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    Copyright Registration in India

    The copyright act makes it crystal clear that nobody shall be entitled to Copyright registration or any similar rights, otherwise than in accordance with the provisions of the Act, in any work i.e. whether published or not.

    Copyright Registration gives one’s creative work a legal status, thereby making it an Intellectual property (I.P.), giving him an exclusive right over his creation and has economic importance also. Copyright Registration of Creative and artistic work protects one’s Creativity from being Stolen or Duplicated and provides him a Confirmed right over his creation.

    Copyright Registration is extremely necessary in order to get right Over our Creative Work. legal right in the form of Full-Proof stamp of ownership of our Creative Work, Which can’t be taken away from us, and we can use it commercially. this is primary & the biggest reason that why One should Register their Copyright immediately on Completion of one’s creative work.

    Literary Work:- Includes the computer Program, software, and Computer Databases aside from the books.

    Sound Recording/Audio Recorded Files:- Include Songs, Music, Staff Notations & Dialogues Recorded Etc

    Cinematograph Film:- Includes Films, Videos, Cartoon Films.

    Artwork:- Includes a Painting, a Sculpture, a drawing like a Map, Chart or Diagram, and Engraving, a Photograph, Architecture/ Artistic Craftsmanship, and dramatic work.

    Government Work is meant by the work which is drafted or Published by or under the direction/ guidance or Control of:

    (i) the government or any department of government,
    (ii) Any legislature in India,
    (iii) Any Court, Tribunal or other Quasi-Judicial Authority in India.

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    Copyright Registrar primarily is an office of record. it is a place where all the claims to copyright are registered and documents associated with copyright are recorded. The aim is to furnish information about the provisions of the copyright law and therefore the procedures for creating a registration, to elucidate the operations and practices of the Copyright Office, and to report on facts found within the public records of the Office.

    The object of copyright law is to encourage authors, composers, and artists to make original works by themselves & rewards them with the prerogative for a limited period to increase the works for the advantage of the general public.
    On the expiry of the term copyright the works belong to the general public domain and anyone may reproduce them without permission. The prerogative given to the author may be a negative right, that’s to mention, a right to stop others from copying or reproducing the work.

    Copyright like legal right may be a monopoly restraining the general public from doing that which, aside from the monopoly, it would be perfectly lawful for them to do. The monopoly is itself right and just and is granted for the aim of preventing persons from unfairly availing themselves of the work of others, whether that work is scientific, literary or artistic.
    The Acts are to be construed with regard to this purpose. On the opposite hand, care should be taken not to allow them to be made the instruments of oppression and extortion.

    • Registering our work with the Registrar of Copyright Office is a copyright protection insurance policy basically.
    • Copyright protection arises automatically from the instant the author fixes the add a tangible form (i.e. when a writer writes a story), the author has nothing to do.

    Copyright Registration establishes a public record of our copyright and puts everyone in the world on notice that we’ve sought and claimed copyright protection under the statutory provisions of copyright laws. We can’t sue anyone if they perform infringement of the copyright of our work until we’ve registered for copyright protection with the Registrar of Copyright Office.

    No award for legal damages or fees of the lawyers is going to be made for any infringement of a copyright in an unpublished work that occurs before the submission of the copyright registration documents. An equivalent holds true for published works unless the copyright registration is formed within three months after the primary publication.

    If the registration of your work is completed within five years from its creation, it’s considered prima facie evidence in court. Prima facie evidence implies that if you ever visited court, proof of the copyright registration with the Registrar of Copyright Office would be sufficient evidence of your ownership of the copyrighted material.

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    The only way for an additional party to win would be for them to present evidence showing:

    • That they’d a pre-existing copyright claim to the work.
    • That you permitted them to use your work.
    • That you didn’t actually create the work.
    • That you stole it from them.
    • If you’re serious about protecting your work, obtaining copyright protection under the copyright laws may be a smart and necessary step to require.

    Copyright guarantees protection from the govt. of India to one’s priceless creative work.

    List of documents required for copyright registration in India: The primary duty of the Copyright Registrar is to serve as a guarantor of one’s Creative Ownership.

    1. Creative work.
    2. 2 Copies of work (whatever he did the creativity)
    3. DD /IPO of the amount according to the work and quantity per work
    4. NOC is required from the artistic if the applicant is different from Artistic.
    5. NOC from the publisher if work published and a publisher is a different person.
    6. NOC from the person whose photograph appears on the work.
    7. If the application for the copyright is being filed by anyways from the attorney, a specific Power of Attorney in original duly signed by the applicant and that must be accepted by the attorney.

    Copyright in India is virtually recognized worldwide under the Berne Convention and therefore the applicable law of its member nations.

    • The Right to copy or reproduce Creative work.
    • The Right to be credited for the Creative work.
    • The Right to determine who can adapt the work to other forms. i.e a book to a film
    • The right to make a decision who may perform the work
    • And Most importantly who may financially benefit from it.

    Supreme court Guidelines on Copyright Registration of audio recording and Cinematography

    In case you would like to copyright a Video, Film or a sound recording track i.e song, It is suggested to own an agreement with all the people involved within the making of it to give an NOC in the very beginning before you avail their services. That they will not have any Objection to you copyrighting the creative work in your favor. This has become imperative now after the most recent Supreme court Guidelines on audio recording and Cinematography Copyright Registration. Most of the filmmakers in India are facing an uphill task in getting their film copyrighted due to this latest inclusion, kindly ensure that you do not fall in this trap. If you do not have any idea on this how to execute it do let us know we can do it for you at a minimal fee.

    Copyright Registration Under the Copyright Act of 1957 serves as a Prima Facie Evidence in all courts in India, without further proof or production of the original.

    Read More: How to Copyright your artistic work in India

    Good news for all waiting for their copyright certificate, the copyright office has now expedited their services hence now under the Copyright Act, the certificate is issued within 6 months.

    Article Source: The I.T. Act, 2000
    The Copyright Act, 1957

    Kindly Suggest for any correction or Addition in the Post at editor@legalthirst.com

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