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COPYRIGHT REGISTRATION IN INDIA

Artipot 2017-01-12 05:30:00
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. It is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. You can take copyright registration of literary works (books, scripts, instructional manual, user guides, software, games), dramatic (drama, story, poem), musical (music, movies, songs, documentary films) and artistic works (paintings, drawings, diagram, map, chart).
Copyright Registration confers upon its owner rights to copy or reproduce or translate or adapt the work or grant permission to another to do so. Copyright is usually owned by the creator of the work, but may also be owned by the employer of its creator or the person who has commissioned the work (unless there is an agreement to the contrary in either case). Copyrights are also transferrable.

ADVANTAGE OF COPYRIGHT REGISTRATION
1. Exclusive Rights:
Copyright Registration gives you exclusive rights to copy or reproduce or translate or adapt your works or grant other persons to do so. This gives you exclusive rights to reproduce the work, to issue copies of the work to the public, to perform the work in public, to communicate the work to the public, to make cinematograph film or sound recording in respect of the work, to make any translation of the work and to make any adaptation of the work.
2. Legal Proof of Ownership:
Though the time you create work, you get copyright of the work automatically. But to prove that you had created the work for first time, you need to have some legal proof. Thus, Copyright registration serves this purpose and gives you legal proof of ownership.
3. Protection from Unauthorised Usage
No one can copy, use, reproduce, publish your copyrighted works without your permission or authorisation, and even if someone violates your rights, you can force him or her to compensate you for unauthorised use of your work.

4. Public Notice
Copyright registration gives notice to public that the work is owned by you and no one else can copy or use it without your permission.

5. Licensing/Assignment
When you get Copyright registration, you can license or assign your Copyright to anyone for fee.

FREQUENTLY ASKED QUESTIONS (FAQ)

1. Is copyright registration mandatory?
No, in fact the time you create any work, you get its copyright automatically. But to prove that you have created it first, you must have some legally valid documentary proof. Copyright registration with government serves this purpose.
2. When can you use© symbol?
The time you create a work, you can write © symbol with it. Filing of copyright application or copyright registration is not mandatory.

3. Who can get copyright registration?
Author in case of literary works or publisher with consent of author, developer in case of software, producer in case of movie with consent of all persons involved in making movie or songs etc. It means, a person who creates the work or any person who is ultimate owner with consent of the person who actually creates the work.
4. How long does it take to register Copyright in India?
There is no such fixed time period. But on an average, it may take up to 1-2 years in registration of your Copyright in India.
5. Who can file copyright application?
Author, Developer, publisher or any other person with consent of first creator or owner of the work.

6. Is there any process to do Copyright search in India?
No, at current there is no system to search copyright availability or status in India.
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7. Why should you get copyright registration?
Copyright registration is not mandatory but if you take it, it serves as legal proof of ownership.

LIST OF DOCUMENTS REQUIRED FOR COPYRIGHT REGISTRATION IN INDIA
1. Copy of Pan Card of Proprietor/Partner/LLP/Company/Trust/Society
2. Copy of Voter Id/Aadhaar card of Proprietor/Partner/LLP/Company/Trust/Society
3. Copy of Business Registration Certificate/COI-All entities
4. Copy of Partnership Deed/Trust Deed-In case of Partnership/LLP/Trust
5. Copy of MOA, AOA, COI-In case of Company
6. Copy of Memorandum, Bye-laws-In case of Society
7. 2 Copies of work (Print out or in DVD)
8. NOC from all the persons who are involved in creation of work directly or indirectly.