Copyright Registration

Description

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’s a bundle of rights including, inter alia, rights of reproduction, communication to the general public, adaptation and translation of the work. There can be slight variations in the composition of the rights depending on the work. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby rewarding and protecting creativity. Creativity being the key of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. The protection provided under copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an environment conducive to creativity, which encourage them to create more and motivates others to create.

What is the scope of protection in 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. copyright protects the expressions and not the ideas. There’s no copyright protection for ideas, procedures, strategies of operation or mathematical concepts. TRIPS).

Does copyright apply to titles and names?

Copyright doesn’t normally protect titles by themselves or names, short word mixtures, slogans, short phrases, methods, plots or factual information. Copyright doesn’t shield concepts or ideas. To get the protection of copyright a work (literary, dramatic, musical and artistic) must be original.

Whether unpublished works are registered?

Yes. Both unpublished and published works can be registered. Copyright in works published before 21st January 1958, i.e., before the Copyright Act, 1957 came in effect, may be registered, provided the works still enjoy copyright. Two copies of published or unpublished work could also be sent along with the application. If the work to be registered is unpublished, a replica of the manuscript should be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered.

Whether computer Software or Computer Programme can be registered?

Yes. Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. “Object Code” and ‘Source Code’ have also to be supplied along with the application for registration of copyright for software products.

How can I get copyright registration for my Web-site?

A website could also be understood as a webpage or set of interconnected webpages, hosted or stored on a server, and is made available online to members of public. Users can access the information and other underlying work on a website through various means like scrolling webpages, using internal hypertext links or a search feature.

Documents for Copyright Registration

  • Name, address and nationality of the applicant
  • Nature of applicant’s interest in the copyright i.e. OWNER / LICENSEE etc.
  • Title of the work
  • A declaration letter signed by the author (if different from the applicant)
  • Language of the work
  • Whether the work is published or unpublished
  • If the work is published, name, address and nationality of the publisher and year and country of first publication
  • Name, address and nationality of any other person authorized to assign or license the rights in the copyright

How to register a Copyright?

The Procedure for Copyright Registration is as follows:

  • a. Application for Copyright registration is to be made on Form XIV (Including Statement of Particulars and Statement of Further Particulars) as mentioned in the first schedule to the Rules;
  • b. Separate applications should be made for registration of each work;
  • c. Every application should be accompanied by the requisite fee prescribed in the second schedule to the Rules;
  • d. The applications should be signed by the applicant. The Power of Attorney signed by the Applicant and accepted by the advocate should also be enclosed, if applicable.

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