Copyright Registration in India: A Guide Introduction
With growing awareness of intellectual property rights (IPR) and advancements in technology, the demand for copyright, trademark, and patent registration has surged in India. Businesses and creators now use these legal protections to safeguard their work.
What is Copyright?
Copyright is a legal right granted to creators of:
- Literary, dramatic, musical, and artistic works
- Cinematograph films and sound recordings
In India, copyright registration gives owners exclusive rights to:
- Distribute, reproduce, adapt, or translate their work
- License or authorize others to use it
- Protect their creative efforts from infringement
Legal Framework: Copyright Act, 1957
The Copyright Act, 1957 governs copyright in India and allows:
- Ownership transfer from one person to another
- Employers to claim copyright if work is commissioned under employment
- Businesses often use copyright registration to protect their literature, manuals, and creative assets, ensuring exclusive ownership and legal security.
Who Can Apply for Copyright Registration in India?
Any individual or entity that creates an original literary, artistic, musical, dramatic work, cinematograph film, or sound recording can apply for copyright under the Copyright Act, 1957. The work must be new, original, and not previously registered.
Eligible Applicants
The Author: The creator of the work or, in the case of a “work made for hire,” the employer.
The Copyright Claimant: The author or any entity that has acquired ownership rights through a written contract, assignment, will, or transfer.
The Authorized Agent: A person or institution legally permitted to act on behalf of the author, copyright claimant, or exclusive rights holder.
The Owner of Exclusive Rights: A person who holds specific rights under copyright law, which may be separately owned and transferred.
Benefits of Copyright Registration
- Legal Protection: Prevents unauthorized use, copying, or distribution.
- Adds Value to Intellectual Property: Strengthens the brand and intangible assets.
- Right to Sue for Infringement: Grants the owner legal grounds to take action against violations.
- Enhances Brand Trust: Builds consumer confidence and credibility.
Who Can Apply for Copyright Registration?
- Name of Applicant*
- Full Address of Applicant*
- Nature of Work (Class, description, title, and language, if required)
- Date of Publication (If applicable)
- Proof of Identity and Address (*Mandatory)
How to Register a Copyright?
The copyright registration process consists of four key steps:
1. Collection of Required Documents
Gather essential documents, including proof of identity and address, along with an authorization letter for filing the application.
2. Application for Registration
- Submit the application to the Registrar of Copyrights in the prescribed format.
- Applications can be filed online or offline within two working days.
- Upon submission, the Registrar issues a Diary Number, initiating a 30-day objection period.
3. Conduct Hearing (If Necessary)
- If objections are raised within 30 days, a hearing is conducted by the Registrar.
- The application is scrutinized for discrepancies.
- If no objections arise, the process moves to the final stage.
4. Registration of Work
- If no discrepancies are found, the Registrar approves and registers the work.
- If objections were raised, a final decision is made after re-examination.
- The applicant receives an official Copyright Registration Certificate.
Validity of Registered Copyright
A registered copyright remains valid for 60 years. However, the starting point of this period varies based on the type of work:
- For Literary, Dramatic, Artistic, or Musical Works:
- The 60-year period begins from the year following the author’s death.
- For Sound Recordings, Cinematographic Films, Photographs, and Certain Publications:
- The 60-year period starts from the date of publication.
- This applies to anonymous, posthumous, pseudonymous publications, as well as works of international organizations and government publications.