Copyright

Copyright registration involves making record of the date and content regarding unique work done by someone. These types of records help in case of plagiarism or in case of get copied or misuse by an unauthorized person. Copyright registration brings justice to its owner by having a copy of their unique work from an official government source.

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FAQ

Filing Checklist Following is the comprehensive list of documents/checklist required for Copyright Filing.The checklist covers important points required to prepare for copyright filing depending on nature of the copyrighted work. River Intellect team will guide you in preparing and submitting required documents at Copyright office.

Sr.No.Description
1The application (Form IV) including the Statement of Particulars (SoP) and the Statement of Further Particulars (SoFP) should be signed by the applicant only or the advocate in whose favor a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed
2Application should contain Form IV, SoP&SoFP and they should be sent in triplicate
3Name, address & nationality of the Applicant should completely filled up in Col.2 of the SoP
4Clarify in Col.3 of the SoP whether applicant is author/publisher/owner/assignee
5In Col.4 of the SoP please indicate appropriate Class and description of the work
6In Col.5 of the SoP please mention ?Title of the work? as it appears in the published form
7In Col.6 of the SoP please indicate Language of the work
8In Col.7 of the SoP please indicate Name, address & Nationality of the Author and if the author is deceased, the date of decease
9In Col.8 of the SoP please mention whether the work is published or unpublished
10Indicate Year and Country of first publication (Name, address and nationality of the publisher) in Col.9 of the SoP
11Mention years and countries of subsequent publications if any, and name, addresses and nationalities of the publishers in Col.10 of the SoP
12In Col.11 of the SoP indicate names, address and nationalities of the owners of various rights comprising the copyright in the work and the extent of rights held by each, together with the particulars of assignments and license, if any. In case applicant himself intends to hold all rights in the work, his particulars are given against Col.2 must be mentioned. In case the applicant is a partnership firm, the names of all the partners and their shares in the copyright may be indicated
13Indicate in Col.12 of the SoP names, addresses and nationalities of other persons if any, to whom author intends to authorize other persons to assign or license the rights comprising the copyrights
14Include in Col. 13 of the SoP if the work is ?Artistic? the location of the original work, including name and address and nationality of the person in possession of the work, (in case of an architectural work, the year of completion of the work should also be shown)
15As per Col.13A, the application should include a certification from the Registrar of Trade Marks in terms of the proviso to Sub-Section (i) of Section 45 of the Copyright Act, 1957, if the work is an Artistic work which is used or is capable of being used in relation to any goods
16Enclose 5 identical copies of artistic work (identical in size/colour/design) which should be identical with the work attached with Search Certificate (TN-60)
17Intimate the Name, address & Nationality of the Author whose photograph appears on the work. If that person is other than the applicant, a No Objection Certificate, in original may be obtained from the person or from his legal heir (s) if the person is deceased or from the guardian if the applicant is minor and the same may be enclosed with the application
18The itself cannot be the author of a work. Therefore, details of the person(s) who has/have actually created the work as per section 2 (d) of the Copyright Act, 1957 may be furnished
19As per Col. 7 of the SoP submitted by you, the author of the work is other than the applicant, enclose a No Objection Certificate original from the original author(s) clearly indicating that he/she has no objection if the copyright in the work is registered in the name of the applicant(s) and also clarify whether the author is partner/ proprietor/ employee of the applicant
20If the work is published by a person other than the applicant, a No Objection Certificate in original may be obtained from the person/firm and enclose with application
21Enclose three (3) copies of published work and two (2) copies of unpublished work in case of all classes of work along with your application.
22Submit Power of Attorney (POA) to advocate who is filling on behalf of the applicant

Author of the work is the first owner of the Copyright. Originator of an idea is not the owner; one who gives concrete from to an idea will be called an author.

A work is published when it is made available to the public by issuing copies or communicating to them.
Following are the two conditions

  • The work must be published in India.
  • The author must be a citizen of India at the date of publication. If the author is dead at the time of publication then he should have been a citizen of India at the time of his death.

The work which is not published is deemed to be unpublished work other than the work of architecture.
Following is the condition

  • The only condition which is to be complied is that the author should be the resident of India or is a domicile of India.

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.

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