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.
At River Intellect we work closely with our clients to ensure that due diligence is properly performed, documents are properly negotiated and drafted and the Copyright issues in these transactions are properly addressed. Copyright filling involves lot of drafting process. There are various forms which need to be accurately drafted before submission.
A good drafting skill is always expected from an Attorney. Here at River Intellect, our Attorneys draft Copyright applications according to the nature of work for different applications. A creator can have copyright for artistic works such musical work, cinematography, literary material, websites, fashion designs etc.
Copyright basically known as negative right. It restricts others from copying the work. In simple words copyright protects the author’s creativity being stolen or being duplicated. After properly drafting the copyright application, our qualified Attorneys make the process easy by managing the filings on your behalf.
At River Intellect we follow electronic filing systems and hence application process shall be completed in a days time. Once the relevant documents are filed with the authorities we provide our clients “Diary Number” issued by the copyright authorities to keep track of the status of the application.
Once the filing procedure is over, Copyright office examines the application and if the Registrar find any discrepancy the same will be communicated to the Applicant/Attorneys. We at River Intellect handle all objections, concerns and discrepancies raised by the Registrar and replies within a stipulated time period. We keep our clients updated at every level and help our clients get the registered certificate.
Copyright a unique kind of Intellectual Property through copyright you can protect the intellectual creation. The expression of an idea in material or physical form and not an idea itself can be protected by getting a copyright. Copyright is a right given by law to the author of the work. It is a bundle of rights including right of reproduction, communication to the public, adaptation & translation of the work.
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.
|1||The 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|
|2||Application should contain Form IV, SoP&SoFP and they should be sent in triplicate|
|3||Name, address & nationality of the Applicant should completely filled up in Col.2 of the SoP|
|4||Clarify in Col.3 of the SoP whether applicant is author/publisher/owner/assignee|
|5||In Col.4 of the SoP please indicate appropriate Class and description of the work|
|6||In Col.5 of the SoP please mention ?Title of the work? as it appears in the published form|
|7||In Col.6 of the SoP please indicate Language of the work|
|8||In Col.7 of the SoP please indicate Name, address & Nationality of the Author and if the author is deceased, the date of decease|
|9||In Col.8 of the SoP please mention whether the work is published or unpublished|
|10||Indicate Year and Country of first publication (Name, address and nationality of the publisher) in Col.9 of the SoP|
|11||Mention years and countries of subsequent publications if any, and name, addresses and nationalities of the publishers in Col.10 of the SoP|
|12||In 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|
|13||Indicate 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|
|14||Include 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)|
|15||As 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|
|16||Enclose 5 identical copies of artistic work (identical in size/colour/design) which should be identical with the work attached with Search Certificate (TN-60)|
|17||Intimate 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|
|18||The 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|
|19||As 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|
|20||If 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|
|21||Enclose three (3) copies of published work and two (2) copies of unpublished work in case of all classes of work along with your application.|
|22||Submit Power of Attorney (POA) to advocate who is filling on behalf of the applicant|
There are different kinds of copyright. Following are some of them
- Literary Work- Literary work includes novels, short stories, news papers, magazines, poems, plays, dictionaries, computer program and database. It should be the original work of the author.
- Artistic work- Artistic work includes art creation, paintings, logos, engravings, photographs, work of architecture and work of artistic craftsmanship.
- Dramatic Work- Dramatic Work includes Scene arrangements and different acting form which is not a cinematographic film.
- Cinematographic Work- Any work of visual recording. It is a sound recording with visual effects.
- Musical Work-It is recording of sound resulting into musical, melodious tunes. It includes plain music which is the result of several musical instrument,
- Sound Recording- Sound Recording means a recording of Sound from regardless of the medium.
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.
The procedure for registration is as follows:
- Application for registration is to be made on Form IV ( Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules ;
- Separate applications should be made for registration of each work;
- Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules ; and
- The applications should be signed by the applicant or the advocate in whose favor a Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.
Duration of Copyright differs according to the nature of the work
- In the case of literary, dramatic, musical or artistic work then within the life time of the author and subsists until sixty years from the beginning of the calendar year next following the year in which the author dies.
- In case of posthumous publications until sixty years from the beginning of the calendar year in which the work is first published.
- Photographs, cinematographic films and sound recording until sixty years in which the work published.
- Statutory Rights- Copyright owner has exclusive rights with respect to reproduction, public performance, broadcasting translation and adaptation with respect to right to communication to the public, right to issue copies with respect to various copyrighted works at various levels.
- Economic Rights- The author has exclusive right to exploit the Copyright work by himself or through other authorized person in consideration of royalty payment.
- Negative right- It prevents other from copying the answerss without the consent of the author or license from the author.
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.
Copyright owner can avail both Civil and Criminal remedies in case of infringement.
- Geographical Limitation- Copyright is territorial in nature. It limits itself to some territory.
- Temporal in nature- Copyright protection is not indefinite time period. It protects till the life time of the author and few years after his death.
- Permitted use- Certain acts are normally restricted by copyright. They can be done without the authorization of the owner. The purpose is to make available the work to public.