No. 1, Doctor Lane, Gole Market, Delhi-110001
support@gainme.com
Name, address & Nationality of the Applicant- ID proof & Address Proof
NOC from the author if the applicant is different from the author
Mobile and email address of the applicant
Name, Address and nationality of the author of the work (if the applicant is different from author)
Nature of the applicant’s interest in the copyright- whether the applicant is the author of the work or representative of the author
Two copies of original work (Unpublished)/ 3 copies (if published)
If applicant is a business entity- Incorporation certificate of such entity
Power of Attorney- to permit our associate to act on your behalf for the copyright registration authorities
Date of publication of original work on public domain and a proof of the same
NOC from the person if his/her photo is appearing in the work
Copyright search certificate from Trademark office, if applicable
A Copyright is a right given by the law to the creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In India, Copyright registration is done under the Copyright Act, 1957. This Act protects the right of copyright holders. Such rights include rights of reproduction, communication to the public, adaptation and translation of the work. A copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. If a work is protected by copyright, no one can imitate copy or reproduce the original work in any other way without the permission of the author or creator
A Copyright can be taken for the following works:
Name, address & Nationality of the Applicant- ID proof & Address Proof
NOC from the author if the applicant is different from the author
Mobile and email address of the applicant
Name, Address and nationality of the author of the work (if the applicant is different from author)
Nature of the applicant’s interest in the copyright- whether the applicant is the author of the work or representative of the author
Two copies of original work (Unpublished)/ 3 copies (if published)
If applicant is a business entity- Incorporation certificate of such entity
Power of Attorney- to permit our associate to act on your behalf for the copyright registration authorities
Date of publication of original work on public domain and a proof of the same
NOC from the person if his/her photo is appearing in the work
Copyright search certificate from Trademark office, if applicable
Copyright registration gives the owner a legal protection over his/her work. No one can distribute, display, reproduce or use such work in any manner without permission of original author or creator. In case of copyright infringement, the authors can sue the infringers to secure their work and claim statutory damages
A registered copyright creates a sense of goodwill and quality in the minds of customers. It creates a brand consciousness among the public which helps in marketing and publicity
Registered copyrights are intellectual property, an intangible asset. Such rights can be traded, franchised or commercially engaged
Copyright protection gives prima facie evidence in case if the litigation proceeds. It will be easier to establish the title over the work if a copyright has been obtained for such work
Works that are copyrighted in many other countries are accorded similar privileges here in India. Likewise, works copyright registered in India are accorded protection in many foreign countries
Copyright protection is valid for 60 years. If it is literary, dramatic, musical and artistic works, the 60 years period is counted from the year following the expiry of the author. In other cases, the 60 years period is counted from the date of publication. Therefore, if original copyright holder dies, right of his/her legal heir over the copyright is secured for the original work
Step by Step procedure of registration
Step-I: The author of the work, copyright claimant or authorized agent shall file an application either physically in the copyright office or through speed/registered post or through e-filing facility available on the official website (copyright.gov.in). For registration of each work, a separate application must be filed with the registrar along with the particulars of work and requisite fees. Every application has to be signed by the applicant as well as an Advocate in whose favour POA has been executed
Step-II: On successful filing of application, the registrar will issue a Dairy Number to the applicant and there is a mandatory waiting time for a period of 30 days for any objections to be received
Step-III: In case no objections are raised, the examiner goes ahead to review and scrutinize the application to find any discrepancy. If there is no discrepancy, the registration will be done and an extract will be sent to the registrar for the entry in the Register of Copyright
In case some discrepancies are found, a letter of discrepancy is sent to the applicant. Based upon his reply, a hearing is conducted by the registrar. Once the discrepancy is resolved, the application is allowed for review and scrutiny before entry in the Register of Copyright
In case objections are raised by someone against the applicant, letters are sent out to both the parties and they are called to be heard by the registrar. Upon hearing if the objection is rejected, the application goes ahead for scrutiny and then incorporated in Register of Copyright. In case objection is not resolved, the application is rejected and a rejection letter is sent to the applicant
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright protection for ideas, procedures, and methods of operation or mathematical concepts as such
Copyright protection is not applicable for ideas and methods for example: business operations, technical discoveries, mathematical principles and other such concepts; commonly available info- e.g. telephone directories, general databases taken from free public records etc.; Choreographic works and speeches unless they are notated or videotaped. Also business names, product descriptions, taglines and other such expressions cannot be copyrighted
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright, a work must be original
No, Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to the ownership of copyright
The Copyright office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights. It is located at Plot No. 32, Boudhik Sampada Bhawan, Sector-14, Dwarka, New Delhi- 110075. The applications are also accepted by post. On-line registration through “e-filing facility” has been provided from 14th February 2014, which facilitates the applicants to file applications at the time and place chosen by them
Refer the link http://copyright.gov.in/frmFeeDetailsShow.aspx for the details of fees payable for each work for which copyright is sought. One can pay fees in favour of “Registrar of Copyrights” payable at “New Delhi”. The fee is not reimbursable in case of rejection of the application
Any person or business entity can apply for copyright registration. The person may be an individual who is either a author, creator, musician, photographer, producer, painter, composer or a company which may safeguard their creativity by using the legal authority
Yes, both published and unpublished works can be registered. Two copies of published or unpublished work may be sent along with the application. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. One copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office
When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form XV with prescribed fee. The process of registration and fee for registration of copyright is same
Yes, 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’ and “Object Code” have also to be supplied along with the application for registration of copyright for software products
After you file your application and receive diary number you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim. In case any objection is filed, the Registrar of Copyrights after giving an opportunity of hearing to both the parties, may decide to register the work or otherwise
If no objection is filed, the application is examined by the examiners. If any discrepancy is found the applicant is given ordinarily 45 days time to remove the same. Therefore, it may take around 2 to 3 months time for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key for speedy disposal the matter
As per the rule 70(12) of the Copyright Rules, 2013, an opportunity of hearing must be given. However, only after hearing, it may be decided to register the work or to reject it. The applicant himself or his/her pleader may appear in the hearing
As per section 72 of the Copyright Act, 1957 any person aggrieved by the final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Intellectual Property Appellate Board (IPAB)
An App is a complete, self-contained computer program that is designed to perform specific tasks. An App usually has primarily dynamic content and is designed for user interaction. It may be used directly or indirectly in a computer or hand held electronic device
An App may be registered as a computer program under literary works as provided under Section 2(o) of the Copyright Act, 1957. For this purpose applicant is required to submit an application for registration under software category, accompanied by the source and object code as provided under Rule 70 (5) of the Copyright Rules 2013
It is important to note that the registration will cover any screen displays generated by that program, provided that the computer program (code) generating the screen display is submitted by the applicant. Mere snapshots of screen displays of an app are not eligible for copyright protection
Validity period of a copyright is as below for various categories of work:
Yes, a copyright can be sold, transferred, gifted, assigned or franchised with the due consent from the owner of the work
Building professional community with a vision.