Copyritht

Overview

A copyright protects certain “forms of expression.” This includes works of art as well as written materials. It does not include an entire broad subject or topic, but rather only what you might express about that subject or topic. Copyright does not protect brands or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright also does not protect ideas or concepts. Therefore, copyright is mainly used to protect the creativity of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software.

The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author

Benefit of Copyright registration

  • Legal Protection:Creators of original works always enjoy legal protection when their work is reproduced without authorisation. Copyright Registration, however, makes it much easier to protect this original work against infringement.
  • Market Presence:By registering a copyright, a public record of your work is created and a proof of ownership is established for your creative work. It can also be used in marketing and for building goodwill in the mind of the customer.
  • Rights of the Owner:The owner of a copyright has the rights over reproduction, dissemination, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.

Required Documents

    Name, Address & Nationality of the Applicant

    Nature of the Applicant’s Interest in the Copyright

  • Class & Description of the Work
  • Title of the Work
  • Language of the Work
  • If Published, the Date of Publication

How Vakil Salah help in getting Copyright Registration?

Document Collection

We will collect the details & documents required for Copyright application from you.

Application preparation

After collecting details, we will prepare your application based on the information provided & submit the application Form A on your behalf & make the payment for Copyright application.

Once the payment confirmation is reflected in your Copyright account, you need to file “Form IV” along with the “Statement of Particulars and Statement of Further Particulars.Along with the application, three copies of published work should be sent. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered.

Copyright Allotment

The government department will take 45-60 working days to completely review your application and approve the same

Once the application and the attached supporting documents are verified, the Government Department will allot a Copyright Registration.

FAQ's

1.What is copyright?

The copyright is a negative right which prohibits unlawful copying of an original work of literature, dramatics, the computer program including computer databases and tables, artistic work, musical work, cinematography and sound recording. Copyright ensures some minimal right in favour of the author of the original work to protect their creativity from copying or counterfeiting the same, thereby safeguarding and rewarding creativity.

2.Is it necessary to register a work to claim copyright?

No. The copyright comes into existence at the time of its creation in favour of the creator of the work. The registration of the work with the registrar of copyright serves as a prima facie proof about the ownership of the copyright, and the certificate of registration of copyright serves as admissible evidence in the court of law.

3.Where to file the copyright registration in India?

The copyright application is filed at the office of the Registrar of Copyrights, located at Plot no. 32, Boudhik Sampada Bhawan, Sector 14, Dwarka, New Delhi- 110075.

4.Whether a Computer Programm can be registered under Copyright?

Yes. A computer is considered as a literary work along with computer database and its tables. Hence it can be very well registered under copyright. For registration, the “Source Code” and the “Object Code” need to be supplied for registration of copyright for a computer programme or software.

5. How to register copyright for an APP?

An app is a complete and self-contained full-fledged computer programme designed to perform a specific task or tasks. In general an app has a primary dynamic content which interacts with its users. An app may be on a computer, mobile or any other handheld the handheld wearable devices. The App can be registered as a computer program under literary work category, wherein the applicant needs to provide “Source Code” and the “Object Code” of the App. The protection fo copyright shall be available to cover the screen displays as generated by the program provided the display image is also provided along with the computer programme. Mere snapshot of the display of screens of an app is not registerable under copyright.

6.Can I register my website under the Copyright?

A website consists of web pages or a set of interconnected web pages hosted on a server and available for browsing by the public on www through the internet. One website may have various copyrightable items in it concerning section 13 of The Copyright Act, 1957 and these may be as under.For example-text,table, Computer Programme,Compilations including Computer Databases, Photographs, Paintings, diagram, map, chart, plain work of art, Musical Work & Graphical Notations of such work, Sound Recordings, Cinematographic Work,

7.How long it takes to get the copyright registration?

After filing of the application, the department allots a diary number and waits for 30 days, also known as the waiting period, in case no objection is received from the public the examiner of the copyright examines the application. If the examiner comes up with any discrepancy, the same need to be resolved within 45 days. Therefore, it takes approx 2-4 months of time in the normal course in the registration of the copyright.