Composing poetry is a process that demands both imagination and passion. You have created an original poem and now you must protect it from being stolen or copied without your permission. This is where it is best to apply for copyright, through which you will be able to control how your poetry will be used and by whom.
Copyright is a legal right given to a creator for a certain period of time, which encompasses the exclusive use of his or her work with the aim of allowing that creator to earn from the work done.
Copyright is an intellectual property rights which provides the creator’s exclusive rights over the creation, including poems.
Meaning of Copyright
Copyright is a legal term for works of literature and art, such as books, music, paintings, sculptures, films, computer programs, databases, advertisements, maps, and technical drawings, for which the creators retain exclusive rights.
In India, copyright provisions are governed by the Copyright Act of 1957. Specifically, the meaning of copyright is given under Section 14 of the Act. It has been amended many times in order to update with global trends and technological changes.
Copyright of a Poem
The poem is considered as a literary work as given under section 14 of the Act, that is also protectable under the Copyrights.
The Copyright law grants the creator/author/owner of “original” literary, dramatic, musical, and creative works, as well as cinematographic films, exclusive and monopolistic rights.
The work, once created, is protected automatically. However, formal registration will generally offer more substantial legal proof of ownership in the case of dispute or infringement. As a creator, your poem is considered intellectual property. In the digital age, safeguarding your work is critical to preventing duplication or unauthorized usage. Copyright protection grants the exclusive right to reproduce, distribute, or alter it.
Poems for Copyright Registration
The Author can secure copyright for different categories of poems which may include the following-
- Original Poem- Any poem that you have created yourself or in collaboration with other writers is eligible for copyright protection.
- Collection of existing Works- In such cases, the right of copyright covers the new addition, selection, and arrangements of the poems in the books by you.
- Compilation of Shorter Works- If you have written and compiled a collection of various shorter works into a single cohesive book, like a compilation of poems or short stories.
Persons entitled to get the Copyright
The original creator of the poem is the only person who is entitled to get the copyright and who will be an author of the content as defined under the Copyright Act under
Author as defined in Section 2 (d) (i) of Copyright Act 1957, “author” in relation to a literary or dramatic work means the author of the work.
The work must be original and created by the author himself; it should not be copied or taken from other authors without his permission.
Requirement for Copyright Application
There are some requirements for the documents that involve filling out a copyright application form,
- Where the applicant submits personal details such as the author’s name, address, nationality, and proof of identity.
- The work must bear a title, the date of creation, and the language, as well as at least two copies of the poem if unpublished or one copy of the published poem.
- For external publication of the work, a No Objection Certificate (NOC) from the publisher is required.
- If any trademark is associated with the poem, a Search Certificate from the Trademark Office is required.
Copyright Registration Process of the Poem
For copyrighting a poem, the registration process is available online as well as offline at the convenience of the applicant of the copyright. In both cases, various process is involved, which can be summarised as follows:
Offline Registration Process-
- Filling the Copyright Application (Form XIV) which can be taken physically after visiting the office or the same can be downloaded from the website.
- Duly filled form along with the required documents be submitted to the registrar of the copyright office in person or can also be sent through the post.
- The copyright application shall be accompanied by the prescribed fee in the II schedule to the rules (for one poem Rs 500) or as applicable in your case, this would be through Demand draft or Indian Postal Order favouring “Registrar of Copyright Payable At New Delhi”.
Online Registration Process-
- Fill out the Copyright Application (Form XIV), which is available on the website through the E-Filing facility.
- Uploading of various required documents, as mentioned, along with a copy of the poem.
- The Payment of the Registration Fee (Rs 500 per poem), or as applicable, is paid through E-Payment.
- After final Submission of the Application, an acknowledgement, and an application number received to track registration status in future.
After final submission of the Application offline/online the registrar will issue a diary number. One hard copy of each of the “Acknowledgement Slip” and the “Copyright Registration Form” to be send by post to the Office of Registrar of Copyright, Delhi.
The 30 days period is for any potential objection of the copyright; if objection raised, both the parties be notified, and a hearing will be held for the resolution.
If no such objection received within that time, the authority will review the application for any errors or omissions. If found the same will be rectified by the applicant.
At last, the application will be scrutinized for either rejection or approval of the copyright certificate.
Once the application gets approved, the copyright registration certificate will be issued by the copyright authority.
Copyright Symbol after Registration
The author can use the copyright symbol (©) to show that the work is protected by copyright once he has obtained a copyright registration certificate. This sign of copyright will prevent the unlawful use or copying of his creative work by clearly alerting others that it is protected by copyright.
Advantages of Copyright Registration
There are several advantages in filing a copyright for a poem including rights to exclusivity, proof of ownership, legal protection, recognition, and credibility, as well as international recognition.
A poet is granted the exclusive rights to reproduce, advertise or otherwise exploit the work, whereas the copyright registration is likely to be proof of ownership by law. If somebody copies, imitates, or makes any other use of the poem, he or she is liable to be sued.
Registration also ensures the originality of the author about the collaboration and does not allow the situation wherein a third party might lay claims on the work.
Global Impact of Copyright Protection
The protection of intellectual property, including poetry, has significant implications on a global level. These laws encourage respect for copyright and encourage creativity among people all over the world. With this protection, they feel safe and showcase their works to the world, knowing that no one will exploit them without permission.
Also, copyright supports the movement and exchange of culture and practice and or items. This is because poets from other countries can look forward to being appreciated, rather than worrying about their works being usurped or attributed incorrectly.
A treaty like the Berne convention on the protection of literary & artistic works which is aimed at ensuring that rights and protections are extended across national boundaries and therefore promotes very creative industries among nations.
Penalties/Punishment for Infringement
You can take legal action against the person who uses your work without your permission only when your work is registered. In addition, a plaintiff in such litigation may also seek damages and an injunction against potential infringement of his work in the future.
The punishment as prescribed in Section 63 of the Copyright Act, 1957 for both purposefully infringing the Right of Reproduction along with the Direct Licensing of Copyright or abets the infringing activities, shall be punished with imprisonment for a term of not less than six months but not more than three years, and a fine of not less than fifty thousand rupees but not more than two lakh rupees.
Validity/Duration of Copyright
Generally, the copyright of the work is valid for a period of 60 years. The counting of the 60-year period is from the year following the death of the author in the case of original literary, dramatic, musical and artistic works.
Duration of the Copyright Act provides writers and their heirs reasonable time to continue reaping the rewards from their products so that continuity will be encouraged in creativity and innovation.
Misconceptions about Copyright
- Registration is Not Mandatory– While it is not mandatory to register your copyright, it is highly recommended to register for the additional legal benefits to the author.
- It Protects Ideas, Not Just Expression- The ideas themselves cannot be protected, only their expression. Therefore, it is of critical importance that your poem should be written down and in concrete form to give protection under the Copyright Act.
Conclusion
It does not matter if you are a budding poet or an established writer. It does not matter if you are a budding poet or an established writer it is always a good idea to register your work is a smart move to safeguard your intellectual property under the Act.
Copyrighting your poem is one of the first and most important steps that will secure your intellectual property. Copyright in India, relatively free compared to other countries, prima facie appears to come with advantages in law. So later down the line, you can relax knowing that your creativity will be protected as well as appreciated and recognized.
When you receive your copyright certificate for your work, you become one among many creators where you can share your original work with confident peacefulness.
Bibliography
The Copyright Act, 1957 (14 of 1957)