PROCEDURE OF FILING, REGISTERING A COPYRIGHT APPLICATION ALONG WITH FEES AND TIMELINE- By Adv. Pragati Sharma and Shreya Kyal, Legal Intern
- What is Copyright?
A copyright is an individual’s exclusive right to reproduce, publish, or sell their unique work of creation. Copyright shields the creator over his/her manifestations with the goal that their productivity and imagination can’t be encroached.
Imagine a person composes a song. It’s a masterpiece that can fetch a lot of money, but then comes the risk that, “if another person copies and sells it under their name?” what to do in order to prevent this. The answer is easy getting the work registered with the registrar of copyright.
A registered copyright safeguards legally protects your work and protects its unauthorised usage. Hence copyright is the legal right entitled to creators of literary, dramatics, music etc.
When a proprietor registers for a copyright it gives him exclusive right. Further he can grant authority to some other entity for the same person.
- What kind of work can be registered using a copyright?
- Music
- Books
- Manuscript
- Films
- Fashion Designs
- Training Manuals
- Software
- Literary Work
- Performance
- Paintings, etc
However, it must be remembered that copyright does not protect titles, names, ideas, concepts, slogans, methods, and short phrases.
- Who can register a piece of work with the registrar of copyrights?
- The author
- The copyright claimant
- The owner of exclusive rights
- The authorized agent
There is no age bar for getting a copyright and a minor is also entitled to register a copyright. This is because copyright law recognised creativity and understands that age cannot be a restriction on creativity. Also, in case the work is created by two or more people then, creators of the work are co-owners unless they have agreed otherwise.
- Documents required for Copyright Registration
Though there are some special requirements for different kinds of work, broadly the essential requirements are:
- 3 copies of the work if the work is published;
- If the work is not published, then 2 copies of manuscripts;
- If the application is being filed by an attorney, then special power of attorney or vakalat nama signed by the attorney and the party;
- Authorization in respect of work, if the work is not the work of the applicant;
- Information regarding the title and language of the work;
- Information regarding the name, address and nationality of the applicant;
- Applicant must also provide his mobile number and email address;
- If the applicant is not the author, a document containing the name, address and nationality of the author, and if the author is deceased, the date of his death;
- If the work is to be used on a product, then a NOC-No-Objection certificate from the trademark office is required;
- If the applicant is other than the author, a no-objection certificate from the author is required. In this case, an authorization of the author may also be required;
- If a person’s photo is appearing in the work, then a no-objection certificate from such person is required;
- In case the publisher is not the applicant, a no-objection certificate from the publisher is required;
- If the work is published, the year and address of first publication is also required;
- Information regarding the year and country of subsequent publications;
- In case of copyright is for software, then source code and object code are also required. 5.Procedure for registering a copyright:
- Step 1- File an application – The author of the work, copyright claimant, owner of an exclusive right for the work or an authorized agent file an application either physically in the copyright office or through speed/registered post or through e-filing facility available on the official website. For registration of each work, a separate application must be filed with the registrar along with the particulars of the work. Along with this, the requisite fee must also be given, Different types of work have different fees.
- Step 2- Examination – In the next step, the examination of the copyright application is done. 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 :In case no objections are raised, the examiner goes ahead to review and scrutinize the application to find any discrepancy.If there is no fault and all the essential documents and information is provided along with the application, it is a case of zero discrepancies. In this case, the applicant is allowed to go forward with the next step.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 applicant is allowed to move forward to the next step.In case objections are raised, by someone against the applicant, letters are sent out to both 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 the above-mentioned discrepancy procedure is followed.In case the objection is not clarified or discrepancy is not resolved, the application is rejected and a rejection letter is sent to the applicant. For such applicant, the copyright registration procedure ends here.
- 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). 6.Time for Processing a Copyright Application-
- Once an application is filed, you will receive a diary number.
- After receiving a dairy number, you have to mandatorily wait for a period of 30 days, to ensure that no objection is filed against your claim in the Copyright Office.
- If any objection is filed, hearing opportunity is given to both the parties, to decide whether to register the work or not.
- If no objection is filed the application is examined by the examiners.
- In case of discrepancy, 45 days period is given to the applicant to remove the application.
- Usually, if everything is smooth it takes a period of 3 to 4 months for registration7.Fees Involved in Copyright Registration:
Particulars Fees License to republish a Literary, Dramatic, Musical or Artistic work Rs. 5,000/- per work License to communicate any work to the public by Broadcast Rs. 40,000/- per applicant License to republish a Cinematograph Film Rs. 15,000/- per work License to republish a sound recording Rs. 10,000/- per work License to perform any work in public Rs. 5,000/- per work License to publish or communicate to the public the work or translation Rs. 5,000/- per work License to publish any work in any format useful for person with disability Rs. 2,000/- per work Application for a license to produce and publish a translation of a Literary or Dramatic work in any Language Rs. 5,000/- per work Application for registration or copyright in a Literary, Dramatic, Musical or Artistic work Rs. 500/- per work Application for registration or copyright in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services Rs. 2,000/- per work Application for change in particulars of copyright entered in the Register of Copyrights in respect of a Literary, Dramatic, Musical or Artistic work Rs. 200/- per work Application for change in particulars of copyright entered in the Register of Copyrights in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services Rs. 1,000/- per work Application for registration of Copyright in a Cinematograph Film Rs. 5,000/- per work Application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film Rs. 2,000/- per work Application for registration of copyright in a Sound Recording Rs. 2,000/- per work Application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording Rs. 1,000/- per work Taking extracts from the indexes Rs. 500/- per work Taking extracts from the Register of Copyrights Rs. 500/- per work A certified copy of an extract from the Register of Copyrights of the indexes Rs. 500/- per copy 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 Application for prevention of importation of infringing copies (Section 53) per place of entry Rs. 1,200/- per work
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