Copyright And Its Registration In India

Copyright is a bundle of rights given by the law to the creators of literary, dramatic, musical and artistic works and the producers of cinematograph films and sound recordings including the rights in computer software codes. The rights provided under Copyright law include the rights of reproduction of the work, communication of the work to the public, adaptation and translation of the work. However, ideas, procedures, methods of operation or mathematical concepts cannot be copyrighted. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create. If a work is protected by copyright, no one can imitate, copy or reproduce the original work in any other way. A term of copyright in India is 60 years.

Why should one get their work registered under Copyright law?

It is not mandatory to get copyright protection but it is always advisable to do so because it will give the owner a certain set of minimum rights over his work and the protection that no one will be able to copy his work for a minimum period of time. This satisfaction will always motivate the owner to do more work and create more items. All kinds of literary and artistic works can be copyrighted, you can also file a copyright application for your website or other software codes. Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ has also to be supplied along with the application for registration of copyright for software products. Copyright protection prevents undue proliferation of private products or works, and ensures the individual owner retains significant rights over his creation.

Difference between a Trademark registration and Copyright registration

Intellectual properties can be tricky and most of the people get confused whether they should get their Logo/Design registered as a Trademark or a Copyright. To make a smart choice you should be able to decide your purpose for registration. If the purpose is to use the logo/design to help people identify the source of goods or services, then one should go for Trademark registration. But if the goal is to get the Logo/Design registered for the purpose of getting an exclusive right to print, display, distribute, reproduce and perform the work without using it as an identification of source of goods and services, then one should go ahead for Copyright registration.

Copyright registration process

• Copyright application filing: An application (including all the particulars and the statement of the particulars) has to be filed with the registrar along with the requisite fees. Separate applications has to be filed for separate works. The registrar will issue a Dairy No. for each application for future reference.
• Examination by registrar: There is a mandatory waiting time of 30 days to invite any objections against the application. If no objections are received within 30 days, the scrutinizer will check the application for any discrepancy.
• Acceptance by the registrar: If any objection is received, the examiner will give a reasonable opportunity of being heard to both the parties. After the hearing, if the objections are resolved then the Registrar will approve and register the application.

Government fees

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