Copyright

WHAT IS COPYRIGHT?

A copyright is a collection of rights that automatically vest to someone who creates an original work of authorship – like a literary work, song, movie or software. These rights include the right to reproduce the work, to prepare derivative works, to distribute copies, and to perform and display the work publicly

ADVANTAGES OF COPYRIGHT REGISTRATION IN INDIA

Getting copyright protection for a creative original work comes with the following benefits:

WORKS PROTECTED BY COPYRIGHTS

copyright gives certain exclusive rights to persons who create original works of authorship, including literary, dramatic, musical, artistic and certain other intellectual works. This protection is available to both published and unpublished works. Copyrightable works include the following categories:

WORKS NOT PROTECTED BY COPYRIGHT

RIGHTS OF COPYRIGHT OWNER

Rights of Copyright ownership gives the holder of the copyright in an original work of authorship six exclusive rights:

WHO CAN REGISTER A PIECE OF WORK WITH THE REGISTRAR OF COPYRIGHTS?

Who can register a piece of work with the Registrar of Copyrights?

The author

The owner of exclusive rights

The copyright law can grant a person exclusive rights to control and use and distribution of an original work. These rights include the right to reproduce or make copies of the original work, the right to distribute copies of the work, the right to publicly display the work, the right to perform the work and the right to alter the work and make derivatives of the original work. The owner of such exclusive rights is permitted to apply for registering his or her claim in the work.

The copyright claimant

The authorized agent

ESSENTIAL DOCUMENTS REQUIRED FOR COPYRIGHT REGISTRATION

Though there are some special requirements for different kinds of work, broadly the essential requirements are:

PROCEDURE FOR REGISTERING A COPYRIGHT

The steps involved in the registration process are:

Step 1: File an Application

ESSENTIAL DOCUMENTS REQUIRED FOR COPYRIGHT REGISTRATION

Though there are some special requirements for different kinds of work, broadly the essential requirements are:

PROCEDURE FOR REGISTERING A COPYRIGHT

The steps involved in the registration process are:

Step 1: File an Application

Step 2: Examination

In the next step, the examination of the copyright application takes place.

Once the dairy number is issued, there is a minimum 30 days waiting period. In this time period, the copyright examiner reviews the application. This waiting period exists so that objections can arise and be reviewed. Here the process gets divided into two segments:

Step 3: Registration

The final step in this process can be termed as registration. In this step, the registrar might ask for more documents. Once completely satisfied with the copyright claim made by the applicant, the Registrar of Copyrights would enter the details of the copyright into the register of copyrights and issue a certificate of registration.

The process registration of copyright completes when the applicant is issued the Extracts of the Register of Copyrights (ROC).

FEE DETAILS

Compulsory License Fee Table
S.No For an application for COMPULSORY LICENSE: Fee
1 For a license to republish a Literary, Dramatic, Musical or Artistic work (Sections 31, 31A, 31B* and 32A) Rs. 5,000/- per work
2 For a license to communicate any work to the public by Broadcast (Section 31(1)(b)) Rs. 40,000/- per applicant/per satation
3 For license to republish a Cinematograph Film (Section 31) Rs. 15,000/- per work
4 For a license to republish a sound recording (Section 31) Rs. 10,000/- per work
5 For a license to perform any work in public (Section 31) Rs. 5,000/- per work
6 For a license to publish or communicate to the public the work or translation (Section 31A) Rs. 5,000/- per work
7 For a license to publish any work in any format useful for person with disability (Section 31 B) Rs. 2,000/- per work
8 For an application for a license to produce and publish a translation of a Literary or Dramatic work in any Language (Section 32 & 32-A) Rs. 5,000/- per work
9 For an application for registration or copyright in a:
(a)Literary, Dramatic, Musical or Artistic work
(b)Provided that in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services (Section 45)
(a) Rs. 500/- per work
(b) Rs. 2,000/- per work
10 For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a:
(a)Literary, Dramatic, Musical or Artistic work
(b)Provided that in respect of a literary or Artistic work which is used or is capable of being used in relation to any goods or services (Section 45)
(a) Rs. 200/- per work
(b) Rs. 1,000/- per work
11 For an application for registration of Copyright in a Cinematograph Film (Section 45) Rs. 5,000/- per work
12 For an application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph Film (Section 45) Rs. 2,000/- per work
13 For an application for registration of copyright in a Sound Recording (Section 45) Rs. 2,000/- per work
14 For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45) Rs. 1,000/- per work
15 For taking extracts from the indexes (Section 47) Rs. 500/- per work
16 For taking extracts from the Register of Copyrights (Section 47) Rs. 500/- per work
17 For a certified copy of an extract from the Register of Copyrights of the indexes (Section 47) Rs. 500/- per copy
18 For a certified copy of any other public document in the custody of the Register of Copyright or Secretary of the Copyright Board Rs. 500/- per Copy
19 For an application for prevention of importation of infringing copies (Section 53) per place of entry Rs. 1,200/- per work

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