Copyright is the legal right entitled to the creators of literary, dramatic, music, and artistic work and producers of films and recordings. When an owner registers for a Copyright, it gives him a right to copy, reproduce, and distribute the work. Moreover, he can grant authority to any other entity for the same purpose.
How Does Online Copyright Registration Work?
Benefits of Copyright Registration:-
Types of Copyright
Any original work of literature in the form of fiction, technical books, movie scripts, any type research work, biography, compilation, even computer programmes including computer databases. These all can have a copyright irrespective of its quality or style.
Original artistic work which consists of paintings, sculptures, graphics, cartoons, photography, buildings models etc. can also be copyrighted under Section 2 of the Copyright Act.
A cinematograph is a work of audio and visual recordings. This can also be copyrighted as it involves some kind of unique creativity by the creator.
It includes performance in a play, a piece of recitation, a work of choreography, etc. Although they are quite similar to literary work, they are usually considered under a seperate class.
What all are eligible to be a Copyright?
The following works are eligible for a copyright:
- All literary works: These include short stories, poems, newspaper articles, blogs, plays, and reference materials.
- Artistic works: These include drawings, paintings, pictures, and sculptures.
- Technical Drawings
- Television shows
- Musical compositions
- Concerts and other live performances
- Computer software
- Computer hardware
For any of these works to qualify for a copyright, they must meet what the law describes as “some minimal degree of creativity.”
Procedure for registration of Copyright?
Section 44 of the Copyright Act, 1957 provides for the registration of all works in which copyright subsists.
- Application for registration is to be made on Form XIV (including Statement of Particulars and Statement of Further Particulars) as given in the first schedule to the Rules. Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically. Statement of Further Particulars includes-Literary, including Software, Dramatic, Musical and Artistic Works only).
- For each work separate application should be made for registration.
- Each application must be attached with the required fee mentioned in the second schedule to the Rules.
- The applicant should sign the applications including the Statement of Particulars.
- Both published and unpublished works can be registered. The Copyright work published before 21st January 1958, i.e., prior to the enactment of the Copyright Act, 1957, can also be registered, provided the works still enjoy copyrigh
- In the case of computer programs, the applicant should provide the source code and object code as per Rule 70 (5) for registration of Computer Programme or Software.
- In the case of the Sound Recording & Cinematograph category, one must enclose the copy of the agreement. If there exists no agreement, one must get a No objection certificate from other copyright holders and include the same with the application.
When the applicant work is registered as unpublished and then at a later date gets it published, the applicant can apply for changes in particulars entered in the Register of Copyright in Form V as prescribed in the first schedule to the Copyright Rules, 1958, along with the prescribed fee and in accordance with Rule 16 of the Copyright Rules, 1958.
Checklist (Documents Required) - Documents Required for Copyright Registration
➔Name, Address & Nationality of the Applicant.
➔Name, address and nationality of the author of the work.
➔Nature of the applicant’s interest in the copyright – whether the applicant is the author of the work or the representative of the author.
➔Copies of the original work
➔ID proof of the owner and Incorporation certificate if it is for business.
2.Nature Of The Work
➔Class & Description of the Work
➔Title of the Work
➔Language of the Work
➔Date of Publication – Publication in internal magazines, like a company magazine or a research paper submitted to a professor does not count as publication.
Although a list of the works covered by copyright cannot be found in the Act, works commonly protected by copyright throughout include:
- literary works like novels, poems, plays, reference works, newspaper articles;
- computer programs, databases;
- films, musical compositions, and choreography;
- artistic works like paintings, drawings, photographs, and sculpture;
- architecture; and
- advertisements, maps, and technical drawings.
It should be noted that copyright protection does not extend to ideas, procedures, methods of operation, or mathematical concepts, but only to expressions. Copyright may not be available for various objects like titles, slogans, or logos, relying on whether or not they contain sufficient authorship.
Rights under copyright can be divided into two:
- economic rights, which gives the owner a monetary reward from others using his works; and
- moral rights, which protect the non-economic interests of the author.
The former allows the owner to authorize or prevent others to use part of the copyrighted work. The economic rights owner of a work can prohibit or authorize:
- its reproduction in various forms, like printed publication or sound recording;
- its public performance, like during a play or musical work;
- its recording, as an example, within the type of compact discs or DVDs;
- its broadcasting, by radio, cable or satellite;
- its translation into other languages; and
- its adaptation, unique into a movie screenplay.
Samples of widely known moral rights include the right to mention authorship of a work and, therefore, the proper to oppose changes to a work that might harm the creator's reputation.
The term "work" is used within the copyright context to ask an honest range of intellectual creations, from novels to architecture, computer programs, etc.
Earlier, many countries had legislations that required the copyright holder to suit certain formalities to receive copyright protection. One of those was to include a symbol that copyright had been claimed, like by using the symbol ©. Currently, only a couple of countries still impose formalities on copyright. Therefore the use of such symbols isn't any more a legal requirement. Nonetheless, many right owners even include the symbol © as a highly visible because of emphasizing that that employment is protected by copyright. All rights are reserved, as against a less restrictive license.
No. The acquisition of copyright is automatic, and it doesn't require any formality. Copyright comes into existence as soon as a work is formed, and no ceremony is needed to be completed for acquiring copyright. However, a certificate of registration of copyright and, therefore, the entries made therein can be used as evidence during a court of law in case a dispute concerning ownership of copyright arises.
Yes. Any individual can apply for copyright of a work either at the copyright office or by post or by e-filing facility from the Copyright Office website. www.copyright.gov.in if he/she is the author or the rights owner.
Yes. Computer Software or programs are often registered as 'literary work. 'As per Section 2 (o) of the Copyright Act, 1957 "literary work" includes computer programs, tables, and compilations, including computer databases. 'Source Code' and "Object Code" have also to be supplied alongside the appliance for registration of copyright for software products.
No. For a work to be copyrightable, it must be completely original. Therefore, titles, short word combinations, slogans, short phrases, methods, plots, or factual information are often not copyrightable.