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What is the process for registering a copyright in India?

11-Feb-2025
Trademark & Copyright

Answer By law4u team

The process for registering a copyright in India is as follows: Eligibility for Copyright: Copyright can be claimed for original works like literary works, musical compositions, artistic works, cinematographic films, sound recordings, and software programs. The work must be original and must be in a tangible form (e.g., written, recorded, or digital form). Online Registration: Copyright registration in India is administered by the Copyright Office under the Ministry of Commerce and Industry. The application can be submitted online through the official Copyright Office portal (http://copyright.gov.in/). Prepare the Application: The applicant must prepare the following documents before filing the application: Form XIV (Application for Copyright Registration) Soft copy or hard copy of the work (as per the type of work) Date of creation of the work Declaration of ownership stating that the work is original Power of attorney (if filed by an agent or attorney) If the work is a collaborative work, details of contributors may be required. Filing the Application: Step 1: Register on the Copyright Office portal and log in. Step 2: Fill in Form XIV with the details of the work, including title, author, nature of the work, and other necessary information. Step 3: Upload the required documents, including a copy of the work, identity proof, and any other supporting documents. Step 4: Pay the prescribed registration fee online. The fee varies based on the type of work and whether the application is filed by an individual or a legal entity. Acknowledgment: Once the application is submitted and the fee is paid, you will receive an acknowledgment receipt. The application will be assigned a diary number for tracking purposes. Examination of Application: The Copyright Office will examine the application to verify the eligibility of the work. If the application is found to be incomplete or incorrect, the applicant will receive a Deficiency Letter requiring rectification. Grant of Copyright Registration: If the application is accepted and there are no objections, the Copyright Office will issue the Copyright Registration Certificate. The certificate will be granted under the name of the author or creator, and the work will be listed in the Copyright Office records. Time for Registration: The process can take around 6 months to 1 year depending on the volume of applications and any potential objections. Renewal: Copyright is granted for the lifetime of the author plus 60 years. It does not require renewal, but if the work is transferred to another entity, the transfer should be recorded in the Copyright Office. In Case of Objection: If any party raises an objection during the examination of the application, the Copyright Office will issue a hearing notice, and the applicant must respond to the objection raised. Registering a copyright ensures that the creator's work is protected legally, and it provides proof of ownership in case of disputes.

Answer By Anik

Dear Client, A copyright protection is an automatically existing right that a creator obtains when he/she creates an original work. Registration of a work for copyright protection is optional but it can be really useful as legal proof in case of disputes. In India, the process for registration of a copyright is governed by the Copyright Act, 1957. Here is how it is done – 1. The first step is to apply online by visiting the official portal. There, you need to create an account and fill the copyright application form – Form XIV. 2. The next step is to submit all the required documents. These are – a copy of your work (e.g., document, song, artwork, code), a proof of identity (Aadhaar, driving license, etc), and a No Objection Certificate in case the work is jointly created or used by another person. 3. Third step is to pay the fee, which may vary depending on the type of work, but is usually around ₹500–₹5000. 4. After submission, you will receive a Diary Number and this will confirm your application. 5. There is a mandatory waiting period of 30 days before the registration is approved to allow others to raise objections, if any. 6. After this, if there is no objection, the application is examined. And if objections arise, a hearing may be scheduled. 7. Once the registration is approved, the Copyright Office issues an official Registration Certificate which is a proof of your ownership. Generally, this entire process takes about 3 to 8 months, depending on objections and processing time. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

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