What is the procedure to apply for a copyright?
- 1. WHAT IS THE PROCEDURE TO APPLY FOR A COPYRIGHT?
- 2. What is Copyright? COPYRIGHT is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
- 3. LEGISLATION The Indian law of copyrights is enshrined in the Copyright Act, 1957. The Act seeks to provide for the registration of copyrights in India. The object of copyright law is to encourage authors, artists and composers to create original works by rewarding them with exclusive right for a fixed period to reproduce the works for commercial exploitation.
- 4. RIGHTS CONFERRED BY REGISTRATION In general, registration is voluntary. Copyright exists from the moment the work is created. Under Indian law, registration is not required either for acquiring copyright or for enforcing it in an infringement action. However, registration has evidentiary value in a court of law with reference to dispute relating to ownership of copyright.
- 5. REQUISITES FOR FILING A COPYRIGHT APPLICATION 1. Name, address and nationality of the applicant 2. Name, address and nationality of the author of the work 3. Nature of applicant’s interest in the copyright i.e. OWNER / LICENSEE etc. 4. Title of the work 5. A declaration signed by the author (if different from the applicant) 6. Language of the work 7. Whether the work is published or unpublished 8. If the work is published, year and country of first publication and name, address and nationality of the publisher 9. Year and countries of subsequent publications, if any 10. Name, address and nationality of any other person authorized to assign or license the rights in the copyright 11. Power of attorney for the firm 12. Six hard copies of the work and three soft copies
- 6. PROCEDURE TO GRANT COPYRIGHT a. The application with complete details and copies of the work is filed b. Thereafter, the application is examined and objections, if any, are raised, or any extra documents required are requested c. A response has to be filed within 30 days d. The certificate is issued by the copyright office after the objections, if any, are removed to the satisfaction of the Copyright Registry