What is a copyright?

A copyright is ‘a person’s exclusive right to reproduce, publish, or sell his or her original work of authorship (as a literary, musical, dramatic, artistic, or architectural work)’. Thus, copyright safeguards the author over his/her creations so that their productivity and creativity cannot be infringed. A copyright is done once the work is created, however it is better to protect it.

In this article, I’ll be describing the process of obtaining copyright from the procedure, fees for different cases, timeline and Documents Required.

By the end of the articles, you’ll be familiar on how to apply for copyrights online.

Copyright

Process of registration of copyright:

Step 1: Go to the website www.copyright.gov.in

Step 2: Create a User Id on the website

Step 3: Login by entering the User Id and Password

Step 4: Go to the Online Services and under e-filing of Applications, click on Online Registration of Copyright.

Step 5: The copyright application is divided into 4 steps such as Form XIV, Statement of Particulars, Statement of Further Particulars and Payment Details.

Step 6: Finish the Form XIV by entering the basic details of the applicant.

Step 7: Further, in Statement of Particulars following mandatory details are to be mentioned:

  • Name, address and nationality of the applicant
  • Signature of the applicant which shall be in jpg and jpeg format with file size less than 512 KB.
  • Nature of the applicants interest in the copyright of the work
  • Class of the work such as Literary/Dramatic, Artistic, Cinematographic Film, Sound Recording, Music or Computer Software.
  • Title of the work
  • Language of the work
  • Name, address and nationality of the author and if the author is deceased, the date of his decease.
  • Names and addresses and nationalities of the owners of the various rights comprising the copyright in the work and the extent of rights held by each, together with particulars of assignments and licenses, if any.
  • If the work is an ‘Artistic work’ which is used or is capable of being used in relation to any goods or services, the application shall include a certificate from the registrar of trade marks in terms of the proviso to sub-section (1) of section 45 of the Copyright Act, 1957).

Step 8: Further, fill up the details in Statement of Further Particulars

Step 9: Proceed for payment through Demand Draft, IPO or e-Payment.

Note: Payment details are to be made in favor of Registrar of Copyrights, payable at New Delhi

Step 10: After successful submission of form diary number shall be generated.

Fee for Registration of Copyright

Particulars Fees
License to republish a Literary, Dramatic, Musical or Artistic work Rs. 5,000/- per work
License to communicate any work to the public by Broadcast Rs. 40,000/- per applicant
License to republish a Cinematograph Film Rs. 15,000/- per work
License to republish a sound recording Rs. 10,000/- per work
License to perform any work in public Rs. 5,000/- per work
License to publish or communicate to the public the work or translation Rs. 5,000/- per work
License to publish any work in any format useful for person with disability Rs. 2,000/- per work
Application for a license to produce and publish a translation of a Literary or Dramatic work in any Language Rs. 5,000/- per work
Application for registration or copyright in a Literary, Dramatic, Musical or Artistic work Rs. 500/- per work
Application for registration or copyright in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services Rs. 2,000/- per work
Application for change in particulars of copyright entered in the Register of Copyrights in respect of a Literary, Dramatic, Musical or Artistic work Rs. 200/- per work
Application for change in particulars of copyright entered in the Register of Copyrights in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services Rs. 1,000/- per work
Application for registration of Copyright in a Cinematograph Film Rs. 5,000/- per work
Application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film Rs. 2,000/- per work
Application for registration of copyright in a Sound Recording Rs. 2,000/- per work
Application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording Rs. 1,000/- per work
Taking extracts from the indexes Rs. 500/- per work
Taking extracts from the Register of Copyrights Rs. 500/- per work
A certified copy of an extract from the Register of Copyrights of the indexes Rs. 500/- per copy
A certified copy of any other public document in the custody of the Register of Copyright or Secretary of the Copyright Board Rs. 500/- per copy
Application for prevention of importation of infringing copies (Section 53) per place of entry Rs. 1,200/- per work

Period for Registration of Copyright:

The period of registration is as follows:

  • Once an application is filed, you will receive a diary number.
  • After receiving a dairy number, you have to mandatorily wait for a period of 30 days, to ensure that no objection is filed against your claim in the Copyright Office.
  • If any objection is filed, hearing opportunity is given to both the parties, to decide whether to register the work or not.
  • If no objection is filed the application is examined by the examiners.
  • In case of discrepancy, 45 days period is given to the applicant to remove the application.
  • Usually, if everything is smooth it takes a period of 3 to 4 months for registration.

Documents Required for Registration of Copyright:

In case of online application:

Type of Work Documents to be submitted online
Artistic > Authorization from author

> Search Certificate from Trade Mark Office (TM -60) with their forwarding letter

> If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Cinematographic Films > Authorization from author/publisher

> If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Music > Authorization from author/publisher

> If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Literary/ Dramatic > Authorization from author/publisher

> If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Sound Recording > Authorization from author/publisher

> If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Software > Authorization from author/publisher

> If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

In case of physical application:

Type of Work Documents to be submitted physically
Artistic > 3 copies of work

> DD/ IPO of Rs. (as applicable) per work

> Authorisation from author

> Search Certificate from Trade Mark Office (TM -60)

> If the work is being used on goods or capable of being used on the goods.

> If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Cinematographic Films > 3 copies of work

> DD/ IPO of Rs. (as applicable) per work

> Authorisation from author/ publisher

> If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Music > 3 copies of work (Graphical Notes)

> DD/ IPO of Rs. (as applicable) per work

> Authorization from author/publisher

> If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Literary/ Dramatic > 3 copies of work

> DD/ IPO of Rs. (as applicable) per work

> Authorization from author/publisher

> If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Sound Recording > 3 copies of work

> DD/ IPO of Rs. (as applicable) per work

> Authorization from author/publisher

> If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Software > 3 copies of work

> DD/ IPO of Rs. (as applicable) per work

> Authorization from author/publisher

> If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Author Bio

Qualification: CS
Company: Practicing Company Secretary
Location: Mumbai, Maharashtra, IN
Member Since: 08 Sep 2019 | Total Posts: 3

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