- What is a Copyright?
- Why should you get Copyright?
- What types of work are protected under Copyright?
- Are there any exceptions to copyright protection?
- What documents are required for copyright registration?
- What is the procedure to obtain a copyright
- How to file for copyright registration Online:
What is a Copyright?
Copyright grants the author of the original material the exclusive right to use and reproduce it for a certain period of time until it becomes public. Copyright Protection exists for original works whose authorship is fixed in a tangible medium of expression that they can perceive, reproduce and communicate without the aid of a machine or a device. The copyright holder has exclusive rights to reproduce, distribute, perform, display, license, and prepare derivative works based on this Copyright.
Why should you get Copyright?
In the event of a probable copyright infringement, the registration certificate of the Copyright and registered copyrights contained in the particular registered Copyright are considered admissible in court and serve as prima facie evidence. Formal registration of a copyright is not necessary in order to obtain protection, as the author is entitled to copyright protection under Indian law from the moment a work is produced in a tangible form. Copyright and other intellectual property rights do not require formal procedures such as protection for the author’s lifetime (up to sixty years).
What types of work are protected under Copyright?
Copyright subsists throughout India in the following classes of works:
– Original literary, dramatic, musical, and artistic works;
– Software and Computer programs:
– Cinematograph films; and
– Sound recordings.
However, Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots, or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright, a work must be original.
Are there any exceptions to copyright protection?
Without the explicit consent of the copyright owners, a fair deal for research, study, criticism, review, news reporting, and the use of works in libraries, schools, and legislatures is authorized under certain conditions. Some exclusions have been prescribed in respect of specific uses of copyrighted works in order to protect the interests of users. Some of the exemptions are the uses of the work.
1. for the purpose of research or private study,
2. for criticism or review,
3. for reporting current events,
4. in connection with a judicial proceeding,
5. performance by an amateur club or society if the performance is given to a non-paying audience, and
6. the making of sound recordings of literary, dramatic, or musical works under certain conditions.
What documents are required for copyright registration?
- Name, Address & Nationality of the Candidate – ID proof
- 2 Copies of the work
- DD/IPO of Rs. (as applicable) per work
- NOC from author or publisher as applicable
- If the application is being filed through an attorney, a specific Power of
- Attorney in original duly signed by the applicant and accepted by the attorney
Please visit here for a more detailed list of essential documents.
What is the procedure to obtain a copyright
Details information regarding Fee Details can be found here.
Chapter VI of the Copyright Rules, 1956, as amended, sets out the procedure for the registration of a work. Copies of the Act and Rules can be obtained from the Manager of Publications, Publication Branch, Civil Lines, Delhi, or his authorized dealers on payment. The procedure for registration is as follows:
– Application for registration is to be made on Form IV (Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules;
– Separate applications should be made for registration of each work;
– Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules; and
– The applications should be signed by the applicant or the advocate in whose favor a Vakalatnama or Power of Attorney has been executed. A power of attorney signed by the party and accepted by the advocate should also be enclosed.
At the end of this step, a diary number will be issued by the Registrar.
Following the filing of the application, the application for Copyright Registration is examined. After the applicant receives their Diary Number, they must wait at least thirty days for the Copyright Examiner to consider their application. After the examination procedure is completed, the Copyright Registration process is divided into two parts:
A. When Objections are Raised:
If anybody objects to the applicant, a letter is given to both parties informing them of the objection, and they are called by the Registrar for a hearing. If the objection is denied during the hearing, the applicant may request an examination and the inconsistency procedure followed.
B. When No Objection Raised:
If no objections are raised by any party, the examiner approves the application to be examined and checked for any problems. If there are no discrepancies and all of the required documents are submitted with the application, the applicant may move to the following level or phase. However, if any differences are discovered, the applicant will receive a discrepancy letter. The applicant must answer, and the Registrar will hold a hearing based on the applicant’s response. After the disagreement is settled, the applicant is allowed to proceed to the following level. If the disagreement cannot be resolved, the application will be denied, and a note will be written to the applicant.
This is the last step in the Copyright Registration process. Extra information and documentation may be requested by the Registrar. The Registrar will put the application details into the Copyright Register and issue a registration certificate if the Registrar is completely pleased with the applicant’s Copyright application.
How to file for copyright registration Online:
- First visit this website here.
- Enter your valid User ID and Password to log in.
- Click onto NewUser Registration, if you have not yet registered.
- Note down User ID and Password for future use.
- After login, click on to link “Click for online Copyright Registration”.
- The online “Copyright Registration Form” is to be filled up in four steps
- Complete the Form XIV, then press SAVE button to Save entered details, and press Step 2 to move to Next Step.
- Signature to be scanned in 512 KB and kept ready for uploading.
- Fillup the Statement of Particulars, and then press SAVE button to Save entered details, and press Step 3/4 to move to Next step
- Fillup the Statement of Further particulars. This form is applicable for “LITERARY/ DRAMATIC, MUSICAL, ARTISTIC AND SOFTWARE” works, and then press SAVE button to Save entrered details, and press Step 4 to move to Next Step.
- Make the payment through Internet Payment gateway
- After successful submission of the form, Diary Number will be generated (Please note it for future reference).
- I. Artistic Work to be uploaded in pdf/jpg format.
- II. Sound Recording Work to be uploaded in mp3 format.
- III. Literary/Dramatic, Music and Software* Work to be uploaded in pdf format, less than 5 MB, keep ready.
*Pdf containing at least the first 10 and last 10 pages of source code, or the entire source code if less than 20 pages, with no blocked out or redacted portions.
Please take 1 hard copy (print) of “Acknowledgement Slip” and 1 hard copy (print) of “Copyright Registration Form”, and send it by post to
Department For Promotion of Industry and Internal Trade
Ministry of Commerce and Industry
Boudhik Sampada Bhawan,
Plot No. 32, Sector 14, Dwarka, New Delhi-110078
Email Address: copyright[at]nic[dot]in
Telephone No.: 011-28032496
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