Copyright protection is crucial for creators to safeguard their intellectual property, and the process of filing for copyright in India involves a systematic approach. The Copyright Act of 1957 governs copyright protection in the country, providing creators with the legal means to control the use of their original works. This article outlines the key steps involved in the copyright filing procedure in India.
Works protected by copyright
The Act grants copyright protection to the following works:
- Original works of art, drama, music, and literature;
- Films with cinematography; and
- Auditory Recordings
When a work is published, it must have a copyright if it was initially published in India. In order to obtain copyright in India for works published outside of the country, the author must have been a citizen of India at the time of publication. India must be the location of the architectural work that is involved.
Does copyright acquisition require registration?
Copyright is acquired automatically and without the need for formalities, according to information found on the Government of India’s Copyright Office website. As soon as a work is created, copyright is established. Copyright can be obtained without completing any formalities.
But when it comes to disagreements over copyright ownership, a court of law may consider a copyright registration certificate and the entries made within it as prima facie evidence. The goal of copyright registration in India is therefore to streamline the legal procedure.
The Copyright Filing Process
This article covers the topic of how to register copyright in India, including the laws and legalities pertaining to copyright in India, the steps involved in the registration process, the filing fee, and related topics.
According to the Act, a Register of Copyrights must be kept up to date in the copyright office using the format specified. The details of recently registered copyrights must be added to this register as entries.
Application for entry: Anybody interested in the copyright of a work, including the author, publisher, owner, or other interested parties, may submit an application to have the work’s details entered into the copyright registry. It must be submitted in the required format and include the required payment. For required entries, the application must be submitted before the Registrar of Copyrights.
The following is the registration process:
- The first schedule to the Rules specifies the form XIV (Including Statement of Particulars and Statement of Further Particulars) that must be used to apply for registration.
- Each work should have its own application submitted for registration.
- Each application must be submitted with the required payment listed in the Rules’ second schedule.
- The applicant must sign the applications. If applicable, a copy of the Power of Attorney that has been approved by the advocate and signed by the party should also be included.
- The required payment methods are electronic money transfers (E-payment) or demand draughts or Indian postal orders made payable to the “Registrar of Copyrights Payable at New Delhi.” Responses should be provided in detail for each and every column in the Statement of Particulars and Statement of Further Details.
- Either an Indian Postal Order made payable to the “Registrar of Copyright Payable at New Delhi” or a demand draught or electronic payment is accepted for the charge.
Place of Filing: The Registrar of Copyrights’ Copyright Office is where the registration application must be submitted. The applications can also be sent by mail. The copyright registration process has been enhanced by technological advancements, such as the availability of an E-Filing system as of February 2014.
Time required for the registration procedure: Taking into account the 30 days that must pass to file objections and the additional 45 days that must pass to remove any discrepancies, if any, it could take up to three months to register a copyright.
Remedies for Infringement
When someone violates someone else’s copyright, there may be both civil and criminal penalties. When someone violates a copyright in a work, they give the owner of the copyright access to all legal remedies, including accounts, damages, and injunctions.
In order to permit both compensatory and punitive damages in addition to exemplary and punitive damages, the law interprets the damages provision as broadly as possible. Another type of possible civil remedy is an injunction. The lawsuit must be initiated by the District Court having jurisdiction over the infringements. There are several criminal remedies available, including jail time, fines, searches, and the delivery or seizure of goods that are infringing.
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Written By: Avichal Singhal Adv.