What are the Benefits of Copyright Registration?

Copyright provides a monopoly to the authors over their unique creations. Copyright registration is essential when some creative work is done and acclamation/protection to its creator is to be given legally. Also, it restricts others to use the copyrighted work for a commercial or domestic purpose and a person cannot use it without prior permission of the owner.

Copyright creates a sense of security in the mind of the creator, that his transcript creation is protected under the Copyright Act. The benefits of Artistic Copyright are-

• Public Display of The Ownership:  With the Copyright registration the creator’s work will be declared in the Copyright Office’s Catalogue and will be available to people. It creates a public display of the ownership of the copyright holder and enables him to take legal action against infringers of its creation in the court of law.

• Enjoys The Advantage to Work Freely:  Copyright provides the privilege to the creator/author to work freely with copyrighted work in India as well as in other countries and vice versa.

• Passing off the Right of Work:  Copyright gives the author an authority where the author can openly sell, disclose, or pass on the rights of the work to different persons with copyright protection.

• Enhances The Reputation:  Copyright enhances the reputation of the author that certain work belongs to him.

• Legal Protection of Ownership:  Copyright provides legal protection to the copyrighted work and helps in avoiding an expensive dispute over the original owner if someone steals your creative work.

• Restricts To Use the Copyrighted Work:  Copyright restricts others from making unauthorized use of the author’s work. If the author gets to know that someone is copying the author’s work, he/she can send a legal notice to that person.

• Eligible For Statutory Damages, Attorney Fees, And Costs of Suit:  When faced with copyright infringement, the owner becomes eligible for a suit of statutory damages. The statutory damages permit courts to award special damages in case of a successful infringement lawsuit.2

  This relieves the copyright owner from the duty of proving actual damages. Moreover, there is a huge value to it considering the proving of statutory damage over infringement is a difficult task. Furthermore, the copy owner will recover some amount for each of their infringed work. Some leverage necessary to bring the lawsuit to an early close is provided.

• Pre-Emptive Measure:  Another one of the benefits of a copyright is that the registration is on record so that it dissuades others from making unauthorized use of your work. If you discover that someone is copying your work, you can send a `cease’ notice. So you don’t have to bother about legal proceedings at a later stage. This saves a lot of time and money.

What can be protected by copyright?

Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

Major categories of copyrightable works are:

• Books – Copyright provides legal protection to the author’s literary works. Since everything is altered, transferred, and copied so quickly in our era, the copyright registration for literary work is crucial. It is used for book publishing and newsletters.
• Software – The IT sector in India is quickly expanding, and it is necessary to protect your unique work or software. Many programmers, coders, and developers get cheated when they come across software that is close to or identical to what they created. The copyright registration for software prevents any individual or third-party company from gaining unofficial access to the software.
• Scripts – Script is a written outline for a play, television programme, or film. Copyrighting a creative work—such as a script—prevents individuals from engaging in unauthorised use of your script, such as intentional and accidental copying, publishing, transmitting, exhibiting, distributing, modifying, and displaying other people’s original creative expressions.
• Lyrics – When you register a copyright, you have full copyright protection for your song. Copyright protects your lyrics as soon as you write them, even if it’s only on a bit of paper. The copyright registration of lyrics gives the song constructive notice. The melody, lyrics, percussion track on the recording and chord progression in the bridge are all distinct and expressive elements to which the author might claim any of the exclusive rights.
• Websites – Text, tables, computer programmes, compilations, including computer databases; photographs, paintings, diagrams, maps, charts, and plans; and works incorporating music, including graphical notation of such work that may be copyrightable are among the digital assets on the website. You only have copyright rights to the elements of a website that you created as an author.
• Apps – Copyrights can be used to safeguard intellectual property such as computer programs. Early designs of creativity can take on many forms, including software code, graphics, and models used to create mobile applications and other computer software. Copyright registration of software allows a developer to more easily defend his work if it is attempted to be copied. For software copyrights, the code, as well as copies of artwork and audio-visual content, must be included with the application.
• Videos – Copyright registration for video serves as clear evidence in any copyright infringement lawsuit you may file, and it makes collecting damages much easier in such a situation. It’s a simple way to establish your video rights. If you actually want to protect your work, copyrighting your videos should be at the top of your priority list.
• Songs – It is important to obtain copyright protection for your song, as it is now easier than ever for others to use your work without giving you the credit you deserve. If you’re a new musician, it’s even more crucial to think about copyright protection because you might not have the resources to fight if your song is misused/pirated.
• Music – Whether you’re attempting to safeguard a song or a symphony, the first step is to get the music down in some tangible format, such as recording or writing on music staff paper. It can be difficult to assert your rights in a copyright infringement claim if you do not have recognised copyright for your music. And as a musician with registered copyright for your work, you have a lot of exclusive rights.

What documents are required for copyright registration?

General Requirement:

• Particulars of the Applicant (ID and Address proof of the applicant along with the Nationality)
• Name, address, and nationality of the author of the work
• Disclosure of the applicant’s interest in the copyright – whether he/she is the author of the work or the representative of the author.
• Copies of the original work.
• In case for business purpose – Certificate of Incorporation.
• Details of the nature of the work
• Class, Title & Description of the Work
• Language of the Work
• Date of Publication – Publication in internal magazines or a research paper submitted to a professor does not count as publication.
• Other information and documents, as applicable from case to case.

Apart from the general requirement for copyright registration, there are few categorical requirements as below:

• 2 copies of the work.
• DD/IPO of INR (as applicable) according to artistic work.
• Author’s No Objection Certificate if the applicant is different from the author.
• Publisher’s No Objection Certificate if the work published & publisher is different from the applicant.
• Search Certificate from Trade Mark Office in TM -60 if the work is being used on goods/capable of being used on the goods (if applicable).
• No Objection Certificate from the individual whose photograph appears on the work.
• When filing an application 

What is the registration procedure for filing the copyright application?

Below-mentioned Steps are required for Copyright Registration, which are as follows: –

• Step-1-Creating User ID And Password
  Before filing the application form for Copyright registration, the applicant needs to use the User ID and password for login. If the applicant is not registered while applying, then he/she is required to opt for New User Registration.

• Step-2-Filing Application Form
  An applicant can apply either manually in the copyright office or through an e-filing facility available on the official website (copyright.gov.in). Here, the applicant can be an author of the work/owner of an exclusive right for the work/an authorized agent. For Copyright Registration, an independent application must be filed with the registrar along with the particulars of the work. After login, an applicant needs to click on “Click for online Copyright Registration” and shall fill the online “Copyright Registration Form” along with all the requisite documents. The Registrar will issue a dairy number to the applicant, once the Copyright application is filed.

• Step 3-Examination of Application
  Once the application is filed; the very next step is to examine the copyright application. Once the dairy number is issued, a minimum of 30 days waiting period is provided where the copyright examiner can review the application. After examination, the process of Copyright Registration gets divided into two segments: –

1. If Objections Are Raised
   If the objection is raised by someone against the applicant, the letter is sent to both the parties, and they are called to be heard by the registrar. If the objection is rejected upon hearing, the applicant can ask for scrutiny and the discrepancy procedure is followed.

2. If No Objections Are Raised
   If no objections are raised, the examiner consents to review and scrutinize the application to find any disparity. In case no discrepancy arises, and all the essential documents are provided along with the application, the applicant is allowed to proceed further with the next step.
   However, in case of inconsistencies are found, a letter of the discrepancy is sent to the applicant. The applicant shall reply on the same and based upon the reply, a hearing is conducted by the registrar. Once the difference is resolved, the applicant is allowed to move ahead to the next step. However, in case the difference is not resolved, the application is rejected, and a rejection letter is sent to the applicant.

• Step 4: – Issuance of Registration Certificate
  The last step is the issuance of the copyright registration certificate. In the Registration step, the Registrar might ask for more information and documents. If the registrar is completely satisfied with the application made by the applicant, he will enter the details of the copyright application into the register of copyrights and issue a certificate of registration.

Note-The Copyright registration completes when the applicant is issued the Extracts of the Register of Copyrights (ROC).

Startup Sampark procedure for Copyright registration.

Copyright registration is very detailed procedure, which requires keen knowledge, procedure and team of professionals. Each Copyright application/invention has its tailored requirements. We at Startup Sampark have a full-fledged, dedicated team of professionals. You are required to fill the form and our expert will reach out to you, to know the exact requirement and gather information. Then our experts at STARTUP SAMPARK will be at your disposal for assisting you with guidance concerning Copyright Registration and its compliance for the smooth functioning of your financial business in India. Our professionals will assist you in planning seamlessly at the least cost, confirming the successful conclusion of the process. We shall guide you with Do’s and Don’t’s as well. We will begin working on your request once all the information is provided, and the payment is received.

Why STARTUP SAMPARK?

Startup Sampark is one of the platforms which coordinates to fulfil all your Secretarial, Legal, Licensing and Taxation requirements and connect you to consistent professionals. Our team consist of Chartered Accountants, Company Secretaries, Cost Accountants, Advocates, Patent and Designs Agents, Trademarks & Copyright Attorneys.

We are a management consultancy and technology platform to simplify legal and business related matters. We are committed to help start-ups, small business owners and non-compliant businesses in solving their legal, secretarial and taxation compliance related to setting up and running the business smoothly and compliantly.

Our clients can also track the assignment progress at all times through a dedicated portal provided to you along with User Id and Password. You can comment and find the resolution and ask questions on the dedicated portal provided to you. If you have any questions about the Copyright registration process, our experienced representatives are just a call away.

Step 1: Fill the query form.

Step 2: Our Expert will connect with you

Step 3: Make payment through hassle free payment portal

Step 4: Get confirmation on mail and receive User Login and password

Step 5: Submission of documents with us on our client portal

Step 6: Executive will process your application

Step 7: Track progress of your order all the time on our client portal

Step 8: Greetings, Order completed