Introduction

Copyright protects the original work of authors. Copyright inherently protects, but registration confirms ownership, and aids in enforcing copyright rights when disputes or violations come up. The Copyright Act governs copyright registration in India, 1957 which detailed the procedure under which works can be registered, when steps need to be followed, and what are the rights of the creator. You do not have to register copyright, but it is important that it’s part of public record ownership and legal remedies if infringement occurs. This blog discusses how to register copyright in India, what kinds of works qualify, and what kinds of works are ineligible to stay registered for and why you may require copyright for the works you have.

Works Eligible for Copyright Registration

Copyright is available for many creative works. The 1957 Copyright Act includes the following copyright categories:

• Literary Works: Books, manuscripts, computer programs, blogs, articles, and other written content are examples.
  
  
• Musical Works: Original music compositions, lyrics, and musical notations.
• Dramatic Works: Scripts, plays, and choreographic works.
  
  
• Artistic Works: Includes paintings, drawings, sculptures, architectural designs, and photographs.
• Cinematographic Films: Movies, documentaries, animated films, and video content.
  
  
• Sound Recordings: Includes recorded music, podcasts, audiobooks, and soundtracks.
  
  
• Software: Computer programs and mobile applications.

Copyright Law in India

The Copyright Act, 1957, forms the legal framework for copyright protection in India. Key aspects of the law include:

• Automatic Protection: An original work automatically receives copyright without the need for registration.
  
  
• Exclusive Rights: Creators have the right to copy, distribute, and modify their works.
  
  
• Moral Rights: Moral rights protect authors from having their works used for unethical purposes.
  
  
• India being a party to Berne Convention and UCC provides global copyright protection for its works.

The Benefits of Copyright Registration

Although copyright protection is automatic, registering your copyright offers several advantages:

• Legal Proof of Ownership: The copyright registration certificate serves as evidence in legal disputes, simplifying the process of proving ownership.
  
  
• Public Record: Registration establishes a public record of the creator's ownership, thereby discouraging potential infringements.
  
  
• Exclusive Rights: The owner obtains exclusive rights to reproduce, distribute, and license their work.
  
  
• Monetization Opportunities: You can commercialize registered works through licensing or royalties.
  
  
• Moral Rights Protection: Creators can ensure their work is attributed to them and used ethically.
• International Recognition: International copyright treaties protect works registered in India in other countries.

How Long Does Copyright Protection Last

Copyright protection varies by type of work:

• Literary, Dramatic, Musical, etc. Works: The creator's lifetime plus 60 years after their death.
• Cinematographic Films and Sound Recordings: 60 years after the year of publication.
• Anonymous or Pseudonymous Works: 60 years after the year of publication.

Step-by-Step Copyright Registration Process

1. Prepare Your Work: Keep your work original and copyright-eligible. Gather all pertinent papers, recordings, and digital data.
   
   
2. Visit the Copyright Office Website: Go to the official Copyright Office website, create an account, or log in to the Copyright India login portal.
   
   
3. Fill the Application Form: Choose the suitable form according to the nature of the work.
   • Form IV for literary, dramatic, and artistic works.
   • Form V for musical works.
   • Form VI for cinematographic films.
     
     
4. Attach Supporting Documents: Upload scanned copies of the original work, proof of identity and address, and authorisation documents if applying through an agent.
   
   
5. Pay the Registration Fee: The registration fee depends on the type of work, with ₹5,000 for cinematographic films. Payment can be made online.
   
   
6. Diary Number Issuance: A diary number is issued upon successful submission. This number can be used to track the application status.
   
   
7. Examination and Objection Period: The Copyright Office examines the application, and a 30-day objection period is provided.
   
   
8. Grant of Copyright: If approved, a certificate of registration is issued, serving as proof of ownership.

Is Copyright Registration Mandatory

No, copyright registration is not mandatory in India. However, registration offers significant benefits.

FAQs

1. What is the process of copyright registration?
   Complete the online application process for the Copyright Office, attach the necessary files, pay the cost, and monitor your application.
   
   
2. Can I register copyright for free?
   No, registration requires a fee based on the type of work.
   
   
3. How to get copyright permission in India?
   Contact the copyright owner and obtain written consent or a licensing agreement.
   
   
4. What is the fee for copyright in India?
   The fees vary from ₹500 for literary works to ₹5,000 for film projects.
   
   
5. Is it mandatory to register copyright?
   No, but registration strengthens your legal rights.
   
   
6. What form does one use for copyright registration?
   Depending on the type of work, use Forms IV, V, or VI.
   
   
7. What are the documents required for copyright?
   A copy of the work, proof of identity, and authorisation if an agent is filing.
   
   
8. How long does copyright take in India?
   The duration is typically 2-3 months, which includes a 30-day objection period.
   
   
9. How long is a copyright registration valid?
   The duration extends from the creator's lifetime to 60 years following their demise.