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COPYRIGHT REGISTRATION

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Copyright Registration

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Copyright is a form of intellectual property protection like trademark and patents. A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Copyright gives the owner of the work a certain safeguard to ensure the intellectual work is protected and creativity is rewarded. Copyright includes a bundle of the right like the rights of reproduction, communication to the public, adaptation, and translation of the work.

 

In India, Copyrights are registered under The Copyright Act, 1957. The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. However, ideas, procedures, methods of operation or mathematical concepts cannot be copyrighted. Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation, and translation of the work. There could be slight variations in the composition of the rights depending on the work.

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    Reasons for register for Copyright

    1. Legal Protection: Copyright registration serves as prima facie evidence in the court of law over ownership of the work. Therefore, copyright registration gives the owner legal protection for his/her work
    2. Branding or Goodwill: Registered copyright can be used for marketing and creating a sense of goodwill and quality in the minds of your customer. Registered copyright show others that you care about your work.
    3. Restricts Unauthorized Reproduction: Copyright registration will establish that you are serious about copyright infringement. This will help impede unauthorized reproduction of the work as it provides the owner with a host of legal remedies.
    4. Global Protection: Works that are copyrighted in many other countries are accorded similar privileges here in India. Likewise, works copyright registered in India are accorded protection in many foreign countries.
    5. Creation of Asset: Copyright registration creates an intellectual property, an intangible asset. Registered copyrights are an intellectual property and the rights can be sold, franchised or commercially contracted.

    DOCUMENTS REQUIRED

    Artistic

    • 2 Copies of work
    • DD/IPO of Rs. (as applicable) per work NOC from author if applicant is different from author.
    • NOC from publisher if work published and publisher is different from applicant.
    • Search Certificate from Trade Mark Office (TM -60) if the work is being used on goods or capable of being used on the goods.
    • NOC from person whose photograph appears on the work.
    • If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

    Cinematograph film

    • 2 Copies of work
    • DD/IPO of Rs. (as applicable) per work
    • NOC from various copyright holders or copy of agreement (deed of assignment).
    • NOC from publisher if work published and Publisher is different from applicant.
    • If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

    Music

    • 2 Copies of work (Graphical Notes)
    • DD/IPO of Rs. (as applicable) per work
    • NOC from publisher if work published and publisher is different from applicant.
    • NOC from author if applicant is other than author.
    • If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

    Literary/Dramatic

    • 2 Copies of work
    • DD/IPO of Rs. (as applicable) per work
    • NOC from publisher if applicant is other than publisher and work is published.
    • NOC from author if applicant is other than author.
    • If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

    Sound Recording

    • 2 Copies of work
    • DD/IPO of Rs. (as applicable) per work
    • NOC from various copyright holders or copy of agreement (deed of assignment).
    • NOC from publisher if work published and publisher is different from applicant.
    • If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

    SOFTWARE

    • 2 Copies of work
    • DD/IPO of Rs. (as applicable) per work
    • NOC from author if author is different from applicant.
    • NOC from publisher if work is published and publisher is different from
    • If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
    • Source code and object code of work for verification.