Copyright Registration

Copyright Registration

is a legal right that grants the creator of his/her work exclusive rights for the use and distribution of the same.Copyrights protect the original idea from being utilised by a competitor the Copyright Act,1957 governs the subject of copyright law in India.

The purpose of copyright registration is to place on record a verifiable account of the date and content of the work in question, so that in the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government source.

Before 1978, in the United States, federal copyright registration was generally secured by the act of publication with notice of copyright or by registration of an unpublished work. This has now been largely superseded by international conventions, principally the Berne Convention, which provide rights harmonized at an international level without a requirement for national copyright registration. However, the U.S. still provides legal advantages for registering works of U.S. origin.

It is a common misconception to confuse copyright registration with the granting of copyright. Copyright in most countries today is automatic on “fixation” – it applies as soon as the work is fixed in some tangible medium. This standard is established internationally by the Berne Convention (1886), which most countries have signed onto since. copyright Registration may be required by countries before joining Berne. For instance, the US required registration of copyrighted works before it signed onto the Berne Convention in 1989; at that point, registration was no longer required for works to be copyrighted in the US.

The observation that copyright registration is not required in the United States, however, has been described as misleading. 86–87 This is partly because registration remains a prerequisite to filing an infringement suit, 87 and also because important remedies depend on prompt registration—such as attorneys fees and statutory damages. 90 At least one commentator has questioned whether the conditioning of legal recourse on registration is inconsistent with the United States’ obligations under the Berne Convention regarding “formalities”.90 n.11

All United States copyright registrations and renewals registered since 1978 have been published online at the Copyright registration Office website. copyright Registrations and renewals prior to 1978  were published in semi-annual softcover Copyright Catalogs. For films from 1894 to 1969, inclusive, Library of Congress published hardcover Cumulative Copyright Catalogs, each covering ten or more years.

Copyright registration fee

FEE CAN BE PAID BY POSTAL ODER /DEMAND DRAFT/ONLINE PAYMENT  PAYABLE TO “REGISTRAR OF COPYRIGHTS, NEW DELHI”:

1.For a license to republish a Literary, Dramatic, Musical or Artistic work (Sections 31,31A,31B*and32A)Rs. 5,000/- per work

2.For a license to communicate an any work to the public by Broadcast(Section 31(1)(b))Rs.40,000/-per applicant/per sataton

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  Rs. 500/- per 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 (Section 45)  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  Rs. 200/- per 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 (Section 45)  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  copyright 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 copyright registration  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

Copyright Registration is necessary to protect the creators, creative work such as music, books, manuscripts, software’s, films, fashion designs, website etc from being copied and used for commercial purposes without the creators permission thus causing tremendous loss to the creator. Copyrights  registration operates against unauthorized copying, the taking of another’s creation, without paying for it.

Copyright registration is essentially a creation of statute, the copyright registration act makes it clear that no person shall be entitled to Copyright  registration or any similar rights, in any work whether published or unpublished, otherwise than in accordance with the provisions of the Act.

Copyright Registration of Creative work Protects your Creativity from being Stolen or Duplicated, and gives you a Confirmed Legal Right over your creation.

Copyright Registration gives your Creative work a legal Status, thereby making it an Intellectual property, giving you exclusive legal right over your creation.

 

You May also be interested in Reading: Features of ROC Software

 

Requirements and Procedure for Copyright registration

 Requisites for filing a copyright application

 1. Name, address and nationality of the applicant

2. Name, address and nationality of the author of the work

3. Nature of applicant’s interest in the copyright i.e. OWNER / LICENSEE etc.

4. Title of the work

5. A declaration signed by the author (if different from the applicant)

6. Language of the work

7. Whether the work is published or unpublished

8. If the work is published, year and country of first publication and name, address and nationality of the publisher

9. Year and countries of subsequent publications, if any

10. Name, address and nationality of any other person authorized to assign or license the rights in the copyright

11. Power of attorney for the firm

12. Six hard copies of the work and three soft copies

13. (For computer programs – 3 copies of the program on CD ROMs.)

 Procedure for grant of copyright in India

1. The application with complete details and copies of the work is filed

2. Thereafter, the application is examined and objections, if any, are raised, or any extra documents required are requested

3. A response has to be filed within 30 days

4.The certificate is issued by the copyright office after the objections, if any, are removed to the satisfaction of the Copyright Registry

Copyright status

Copyright application status can be checked online on copyright.gov.in.

The various statuses that are possible are:

Waiting: Payment Accepted,Application in mandatory waiting period of one month(Copyright Act 1957).

Scrutiny: Application  is under process.

Discrepant: Application is not in complete format a letter will be sent to you by Registered Post.

Re-Scrutiny: Application is under process again with Reply sent by you.

Registered: ROC is Generated will be sent to you by Registered Post.

You May also be interested in Reading: Features of Legal Software

COPYWRITING HOW TO :

COPYRIGHT
COPYRIGHT

Please visit http://volody.com/ to avail the service.

 

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