Procedure for Registering a Copyright

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Copyright Registration Procedure

Step 1: File an Application

In the first step of copyright registration in India, you must submit an application. This can be done either physically at the copyright office, through speed/registered post or via the official website (copyright.gov.in). Each work you wish to register requires a separate application. You’ll also need to pay the applicable fee, which varies depending on the type of work. For example, registering an artistic work costs INR 500, while registering a cinematograph film costs INR 5000. These fees can be paid through a demand draft (DD) or Indian postal order (IPO) addressed to the Registrar of Copyright in New Delhi or via e-payment. Ensure that you include all essential documents with your application. At the end of this step, the registrar will issue a dairy number to the applicant.

Step 2: Examination

In the second step, the copyright application undergoes examination. After receiving the dairy number, there is a mandatory waiting period of at least 30 days. During this time, a copyright examiner reviews the application. This waiting period allows for the identification and resolution of objections. The examination process is divided into two segments:

  • If no objections are raised, the examiner reviews and scrutinizes the application for discrepancies.
  • If discrepancies are found, a letter of discrepancy is sent to the applicant, and a hearing is conducted after the applicant’s response. Once discrepancies are resolved, the application can proceed.

If objections are raised by a third party, both parties are notified and called for a hearing with the registrar. The outcome can be:

  • If the objection is rejected, the application proceeds to scrutiny for discrepancies.
  • If the objection is not clarified or discrepancies remain unresolved, the application is rejected, and the copyright registration process ends for the applicant.

Step 3: Registration

The final step is the registration process. At this stage, the registrar may request additional documents. Once the Registrar of Copyrights is satisfied with the copyright claim, they enter the details into the Register of Copyrights and issue a registration certificate. The copyright registration process concludes when the applicant receives the Extracts of the Register of Copyrights (ROC).

FAQs:

1. What is the importance of copyright registration?

Copyright registration is important as it provides legal protection and proof of ownership for your creative works. It helps you enforce your rights and seek remedies in case of infringement.

2. How much does it cost to register a copyright in India?

The cost of copyright registration in India varies based on the type of work. For example, registering an artistic work costs INR 500, while registering a cinematograph film costs INR 5000. The fees can range from INR 5000 to INR 40000.

3. What happens if someone raises objections during the copyright registration process?

If objections are raised during the registration process, the applicant and the objecting party may be called for a hearing by the registrar. If objections are not resolved, the application may be rejected.

G.Durghasree B.A.B.L (Hons)

G Durghasree B.A.B.L (Hons) is a registered trademark attorney with extensive experience as an Advocate for a period of 8 years. She possesses expertise in trademark law, including trademark filing and trademark hearings. Additionally, she is skilled in contract drafting and reviewing, providing legal advice and opinions, particularly in the areas of Company Law, Insolvency and Bankruptcy Code (IBC), and Goods and Service Tax Law (GST). Her experience encompasses both litigation and non-litigation aspects of these laws.