position.
6. Kerala - Best position was first place in 2017

The Astronomical Figure of Two Lakh Copyrights Registration Has Been Achieved By Legal Service India, Thank You For Your Continued Support And Trust In Us

Copyright Law Articles:

Copyright law is a vast subject it is not just merely about Registration of Creative work and attaining a Certificate, it involves a huge study and evolution of Laws related to Creative works value and maintainability of Individual rights over his/her Intellectual Property, those various aspect of Copyright law is mentioned in these numerable articles mentioned below. Please go through them to increase your knowledge on Copyright law:

• Latest Copyright Articles
• Impact Of Digital Technology On Copyright Law
• Compulsory Licensing in Copyright
• Copyright In E-Publishing And The Development In Indian Copyright Law
• Copyright Infringement and Protection in India
• New Copyright Amendment Rules, 2021: An Overview
• FAQ on Copyright Registration
• How do you Register your Creative work with the Copyright Office in India - Registration of Copyright
• Procedure and Guidelines to Obtain Statutory Licence For Cover Versions of Songs as par Copyright Laws
• Copyright Office and Registrar of Copyright
• Scenes affaire in India
• Copyright Societies
• Copyright Laws in India
• Copyright protection in literary work, Book, scripts, screenplay, novels, lyrics
• Infringement of Copyright
• What cannot be copyrighted in India
• Copyright Protection on Reports of Judicial Proceedings
• Copyright Protection on historical book
• Copyright Amendment Bill 2012
• Tips To Hire A Copyright Lawyer In India
• Remix culture: Impact on Copyright owner of musical works
• The Copyright Act (Amendment) Bill, 2012 - artistes entitled to lifelong Royalty
• Intellectual Property and Traditional knowledge
• Registration and filing of Copyrights in India
• The Rights protected by Copyright Law
• Copyright Law in India
• Copyright Infringement through internet
• Copyright Judgments in India
• Challenges of Copyright And Cyber Space
• Cyberspace A Two Edged Sword For Copyright
• The Doctrine of First Sale in Indian Copyright Law
• Copyright Registration in India
• Guidelines For Implementation of Section 209 IPC In IPR Matters
• Statutory Licence for Broadcasting or Literary And Musical Works And Sound Recording
• Strengthening Consumer Protection Against Abuse of Intellectual Property Rights

Copyright Online - Copyright Law