Copyright

Copyright – Registering and Protecting Your Idea

Copyright

Copyright is a form of intellectual property protection that safeguards original creation/work against any misuse; in the absence of the consent of the creator. A copyright protects the original essence of an idea of intellectual or creative work.

Copyright work is protected by common law rights and the registration of the copyright shows that it is prima facie valid. Per the copyright act 1957 and copyright rule 2013, the registration of the copyright is not mandatory in India.

Do you have an idea and are you pondering whether or not to register your copyright? read on:

  1. With copyright registration, you get exclusive legal rights as the owner of the intellectual property. The rights are valid for a certain period wherein you can print, publish, film, perform, regenerate or record the creative material.
  2. Copyright registration comes in handy in case of disputes since the work is recorded with statutory authority under the name of the original creator. In case of an infringement, it becomes easy to prove that the idea/work existed before in the name of the complainant who is the original creator.
  3. If you get the registration done on time or before the infringement of the work, you deserve the right to claim statutory damages in a high court. However, in case there is no registration, only the actual damages and profits are taken into consideration.
  4. The copyright permits the creator of the work to get it registered with the Indian customs to get it protected against the importation of infringing copies into India. Copyright protection is a huge motivation factor for the creators to produce outstanding works. No one can take advantage of your IP without paying a royalty or remuneration to the original copyright holder.
  5. The registration of the copyrighted work entitles the copyright holder to validate the work if its is done within five years of publication and would help in averting any kind of future challenges or threats posed to the copyrighted work.
  6. Copyright registration, covers you against incidents when the original is being distorted or mutilated. You as the creator reserve the moral rights to be recognized as the author of the creation, also known as the paternity right. With copyright registration in place, you can object to any kind of distortion or adaption or derogatory action, also called integrity rights.

Copyright protection allows the creator to have complete authority and exclusive control over the usage of his/her intellectual property. The creator can call it out as his/her property in public, broadcast it, produce copies of it, can use it online or on the internet and earn the desired economic rewards.

Copyright registration in India takes place under copyright act 1957 and copyright rules 2013. Here is how you can register your copyright with ease:

PROCESS TO REGISTER YOUR COPYRIGHT

1: File an Application:

You need to fill in an application and deposit a nominal fee. When you submit the filled application, you could submit the fee either in DD/IPO.

2: Once you fill in the application and submit the fee, a diary number shall be issued to you.

3: Waiting period:

There is a mandatory waiting period of 30 days during which any objection may come up against the application.

The two possible scenarios are:

a) Objection received

b) No objections received

OBJECTION is RECEIVED

The concerned authorities shall send you a letter convincing you and the other party to take the objection back. You might be asked to submit your case and after hearing the points of both the parties, the registrar decides. Again there can be two possible outcomes:

  1. Application is rejected
  2. Application is accepted

Application Rejected: If the application is rejected then the process of registration gets canceled.

Application accepted: If the application is accepted that means the objection is rejected and the application is sent for scrutiny.

During scrutiny there again maybe two scenarios:-

(a) There is a discrepancy.

(b) There is no discrepancy.

There is Discrepancy: A letter of the discrepancy is sent to you and the registrar conducts a hearing. Once it is sorted out, you as an applicant shall receive an application to go ahead with the registration.

There is no Discrepancy: Implies that you as an applicant fulfill all the criteria of the copyright process and your application is good to go for the registration process.

In both the above cases, if the registration is not approved then you shall receive a letter of rejection.

 

NO OBJECTION RECEIVED: 

The application is sent for scrutiny and follows the same procedure as mentioned above wherein the registrar checks whether there is a discrepancy reported or not.

 

Registration: Once the application is received after going through all the above processes, you as an applicant shall receive the copyright and legally become the owner of the creation.

The Filings specializes in copyrighting and can help you determine the right approach and save you precious time and money. Connect with us: [email protected] | 044-46315959

 

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