Important Factors About Copyright Application

The legislation grants the makers of cinematograph films & sound recordings and authors of literary, theatrical, musical, and aesthetic works the right to use the term "copyright." In actuality, it is a collection of rights that includes, among other things, the rights to the work's adaptation, translation, transmission to the public, and reproduction. Depending on the work, there could be a few minor differences in how the rights are composed. Copyright guarantees minimal protection for authors' rights over their works, fostering & fostering innovation. Since creativity is the footing of growth, no civilised society can disregard the necessity of fostering it.

Time for Copyright Application

Following the submission of your application and receipt of a diary number, you are required to wait for a minimum of 30 days before asserting that you are the author of the specific work in question.

Information Required for Copyright Application Filing

  • Information about the Applicant like ID & Address proof of the applicant along with the Nationality

  • Name, location, and country of origin of the work's author

  • Whether the applicant is the work's author or the author's agent, they must disclose their stake in the copyright.

  • Copies of the first composition.

  • For business purposes, a certificate of incorporation is necessary.

  • Information about the type of work (class, title, and description) Language of the work 

  • Publication Date

For Artistic Work

  • The work is in two copies.

  • DD/IPO of INR in accordance with the creative work

  • If the petitioner is not the author, a certificate of authorial no objection must be submitted.

  • If the applicant is not the publisher of the work that has been published, a publisher's no objection certificate is required.

  • If the work is now being used on or is capable of being used on items, search the Trade Mark Office's Certificate in TM-60.

  • Certificate of No Objection from the person whose image is on the piece.

  • An authentic copy of a "Power of Attorney" signed by the applicant and acknowledged by the attorney must be submitted when an application is filed by an attorney.

Scope of Copyright Registration

A copy of the manuscript must be supplied with the application for attaching the stamp of the Copyright Office as evidence that the work has been registered if the work to be registered has not yet been published. If two copies of the manuscript are provided, one will be returned after being properly stamped, & the other will be kept confidential and preserved in the Copyright Office for record-keeping purposes, if at all practicable. The applicant would also be free to provide only excerpts from the unpublished work rather than the entire manuscript and request that the excerpts be returned after being stamped with the Copyright Office seal.

Process of Copyright Registration Filing in India

File an Application

An applicant may submit their application directly at the copyright office or electronically through the official site. The applicant in this case may be the work's creator, the sole owner of the work's rights, or an authorised representative.


Along with the specifics of the work, a separate application for copyright registration must be submitted to the registrar. After logging in, a candidate must select "Click for online Copyright Registration" and complete the form with all necessary supporting documentation. Once the copyright application is submitted, the Registrar will provide the applicant with a dairy number.

User ID & their Password

A person must log in to the portal using their User ID and password before submitting their copyright registration application. 

The applicant must choose New User Registration if they are not already registered at the time of application.

Examination of the Application

The evaluation of the copyright application occurs in the next phase.


After the dairy number is given out, a minimum waiting time of 30 days applies. The copyright examiner evaluates the application during this time. This waiting period is there to allow for the emergence and consideration of objections. 

Here, the procedure is split into two parts:

  • The examiner reviews and carefully examines the application to look for any discrepancies if no objections are presented.


  1. It is a situation of zero discrepancies if there is no error and all necessary documents and information are submitted with the application. The candidate is now able to go on to the following phase.

  2. A letter of discrepancy is provided to the applicant in the event that certain differences are discovered. The registrar holds a hearing based on his response. The applicant is permitted to proceed to the following stage after the disparity has been rectified.


  • When someone objects to an application, letters are given to both parties, and the registrar then summons them to a hearing.


  1. If the objection is heard and dismissed, the application is reviewed and the aforementioned discrepancy procedure is carried out.

  2. A rejection letter is provided to the applicant in the event that the objection is not explained or the difference is not resolved. This marks the conclusion of the applicant's copyright registration process.

Copyright Registration Certificate is Issued

The certificate of copyright registration is issued as the final stage.  

The Registrar may request additional information and documentation during the Registration phase. The registrar will put the information on the copyright application into the register & issue a certificate of registration if he is entirely pleased with the applicant's application.

Benefits of Filing for a Copyright Application

After the filing of the application & issuance of the registration certificate, a person enjoys certain benefits which are as follows:


Display of Ownership in Public

The work of the creator will be acknowledged and made public by copyright registration in the copyright office's catalog. It makes the copyright holder's ownership of the work visible to the public and gives him the ability to sue anyone who violates it in court.

Enjoys the benefit of working alone

The right to copyright gives the creator/author the freedom to collaborate freely on works that are protected in India and abroad, and vice versa.

Transferring The Right To Work

With copyright protection, the author has the freedom to sell, divulge, or transfer the rights to the work to other people in an open manner.

Boosts The Reputation

The author's reputation is improved by copyright when it is clear that a piece of writing is his own.

Legal Ownership Protection

If someone takes your creative work, copyright protects it legally and helps you avoid an expensive legal argument about who the original owner is.

Limitations on the Use of Copyrighted Works

The author's work is protected by copyright against unlawful use by third parties. 

The author has the right to submit a legal notice to the copycat in question if they become aware that someone is plagiarising their work.

Eligible For Attorney Fees, Statutory Damages, And Costs Of Suit

The owner is entitled to legal action for statutory damages when copyright is violated. The statutory damages allow courts to grant extra damages in the event that an infringement complaint is successful.

Pre-emptive Action

Another advantage of a copyright is that the registration is public knowledge, which deters others from using your work without permission. You can submit a "stop" notification if you find out that someone is stealing your work. Hence, you don't have to take tension about legal issues along the road. It also saves a lot of money.

Conclusion

It is usually a good idea to register your copyright. This is due to the fact that it can significantly contribute to preserving your rights even after your death.

Once you register your copyright, it is much simpler to go to court and have the individual who unauthorised copied your work penalised. In order to adequately safeguard copyright owners, the Copyright Act of 1957 stipulates that if your right is violated, you might face up to three years in prison and a fine of at least INR 50,000.

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