Copyright registration

Copyrights

India has a very strong and comprehensive copyright law based on the Indian Copyright Act of 1957. The copyright law is fully compatible with international norms like the Berne Convention, Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, and the World Intellectual Property Organisation (WIPO) Copyright Treaty (WCT).

A copyright grants the exclusive right to the creator to control re-production or adaptation of his/her work for a certain period. Unlike trademarks and patents, copyrights protect the unique expression of ideas and not the idea itself. Further, copyright registration cannot be obtained for titles or names, short word combinations, slogans, short phrases – as these can only be trademarked.

Under the Indian Copyrights Act, a copyright exists in:

• original literary, dramatics, musical and artistic work, cinematograph films, and sound recordings
• literary works like novels, poems, short stories, books on any subject, computer programs, song lyrics
• computer software

Copyright prevent others from:

• copying/reproducing the work in any form, such as, print, video, audio
• publishing and selling copies/recordings of the work commercially
• renting or lending the work
• broadcasting the work in various forms
• translating it into other languages

Documents required for copyright registration:

To obtain copyright registration, the following documents should be submitted:

• Name, address, and nationality of the candidate- Id proof
• No objection certificate (NOC) from the publisher if the publisher and the applicant are two different individuals
• Search certificate from the trademark office if any
• NOC from a person whose photograph appears on the work
• Power of attorney
• Two copies of the work (book / source code in CD (if website copyright))
• Know your customer (KYC) of author

Copyright registration procedure

Acquisition of copyright does not require a formal registration in India. However, it is advisable to obtain a certificate of registration of the copyright. The certificate and the entries made therein can serve as evidence in a court of law if a dispute relating to the ownership of copyright arises.

Application can be made in Form IV in a requisite manner along with the applicable fees. Irrespective of the fact that it is published or unpublished work, it can be copyrighted. For published work, three copies of the published work need to be presented along with the application. For unpublished work, a copy of the manuscript needs to be sent along with the application for affixing the stamp of the copyright office as a proof that work has been registered.

The application process for copyright is as follows:

• The application for copyright registration has to be filed in a way that mentions the specific work. Depending on the type of the work, a separate copyright application may have to be filed
• Every application has to be signed by the applicant as well as an Advocate in whose favour a Power of Attorney (POA) has been executed
• The diary number will be issued once the application is submitted online
• Upon submitting the application, examination of the work takes place and objections, if any, are raised
• A response regarding objection has to be filed within 30 days
• If there are no objections received within 30 days, the scrutinizer will check the application for any discrepancy and if no discrepancy is found, the registration will be done and an extract will be sent to the registrar for entry in the Register of Copyright
• If any objection is received, the examiner will send a letter to both parties about the objections and will give them both a hearing
• After the hearing, if the objections are resolved the scrutineer will scrutinize the application and approve or reject the application as the case may be

Copyright protection validity

Usually, copyright protection is valid for 60 years. In the case of original literary, dramatic, musical, and artistic works, the 60 years is counted following from the year of the author's death.

While in the case of the cinematographic films, sounds recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government, and work of international organizations, the 60 years is counted from the publication date.

Rights of copyright owner:

• Right of reproduction
  Copyright registration grants exclusive rights to the copyright owner. An individual cannot make copies or reproduce work without the permission of the copyright owner.
• Right of adaptation
  The Act allows the creator to use his piece of work the way he wants to use it. He can create any derivatives of his original work. He can also use a different format based on his existing creation.
• Right of communication to the public
  The owner can broadcast their original work to the public. The copyright owner can use visual signs or even images.
• Right of public performance
  The owners of artistic and musical work can perform their works in public. A musician can play his piece of music for the people. An artist can perform in public or any platform the artist wishes to.
• Right of paternity and integrity
  The creators of original work are given rights of integrity and morality. The right of attribution or paternity implies that the creator can claim the sole authorship over his piece of work. The right of integrity allows the owner to claim damages from the individuals. If anyone tries to mutilate, modify, or distort the original piece of work, the copyright holder can claim the individual's damages.
• Right of distribution
  The Copyright Act allows the owner to distribute his work in whatever form he likes. If he wishes, he can also transfer certain rights to another person to use the copyright.

Lawful use of copyrighted work without permission

The law under certain conditions allows the use of a registered work without the owner's permission for research, study, criticism, review, and news reporting, as well as the use of works in libraries and schools and the legislatures. To protect users' interests, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are:

Use of the work:

• For research or private study,
• For criticism or review
• In connection with a judicial proceeding
• For performance by an amateur club or society, if the performing for a non-paying audience
• The making of sound recordings of literary, dramatic, or musical works under certain conditions.

First owner of copyright 

Section 17 of the Indian Copyright Act of 1957 recognizes the author as the first owner, which means that subject to the provision of this Act, the author of the work shall be the first owner of the copyright therein:

• In the case of literary or dramatic composition, the author
• In the case of musical work, the musician
• In the case of creative work apart from photography, the artist
• In the case of photographic work, the artist
• In the case of cinematographic or recording work, the producer
• In case of any work generated by any computer virus, the one who created

Exceptions:

• In the case of creation which is made by the author under employment of the proprietor of any newspaper, magazine or any periodic, the said proprietor
• In the case where a photograph is taken, painting or portrait is drawn, cinematograph is made for the valuable consideration of any person, such person
• In case of a work done in the course of the author's employment under the contract of service, such employer
• In case of address or speech delivered on behalf of another person in public, such person
• In the case of government works, the government
• In the case of work done under direction and control of public undertaking, such public undertaking
• In the case of work done in which provision of Section 41 apply, concerned international organizations.

Assignment of copyright

The owner of the copyright can generate wealth not only by exploiting it but also by sharing it with others for mutual benefit. This can be done by the way of assignment and licensing of copyright.

Only the owner of the copyright has the right to assign his existing or future copyrighted work either wholly or partly and as a result of such assignment the assignee becomes entitled to all the rights related to copyright of the assigned work, and he shall be treated as the owner of the copyright in respect of those rights.

Mode of the assignment agreement

As per Section 19, following conditions are necessary for a valid assignment: 

• It should be in writing and signed
• It should specify the kinds of rights assigned and the duration or territorial extent
• It should specify the amount of royalty payable if required in any case

It is also provided that, if the period is not mentioned in the agreement it will be considered to be five years and if the territorial extent is not stipulated in the agreement, it will be considered as applicable to all of India.

Disputes related to the assignment of copyright

According to the Copyright Act of 1957 the appellant board where the receipt of the complaint by the assignor and after holding necessary inquiry, finds that the assignee has failed to make the exercise of the rights assigned to him, and such failure is attributed to any act or omission of the assignor, may by suitable order, revoke such assignment. However, if the dispute arises with respect to the assignment of any copyright then that appellate board may also order the recovery of any royalty payable.