Copyright Registration in Tamil Nadu

Copyright Registration in Tamil Nadu

In law, the term "Copyright" designates the exclusive rights given to the author or owner of a unique work.

A person has the legal right to preserve their work through registration according to copyright laws. In Tamil Nadu, copyright registration is an essential element of an author's protection of their creation. This invention might be anything- a play, movie, novel, song, or piece of art that gives authors, actors, musicians, and other creatives the only right to use and distribute their works alongside others who generate audio recordings and movies.

There are several financial benefits in registering the creator's intellectual property.

What is Copyright Registration in Tamil Nadu?

Copyright registration is a legal process that provides defence to anyone who creates original works of literature, art, music, and other forms of intellectual expression in Tamil Nadu. The registration of copyrights prohibits any creative endeavour that is allowed by the Indian Copyright Act of 1957. It is a crucial step that protects authors' intellectual property rights and stops unauthorized use or duplication of their works.

The work is identified and made clear to be protected from violation by the copyright symbol (©). However, there are other benefits to copyright registration in Tamil Nadu, like legal protection, public notification, and defense against infringement claims.

In Tamil Nadu, copyright registration covers a wide variety of production or work categories, such as literary works, sound recordings, cinematography films, pictures, creative works, computer-generated works, and musical compositions. The creator's copyright is protected both during their lifetime and for a minimum of 60 years following their demise.

Why is Registration of Copyright Necessary in Tamil Nadu?

While copyright protection is not required, it is always advisable to have it in order to protect creative works- such as songs, novels, manuscripts, software, movies, fashion designs, websites, and so forth- from being plagiarized and used for profit without the creators' authorization, which could cause them great financial loss. Copyright rules forbid unauthorized copying and the theft of another person's creations without giving credit.

Copyright registration in Tamil Nadu establishes your creative work as intellectual property and provides you exclusive legal rights over it.

The Essential Conditions for Copyright Registration in Tamil Nadu

• Candidate Basic Information: Prior to registration, the candidate's name, address, and nationality must be provided.
• Soft Copies and CDs: The candidate is required to create a soft copy of all of his or her files, ideally in GIF, JPG, or PNG formats. You must produce four CDs or DVDs with the specific computer applications if you want to file a copyright for them.
• Obtain a Trademark Certificate for Creative Works: Prior to submitting a copyright registration for any creative work, you must acquire a clear copyright search certificate from the trademark office.
• Power of Attorney: The appropriately exercised power of attorney by the candidate is required if the candidate is registering copyright via any authorized firm or advocate.

Significance & Benefits Copyright Registration in Tamil Nadu

There are multiple noteworthy advantages to registering your copyright, even if copyright protection in Tamil Nadu is automatic:

• The legal Proof: When you register, your copyright ownership is publicly known. If there has been a violation, this can be incredibly convincing proof.
• To Bring an Infringement Case: Without a registered copyright, a person is not authorized to file a lawsuit alleging copyright infringement. Copyright holders now have the official ability to file infringement lawsuits and use registration to obtain reimbursement.
• Continued Protection Even After the Creator's Demise: The protection afforded by copyright is not limited to the lifespan of its original inventors; rather, it has an indefinite validity. It is warranted for the lifetime of the inventor and for 60 years following their death.
• Evidence of Ownership: A registered copyright is considered to be original in court, and it is the purported infringer's responsibility to prove otherwise.
• Protecting against imitations: Once your designs and information are copyrighted, no one will dare steal them. Those who violate or exploit copyrighted content face severe sanctions and harsh punishments under the copyright law.
• Copyright contributes to increased market credibility: People will go after content that is unique, cannot be copied from anywhere, and cannot be copied by someone else.
• Aids in increasing revenue and business: A license agreement will outline the cost of renting or licensing copyright. Copyright transfer and licensing are the only things that the publishing and film industries rely on.
• Provides Value: An intangible asset created by a copyright registration can be sold, franchised, or entered into a business contract.
• Global Protection: Similar rights are granted in India to works that are copyrighted in several other countries. Additionally, several other countries award protection to works that are copyright-registered in India.
• Limits Unapproved Reproduction: Your seriousness about Copyright violation will be proven by the registration. Giving the owner a wealth of legal support, this will aid in preventing the work's unauthorized reproduction.

Who can Register a Work?

Not everyone is able to protect their work's copyright. Now let's look at who is legally entitled to copyright protection:

1. Author: The term "author" refers to the one who really developed the work.
2. The Owner of All Rights: A unique work of art can only be managed, used, and issued by the owner of the rights, which are granted by copyright legislation.
3. Copyright Claimant: The party claiming ownership rights under a copyright may be the author or an entity that has acquired these rights directly from the author in accordance with a will or formal contract.
4. Authorized Agent: Any person who is allowed to act on behalf of the author, a copyright claimant, or the owner of an exclusive right.

Documents Needed for the Copyright Registration Process in Tamil Nadu

• Applicant's Name, Address, and Nationality
• Certificate of Registration or Incorporation, if it applies to a company, partnership firm, LLP, or other
• Information on the copyright, including the work's title, language, translation records, and publication facts.
• Certificate of No Objection (NOC) from the work's original creator, if applicable
• Three copies of the work that need to be protected by copyright
• Board Resolution or letter of authorization (if needed)
• Any further paperwork that could be needed.

The Copyright Registration Process in Tamil Nadu

The following provides comprehensive guidance on the copyright registration process in Tamil Nadu:

Step 1: Submit the Application

An individual must submit an application if they wish to stop their creation from being protected by copyright in Tamil Nadu. It is the first step in the copyright registration process. The application must be submitted with a sufficient cost paid by the applicant.

A diary number is provided by the Registration office shortly after the application is filed. An individual identifying number known as the diary number is provided to the applicant at the time of registration. This number is used to monitor and ask questions regarding the registration process.

Step 2: Process for Filing an Objection

Following the issuance of the Diary number, the applicant must wait for a necessary 30-day cooling-off period. The examiner examined the application and waited for any objections throughout these thirty days. Anyone can raise an objection here if they find the application to be similar to or pirated, and it will be reviewed. Following the waiting period, there are two possible scenarios, including:

In the Event of an Objection: A copyright application is stopped if a third-party objects within 30 days. Both parties are notified by the examiner and are required to reply to the objection. Until the applicant and the opposing party settle their differences, the application is kept on hold.

The registrar holds a hearing shortly after the reply, during which both parties must present relevant documentation to support their positions. The application will proceed to the following step if the registrar receives adequate proof at this point; if not, it will be denied.

In the Event of No Objection: The application moves on to the scrutiny and discrepancy check stage if no objection is voiced within the 30-day window and all the supporting documentation is adequate.

Step 3: The Process of Examination

The application is examined after the objection period has ended. The examiner closely examines and looks for any irregularities during the examination procedure. Again, there are two possible results in this situation:

Discrepancy: In the event that an applicant discovers a discrepancy during the examiner's review, they will be issued a "Discrepancy Letter." The problems with the desired application are mostly described in "The Letter of Discrepancy."

Following receipt of the letter, the applicant must respond in support of that and at the registrar's hearing. If the registrar receives satisfactory proof or a response during the hearing process, the application will move on to the next round; if not, it will be denied.

In the Event of Zero Discrepancy: The application moves on to the following phase if the registrar finds no discrepancies and all the papers are acceptable. Where the application receives its certificate of registration.

Step 4: Certificate of Registration

Registration is the last phase after the application has completed all of the aforementioned processes.  At this point, the Copyright Register Certificate is given to the applicant.

This certificate functions as a legally binding statement of ownership, granting the applicant the sole right to produce and distribute the original work. However, the applicant receives a refusal notice from the registrar if the application is denied.

Symbol for Copyright

After obtaining copyright registration in Tamil Nadu, you can denote that your work is copyright protected by using the copyright symbol (©). This symbol can assist in preventing unlawful use or duplication of your creative work by clearly indicating to others that the material is protected by copyright.

If Your Registration is Rejected, What Should You Do?

According to Copyright Rules, 2013, rule 70(12), a hearing must be held. However, the choice of whether to accept or reject the work won't be made until following the hearing. The petitioner may appear through a pleader or show up in person for the hearing.

Section 72 of the Copyright Act, 1957 states that anyone who feels injured by the final verdict or judgment of the Registrar of Copyrights may file an appeal with the Intellectual Property Appellate Board (IPAB) within three months of the date of the order or decision.

Validity of Copyright Registration in Tamil Nadu

Once an artwork is protected by a copyright, it remains so until the creator's death. If the creator gave permission for the work to be shown in public, then the validity of the copyright expires upon his passing; if not, it is extended for a further 60 years after the creator's death. When there is joint authorship, the term runs for sixty years after the last living author's demise.