Registration for copyright

Application for Registration for copyright:

Application can be made both online and Offline by the applicant or Authorized Attorney of applicant. An applicant filing copyright application should have the work in soft copies and hard copies in at least two copies, like author of Literary work should have two copies of book for copyright.

Documents Required for Copyright Registration : 

If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney· NOC from person whose photograph appears on the work.· Search Certificate from Trade Mark Office (TM -60) if the work is being used on goods or capable of being used on the goods.· NOC from publisher if work published and publisher is different from applicant.· NOC from author if applicant is different from author.· DD/IPO of Rs. (as applicable) per work· 2 Copies of work ·

 

Time for Processing Application

 

After you file your application and receive diary number you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim that particular work is created by you.

Scope of Copyright

All kinds of literary and artistic works can be copyrighted, you can also file a copyright application for your website or other computer program. 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 programmers, tables and compilations, including computer databases. ‘Source Code’ has also to be supplied along with the application for registration of copyright for software products. Copyright protection prevents undue proliferation of private products or works, and ensures the individual owner retains significant rights over his creation.

Advantages of registering a copyright are the following:

Registration establishes a public record of the copyright claim.

Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.

If made before or within 5 years of publication, registration establishes sufficient evidence in court concerning the validity of the copyright and the facts stated in the copyright certificate.

If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.

Registration allows the owner of the copyright to record the registration with the Indian Customs for protection against the importation of infringing copies.