Copyright Registration

Copyrights are exclusive rights granted to an author or creator of a literary, dramatic, musical or artistic work. 

 

·        Types of Copyright Works:

Type of Copyright Work	Examples
Literary Work	Books, Articles, blogs, Data-charts/compilation of data, poems, lyrics, screenplays,
Artistic Work	product packaging or label, Paintings, sculptures etc.
Cinematography Work	Video recordings such as advertisement clipping, news or entertainment program or Movies
Musical Work	Musical work may be in form of Notes sheet or in form of phono record (CD or tape or digital file) and it may or may not contain words. It is the arrangement i.e. what part of Guitar will play and when words will come or when other instruments will get played
Sound Recordings	A Sound Recording results from the fixation of a series of musical, spoken, or other sounds. It is the recording of actual performances.
Computer Programs	Mobile Applications, Software etc.
Broadcasting rights	For Broadcasting of a TV or Radio Program
Copyright in Website	A web-site contains several works such as literary works, artistic works (photographs etc.), sound recordings, video clips, cinematograph films and broadcastings and computer software too. Therefore, a separate application has to be filed for registration of all these works.

 

·        Benefit of Registration:

1.     Registration is prima facie proof of ownership

2.     Makes easy to take action against imitators

3.     Warning to others not to imitate

4.     Increase goodwill of the company

5.     Increase value of the creation

 

·        Who can apply: creator/Author or lawful owner

 

Who is first owner of work: Generally, author or creator is the first owner of work. In case of work under employment as a part of the duty/job responsibility, the employer shall be the first owner of the work, in absence of any contrary agreement specifying otherwise. In case of photograph, painting, cinematography work, if such work is done for valuable consideration, then the person who paid consideration, is the first owner, in absence of any contrary agreement specifying otherwise.

 Duration of Registration: Generally, lifetime of author + 60 years, however, it depends on type of work.

·        Requirements for Registration

1.     Four copies of work in prescribed format

2.     Name and address of Applicant/ Owner

3.     Name and address of Creator/Author

4.     Assignment Agreement from Creator/Author in favour of owner/Applicant

5.     Government Fees

6.     Power of Attorney in favour of agent/attorney

 

·        Copyright in Design: Copyright in any Design, which is capable of being registered under Design Act, but which has not been so registered - Copyright shall cease as soon as any article to which the design has been applied is produced for fifty times by an industrial process.