Copyright Registration

Don’t let your ideas get stolen! Protect Your Creative Work with Copyright Registration with TaxAdvisr

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Our expert team ensures a smooth and hassle-free process
Affordable Pricing, starting at just ₹1499 + government fees

Protecting my creative work was so important, and TaxAdvisr did a wonderful job with my copyright registration. They handled everything with care and professionalism.

Megha Verma Digital Artist

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What you’ll get

Expert assisted process
Your company name is reserved in just 2 – 4 days
DSC in just 4 – 7 days
SPICe+ form filing in 14 days*
Incorporation Certificate in 14-21 days
Company PAN+TAN
DIN for directors

Pro Plan

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₹3499

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What you’ll get

Initial consultation
Content Search
Virtual consultation with expert
Copyright Filing (all content types)
Publication in Government gazette
Reply of objections (if raised)
Amendment if required
Dedicated service manager
Issuance of certificate
Digital Kit provided

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What you’ll get

Everything in Smart & Pro Plan
Advanced Copyright Filing (All Content Types)
Personalized Legal Guidance
Objection Management & Amendment Support
Dedicated Copyright Manager
More Based on Discussion

Note: All prices are excluding GST. Tax & Government fees should be payable directly to the respective government portal. Also, plan is subject to approval after the discussion of scope of work. All rights reserved by Taxadvisr. T&C

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Eligibility: Who Can Copyright Their Work?

To copyright your creation, it must be:

Original: Your own unique work.
Tangible: Existing in a physical or digital format.

Eligible Works:

Artistic (paintings, sculptures, etc.)
Sound Recordings
Literary, Dramatic, Musical Works
Software (first and last 10 pages of code)
Motion Pictures

Documents Needed for Copyright Registration

To register your copyright, you’ll need the following:

Applicant Details: Name, address, nationality
Proof of Identity: Aadhaar card, PAN card
Work Copies: Two copies of your published work
Work Details: Title, language, class, date of publication
Author/Holder Consent: No Objection Certificate if applicable
Business Registration: Incorporation certificate (if applicable)
Legal Representation: Power of Attorney (if using an agent)
Payment: Demand draft (for offline submission)

Copyright Registration

Copyright registration is a legal process designed to protect intellectual and artistic creations from unauthorized copying, imitation, or use. In India, this protection is governed by The Copyright Act, 1957, which covers producers, owners, and creators of original works.

Intellectual rights under this Act include works in literature, music, cinematographic films, sound recordings, and fine arts. The Act empowers individuals to defend their intellectual property against fraudulent and unlawful use.

Over time, The Copyright Act, 1957 has evolved through amendments to include newer forms of work, such as computer-related creations—software programming, digital content, and databases. These updates provide legal safeguards for digital works against unauthorized use and distribution.

The goal of copyright registration is to encourage innovation and creativity by offering monetary benefits and recognition to original creators, thus promoting the creation of high-quality content across various fields.

What is Copyright?

According to The Copyright Act, 1957, copyright is the legal right granted to the original owner of intellectual property to control the use and distribution of their work. This right allows creators to prevent unauthorized use and prohibits others from copying their work without permission.

What is The Copyright Act?

The Copyright Act, 1957 is the principal legislation governing copyright law in India. It provides legal protection to producers, owners, and creators of original works, granting them exclusive rights over their creations.

Under this Act, protected rights include reproduction, distribution, performance, display, and licensing of original work. Others are prohibited from performing these actions without the creator’s permission.

Provisions of The Copyright Act, 1957

Scope of Protection: The Act covers a wide range of creative works, including music, art, drama, cinematographic films, sound recordings, and written works.
Exclusive Rights: Copyright grants owners exclusive rights to reproduce, adapt, distribute, perform, and display their work. Creators can also authorize others to use their works under specified conditions.
Validity: Copyright protection in India lasts 60 years from the date of the creator’s death for dramatic, literary, artistic, and musical works. For cinematographic films and sound recordings, the protection lasts 60 years from the date of publication.
Remedies against Infringement: The Act defines copyright infringement and provides remedies, including legal action and penalties against violators.
Amendments: The Act has been amended multiple times to include new works, align with international treaties, and address technological advancements.
Fair Use: The Act includes provisions for fair use, allowing copyrighted works to be used for research, criticism, review, or educational purposes with permission from the original creator.

Eligibility Criteria for Online Copyright Registration

To apply for online copyright registration in India, owners and creators must meet the following criteria:

Original Work: The work must be original and reflect the creator’s or owner’s creative abilities. It should be a unique creation and not copied from existing works.
Tangible Form: The creative work must exist in a tangible form, meaning it should be recorded or fixed in a medium that can be perceived, reproduced, or otherwise communicated.

Format Specifications:

Artistic Works: Must be uploaded in PDF or JPG format.
Sound Recordings: Must be uploaded in MP3 format.
Literary, Dramatic, and Musical Works: Must be uploaded in PDF format. The file size should not exceed 10 MB.
Software Works: Must be uploaded in PDF format. The file size should not exceed 10 MB. The PDF should include at least the first and last ten pages of the source code, or the entire source code if it is under 20 pages. Ensure that no part of the code is redacted or blocked out to maintain clarity.
Motion Pictures: Videos and films should be submitted in a compatible digital format.

Any owner or creator whose work fits into the categories mentioned above is eligible to apply for copyright registration in India. Adherence to these specifications ensures a smooth registration process and helps in protecting the intellectual property effectively.

Benefits of Copyright Registration in India

Although copyright protection is automatic in India, registering your copyright offers several key advantages:

Legal Evidence: Registration creates a public record of your copyright ownership, serving as strong evidence in infringement cases.
Right to Sue for Infringement: You cannot initiate legal proceedings for copyright infringement in India unless your work is registered.
Presumption of Ownership: A registered copyright is presumed valid in court, shifting the burden of proof to the alleged infringer to contest the validity.
Monetary Damages and Statutory Remedies: Registration allows you to seek enhanced monetary damages and statutory remedies if your work is infringed.
Deterrence: Registration can deter potential infringers by signaling your commitment to protecting your work.
Customs Protection: You can record your copyright with Indian Customs to prevent the import of infringing copies of your work.
International Recognition: While not mandatory for international protection, registration can ease the enforcement of your rights in countries with reciprocal copyright agreements with India.

Rights of Copyright Owners

Reproduce the Work: Create copies in any form, including physical, digital, or audio-visual.
Distribute the Work: Sell, rent, lease, lend, or otherwise distribute copies to the public.
Create Derivative Works: Adapt or modify the work, such as translating or abridging it.
Perform the Work Publicly: Present the work in public settings like concerts, plays, or film screenings.
Display the Work Publicly: Exhibit the work in public places, including galleries, museums, or online platforms.
Communicate the Work to the Public: Transmit or broadcast the work via radio, television, or the Internet.

Documents Required for Copyright Registration in India

When applying for copyright registration in India, applicants must provide several essential documents to ensure the process is completed correctly. Here is a detailed list of the required documents:

Applicant Details: Provide the full name, address, and nationality of the author or creator. This information is crucial for identifying the ownership of the work.
Identity Proof of the Applicant: Submit a valid identity proof such as an Aadhar card or PAN card to verify the identity of the applicant.
Copies of Published Work: Include two sets of copies of the work being registered. These copies help establish the content and format of the work.
Class, Title, & Work Description: Provide details about the class of work, its title, and a brief description, referring to the guidelines for additional clarity and accuracy.
Date of Publication: Include the date when the work was first published, as per the guidelines describing published works. This helps determine the duration of copyright protection.
Language: Specify the language in which the work is published, which aids in categorizing and processing the registration.
No Objection Certificate (NOC): Submit NOCs from authors, copyright holders, or publishers if the work involves multiple parties or is a collaborative effort. This ensures all stakeholders agree with the registration.
Incorporation Certificate: If the copyright concerns a business entity, provide the incorporation certificate to validate the entity’s legal status.
Power of Attorney or Vakalatnama: If an advocate is filing the application on behalf of the applicant, include a power of attorney or vakalatnama to authorize the advocate.
Demand Draft: For offline submissions, include a demand draft for the applicable registration fee.

Ensuring that all these documents are correctly submitted helps streamline the copyright registration process and reinforces the legal protection of your intellectual property.

Procedure for Copyright Registration in India

The procedure for copyright registration in India involves several detailed steps, from filing the application to receiving the final approval. Here’s a comprehensive guide to the process:

File the Application: Start by filing the copyright registration application using FORM IV. The application must include all required particulars and a detailed statement of those particulars. Note that separate applications are required for different works.
Pay the Application Fees: Along with the application, submit the requisite fees as outlined in Schedule 2 of The Copyright Act, 1957. The fee varies based on the type of work and the number of works being registered.
Signature of the Applicant: Ensure that the application is signed by the applicant. If an advocate is filing the application on behalf of the applicant, the application must also bear the advocate’s signature, accompanied by a Power of Attorney (POA) or Vakalatnama.
Waiting Time: After submission, the registrar will issue a Diary Number. The applicants must then wait for a mandatory 30-day period, during which time any third parties can raise objections to the copyright claim.
No Objection: If no objections are raised during the 30-day waiting period, the application proceeds to further scrutiny. A scrutineer will examine the application for any discrepancies.
Application Scrutiny: If no discrepancies are found, the application moves forward for registration. An extract is sent to the registrar to officially record the application in the Register of Copyright.
Objections Received (if any): If objections are raised, the examiner will notify both parties. A hearing is conducted to address the issues raised, ensuring that both sides have an opportunity to present their case.
Approval or Rejection: Following the hearing and resolution of any objections, the scrutineer will make a decision to approve or reject the application based on the merits of the case.

By carefully following these steps, copyright owners can ensure their work is properly registered and legally protected.

How to Check Copyright Status in India

Visit the Copyright Office Website: Go to the official website of the Copyright Office.
Click on E-Register of Copyrights: Locate and click on the E-Register of Copyrights section.
Search by Diary Number: Enter your Diary Number if you have it.
Search by Work Title or Author Name: Enter the title of the work or the author’s name.
View Status and Details: Check the status and details of your copyright registration if found.

Penalties for Copyright Violations in India

In India, the Copyright Act, 1957 provides both civil and criminal penalties for copyright violations:

Civil Remedies:

Restrict or Stop Infringing Activities: Courts can issue orders to cease unauthorized use of copyrighted work.
Pay Damages: Offenders must compensate the copyright owner for losses incurred due to the infringement.
Disclose Profits: Infringers may be required to reveal any profits made from the unauthorized use.

Criminal Penalties:

Imprisonment: Up to three years for willful infringement.
Fines: Ranges from INR 50,000 to INR 2,00,000 for commercial infringement.
Seizure and Destruction: Unauthorized copies of copyrighted work can be seized and destroyed.

Penalties may be increased for repeat offenders to deter further violations.

Timeline for Copyright Registration in India

The timeline for copyright registration in India typically ranges from 2 to 3 months from the date of filing the application. However, several factors can influence this duration. The process may be extended if objections are raised during the mandatory waiting period or if unresolved issues persist after hearings between the involved parties. Additionally, delays may occur due to the Copyright Office’s workload, incomplete applications, or discrepancies identified by scrutinizing officers.

While the average timeline is generally between 2 to 3 months, applicants should be prepared for potential delays. Engaging an experienced consultant can help expedite the process by ensuring a complete and accurate application, potentially reducing the overall processing time.

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Copyright Registration FAQs

Copyright-free work refers to material that is not protected by copyright law, meaning it can be used freely without needing permission.

Yes, copyright owners have legal rights over their work, granted by The Copyright Act of 1957 in India. These rights allow them to control the use, distribution, and reproduction of their creations.

To verify copyright ownership, you can check for a copyright notice on the work itself, search the Copyright Office’s online register for registered works, or contact the author or publisher directly for information.

Yes, copyright registration in India has a validity period. For artistic works, the protection lasts for the lifetime of the creator plus an additional 60 years. For literary works, the validity is 60 years from the date of publication, with an extension of another 60 years.

Section 63 of the Indian Copyright Act addresses the offense of copyright infringement. It stipulates that individuals who knowingly infringe or assist in infringing copyright can face imprisonment and/or fines. The penalties vary based on the nature of the infringement and whether it is a first or subsequent offense.

The copyright registration process in India typically takes 2 to 3 months from the date of filing the application. This timeline can be affected by factors such as the complexity of the work, the workload of the Copyright Office, any objections raised, or discrepancies in the application.