COPYRIGHT REGISTRATION AND OBJECTION
What is Copyright Registration And Objection?
Copyright Registration- By law, copyright is the legal right entitled to creators of literary, dramatics, music, and artistic work and producers of films and recordings. Copyright registration in India grants its proprietor exclusive, sole rights to distribute, replicate, reproduce the work or give authorization to another entity for the same. It offers a bundle of rights - communication to the public, rights of reproduction, adaptation and translation of the work. In India, Copyrights are governed by the Copyright Act, 1957.
Copyright Objection- Copyright objection means an objection on application raised by Registrar. There are various reasons for the objection of copyright such as similarities in work with existing work, duplication of work with another’s work. The application which is presented by the applicant may be objected at any time within 30 days of submission of application of copyright. The Registrar sends a letter to the applicant asking reply with the clarifications.
The following types of works are allowed protection under the copyright law:
1. Literary Works-This can include novels, nonfiction works, poems, articles, essays, directories, advertising, catalogues, speeches, and computer programs.2. Musical Works-This category includes both the musical notation and the accompanying words.
3. Dramatic Works- This type includes plays, operas, scripts, screenplays, and any accompanying music.
4. Pantomimes and Choreographic Works- Popular dance steps are not included in this type of work.
5. Pictorial, Graphic, and Sculptural Works- Works included are sketches, drawings, cartoons, paintings, photographs, slides, greeting cards, architectural and engineering drawings, maps, charts, globes, sculptures, jewellery, glassware, models, tapestries, fabric designs, and wallpapers.
6. Motion Pictures and Other Audio-visual Works-These include movies, videos, and film strips.
7. Sound Recordings-This includes recorded music, voice, and sound effects. Thunder, animal noises, and other sounds of nature may be copyrighted by the persons who record them.
8. Compilations-You can put together a collection of existing materials and the collection as a whole can be copyrighted. Some examples would be a book of poems written about trees or a list of the best cancer doctors in the U.S.
Procedure for Copyright Registration
1. The copyright registration application has to be filed in the concerned forms with the Copyright Registrar, mentioning the particulars of the work. Depending on the type of work, separate copyright applications may have to be filed. You will also need to send us three copies of your work and few signed documents including an authorisation letter. If the work is unpublished, two copies of the manuscript can be sent, where one copy will be returned to the applicant with seal and the other will be retained confidential with the Copyright Office.
2. The forms must be duly signed by the applicant and the application must be submitted by the Advocate under whose name Power of Attorney has been executed. Then copyright registration application will be submitted with the necessary forms with the Registrar of Copyrights electronically.
3. Once the application is submitted online, department will issue the Diary number.
4. There is a waiting period of 30 days within which the Copyright Examiner reviews the application for potential discrepancies and/or objections.
5. If discrepancy and/or objections are found, discrepancy notice will be issued and the same needs to have complied within 30 days from the date of issuance of the notice.
6. Once the discrepancy has been removed or if there are no discrepancies or objections with the application, the copyright shall be registered and the Copyright Office shall issue the Extracts of Register of Copyrights (ROC) which is nothing but the Registration Certificate.
Procedure for Copyright Objection Reply
1. Communication- Objection received to application for Copyright Registration will be informed to you so that response can be drafted and send within given time.
2. Draft the Response- An effective response along with an affidavit will be drafted.
3. Submission of Response- The drafted response will be submitted to the registrar as a reply to the copyright objection.
4. Follow Up- Regular follow up on the reply sent, however if the Registrar is not satisfied with the reply, then our experts will attend the hearing on your behalf.
Documents Required for Copyright Registration
1. Name, Address & Nationality of the Applicant (Like-Driving Licence, Passport, Aadhar card, Voter Id card).
2. Name, address and nationality of the author of the work (Like-Driving Licence, Passport, Aadhar card, Voter Id card).
3. ID proof of the owner (Like-Driving Licence, Passport, Aadhar card, Voter Id card) and Incorporation certificate if it is for business.
4. Nature of the applicant’s interest in the copyright - whether the applicant is the author of the work or the representative of the author.
5. NOC from the Author of the work.
6. NOC from publisher if work published and publisher is different from applicant.
7. 2 Copies of the original work.
8. Power of Attorney for copyright Filing.
9. DD/IPO of Rs.(as applicable) per work.
10. Copy of the Logo (If any).
Documents Required for Copyright Objection
1. Copyright Registration Application Copy
2. Discrepancy letter issued by the Registrar
3. Documents in support of Reply
4. Affidavit for the reply, if required