Copyright registration in India

Copyright Registration in India: Procedure, Cost, and Required Documents

If you have created anything that can be said as creative work then you should know about copyright protection and how it safeguards your creations.

This article will outline the step-by-step process of copyright registration in India, including the associated costs, timeframes, and the types of works that can be copyrighted. Additionally, we will discuss the necessary documents required for filing a copyright application.

Copyright is a type of intellectual property right (IPR) given to creators and authors with exclusive rights over their original works. It is governed by the Copyright Act, of 1957, and grants creators the right to control how their works are used, reproduced, distributed, performed, or communicated to the public. It protects the expression of ideas, not the ideas themselves. It covers works like books, music, films, paintings, software, etc.

In India, the Copyright Act, 1957 governs the registration and enforcement of copyright. Copyright protection covers a wide range of creative works, including literary, artistic, musical, dramatic, and cinematographic works, as well as sound recordings and software.

When you own copyright protection for your work, you get an exclusive right to reproduce, publish, adapt, translate, perform, and communicate your work to the public.

Although copyright protection in India is automatic, which means as soon as you create an original work, it is protected under copyright. however, if you get the copyright registered then it can be used to prove:

  • evidence of ownership,
  • enforcement against infringement, and
  • serving as prima facie evidence in court

and the extent of copyright protection lasts for the lifetime of the creator plus 60 years after the death of the applicant or creator. The duration is 60 years from the year of publication. In the case of cinematographic works, the duration is 70 years from the year of the last surviving author’s death.

When someone copies your work or uses your work without your permission, it is called copyright infringement. and you can get remedies for such cases in 3 forms like injunctions, damages and compensation.

What can get copyright protection?

Types of Works Eligible for Copyright Protection: Copyright protection in India extends to a wide range of original works, including but not limited to:

  1. Literary Works: Books, novels, articles, poems, computer programs, website content, etc.
  2. Artistic Works: Paintings, drawings, sculptures, photographs, architectural designs, etc.
  3. Musical Works: Compositions, songs, melodies, lyrics, etc.
  4. Dramatic Works: Plays, dance choreography, scripts, etc.
  5. Cinematographic Works: Films, documentaries, animations, etc.
  6. Sound Recordings: Audio recordings, songs, speeches, etc.
  7. Software: Computer programs, mobile applications, source code, etc.

In today’s digital age, protecting your software and technology-related creations is more critical than ever. This article delves into the nuances of how copyright can safeguard your intellectual property in the tech domain. It outlines the specific elements of software and technological innovations that are eligible for copyright protection, such as source code, object code, and user interfaces. The article also explores the process of registering your copyright, the legal advantages it provides, and the potential challenges you may face in enforcing your rights. Additionally, it offers practical tips on how to leverage copyright protection to prevent unauthorized use, distribution, or modification of your software, ensuring your creative efforts are legally secure.

Link: How to Use Copyright Protection for Your Software and Technology-Related Creations

Academic work is the foundation of knowledge and innovation, and protecting it is essential for maintaining its integrity and value. This comprehensive guide is tailored for researchers, teachers, educational institutions, and students, offering a step-by-step approach to copyright registration. It explains the types of academic materials that can be copyrighted, including research papers, lectures, study materials, and more. The article also highlights the importance of copyright in preventing plagiarism and unauthorized use, ensuring that your academic contributions receive the recognition they deserve. By following this guide, you can safeguard your intellectual property, enhance your professional reputation, and contribute to the advancement of knowledge in your field.

Link: Protect Your Academic Legacy: The Essential Guide to Copyright Registration for Researchers, Teachers, Educational Institutions, and Students

Manufacturing companies often engage in creative work and innovations that are vital to their business success. This article focuses on the importance of copyright registration for such industrial creations, including product designs, technical drawings, manuals, and marketing materials. It provides a detailed overview of how copyright can protect these assets from unauthorized reproduction or use, offering manufacturing companies a competitive edge in the marketplace. The article also discusses the practical steps involved in registering your copyrights, the legal benefits it provides, and real-life case studies that demonstrate the value of copyright protection in the industrial sector. By understanding and utilizing copyright, manufacturing companies can secure their innovations and maintain their market leadership.

Link: Protect Your Industrial Creative Work, Innovations: Copyright Registration for Manufacturing Companies

Copyright Registration Procedure

The copyright registration process in India involves the following steps:

  1. Application Form: Fill out Form XIV, which can be obtained from the Copyright Office’s website or obtained physically from the copyright office.
  2. Supporting Documents: a. Identity and Address Proof: Attach self-attested copies of the applicant’s identity proof (such as Aadhar card, passport, PAN card) and address proof (such as utility bill, bank statement). b. NOC (No Objection Certificate): If the work is created during the course of employment, a no-objection certificate from the employer is required. c. Power of Attorney: If an attorney or agent is filing the application on behalf of the applicant, a power of attorney document is needed.
  3. Fee Payment: Pay the requisite copyright registration fee. The fee varies based on the type of work and mode of filing. It is recommended to check the official website of the Copyright Office for the latest fee structure.
  4. Sending Application: Submit the application form, supporting documents, and fee payment receipt to the Copyright Office either physically or online, as per the available options.
  5. Processing and Examination: The Copyright Office examines the application and verifies the details provided. They may request additional information or clarification if required.
  6. After filing the application, you will receive a diary number as an acknowledgment. You can check the status of your application online using this number.
  7. The Copyright Office will examine your application and may issue objections or queries if any. You will have to respond to them within 30 days, failing which your application may be rejected.
  8. If there are no objections or queries, or if they are resolved satisfactorily, your application will be accepted and a registration certificate will be issued.
  9. Issuance of Copyright Registration Certificate: Once the application is approved, the Copyright Office will issue a registration certificate for the copyrighted work.

It is important to note that the time taken for processing copyright applications may vary. The Copyright Office aims to process applications within a period of three to six months, provided there are no objections or discrepancies. However, the protection of copyright is granted from the date of application, regardless of the time taken for registration.

For the most up-to-date and detailed information on the government procedure for copyright registration in India, it is advisable to consult the official website of the Copyright Office or seek legal guidance.

Advantages of Copyright protection

Benefits of Copyright Registration: Copyright registration offers several advantages, including:

  1. Legal Evidence: The registration certificate serves as prima facie evidence of ownership and validity, making it easier to enforce copyright claims in court.
  2. Infringement Protection: Copyright registration enables the copyright owner to take legal action against anyone who infringes upon their rights.
  3. Licensing and Royalties: Copyright registration facilitates licensing, enabling the copyright owner to grant permission for the use of their work and receive royalties in return.
  4. Global Protection: Copyright registration in India provides protection in many countries that are part of international copyright conventions.
  5. Copyright protection ensures that creators have exclusive rights over their original works, preventing others from using, reproducing, or distributing their work without permission.
  6. By applying for copyright, creators establish legal evidence of ownership, making it easier to enforce their rights in case of copyright infringement. creators can seek legal remedies, including injunctions, damages, and compensation, in case of copyright infringement.
  7. Copyright protection allows creators to control how their works are used, ensuring they receive appropriate recognition and financial benefits.

Overall, copyright protection and applying for copyright in India offer numerous advantages, ranging from legal protection and recognition to financial benefits and the ability to control and license creative works. It promotes a thriving creative ecosystem and supports the rights and interests of creators and authors.

Real-life cases of copyright protection

to further understand the importance of copyright registration in India, Let’s see some of the real-life cases where copyright protection was crucial in ensuring compensation for copyright infringement.

  • Film Copyright Infringement: In 2018, the makers of the Bollywood film “Padmaavat” faced allegations of copyright infringement by a playwright named P.N. Joshi. He claimed that the film’s director, Sanjay Leela Bhansali, had copied certain elements from his play without permission. Joshi filed a lawsuit, asserting his copyright over the play and seeking compensation. The court recognized his copyright, and Bhansali’s production company had to pay a significant sum as compensation for the infringement. This case highlights the importance of copyright protection for creative works such as plays, films, and scripts. Copyright registration helps establish ownership and provides legal recourse to creators who encounter unauthorized use of their works.
  • Music Copyright Infringement: In 2013, Indian music composer Vishal Dadlani faced a copyright infringement claim from a religious group. They accused him of using their copyrighted song without permission in the movie “Chennai Express.” The group sought compensation for the unauthorized use of their composition. However, Dadlani was able to successfully defend himself by presenting evidence of prior creation and copyright registration of his version of the song. The court ruled in his favor, highlighting the importance of copyright registration as evidence of original creation.
  • Software Copyright Infringement: In the software industry, copyright protection is crucial to prevent unauthorized use and distribution of programs. In 2017, Microsoft won a copyright infringement case against a Delhi-based company, Microsoft Corporation India Pvt. Ltd. v. Yogesh Papat & Anr. The defendant was distributing pirated copies of Microsoft software without authorization, infringing on Microsoft’s copyrights. The court awarded substantial damages to Microsoft and issued an injunction to prevent further infringement. This case highlights the importance of copyright protection in the software domain, enabling companies to defend their rights and receive appropriate compensation.
  • Literary Work Copyright Infringement: In 2014, the renowned author Chetan Bhagat filed a lawsuit against the makers of the film “Half Girlfriend.” Bhagat claimed that the film’s screenplay and dialogues were adapted from his novel of the same name without obtaining the necessary rights. The court recognized Bhagat’s copyright over the literary work and ordered the filmmakers to pay compensation for copyright infringement. This case emphasizes the significance of copyright protection for authors and their literary creations.

These real-life cases demonstrate that copyright protection in India is essential for creators and authors to defend their rights and seek compensation for copyright infringement. Copyright registration provides legal evidence of ownership, strengthens the position of copyright holders, and facilitates the enforcement of their rights in court. It acts as a deterrent against unauthorized use and ensures that creators receive appropriate recognition and compensation for their original works.

StepPointReal-life Case
Legal Protection and Ownership RightsCopyright registration provides legal ownership of the work, giving the creator exclusive rights to reproduce, distribute, and publicly display their creation.In the case of Super Cassettes Industries Ltd. vs. MySpace Inc., the copyright owner successfully sued for infringement due to unauthorized use of copyrighted music on the platform, highlighting the importance of legal protection.
Prevention of Unauthorized UseRegistration deters others from using, copying, or distributing the work without permission. It serves as a public record that the work is owned by the registrant.M/S Blueberry Books & Ors. vs. Dr. Shahnaz involved unauthorized copying of educational materials. The court ruled in favor of the copyright owner, who had registered the work.
Easier Enforcement of RightsWith copyright registration, the owner can more easily enforce their rights in court. It serves as prima facie evidence of ownership, shifting the burden of proof to the alleged infringer.In T-Series vs. Gopal, Kishan, T-Series was able to easily enforce its rights due to registered copyrights, leading to a favorable judgment against the infringer.
Right to Claim Statutory Damages and Attorney’s FeesRegistered copyright holders can claim statutory damages and attorney’s fees in case of infringement, even without proving actual damages.The M/S Kanika Bedi vs. Creative Eye Ltd. case demonstrated how the court awarded statutory damages to the registered copyright holder without the need to prove specific losses.
Facilitating Commercial ExploitationCopyright registration enhances the commercial value of the work, enabling licensing, franchising, or outright sale. This can generate significant revenue streams.The copyright of the song “Why This Kolaveri Di” was registered, allowing the creators to commercially exploit it through multiple channels, including movies, advertisements, and merchandise.
Enhancing Market Reputation and CredibilityCopyright registration adds credibility and market value to the creator’s portfolio, signaling professionalism and seriousness about their intellectual property.Software companies like Infosys register copyrights for their software products to enhance market reputation and attract business clients who value intellectual property protection.
Long-Term ROI through Licensing and RoyaltiesRegistered copyrights can be licensed to others, generating royalties and creating a long-term revenue stream. This offers an excellent return on investment.The success of the book “Five Point Someone” by Chetan Bhagat, registered under copyright, allowed the author to earn significant royalties and licensing fees, including movie rights.
Protection of Moral RightsCopyright registration also protects the creator’s moral rights, ensuring that their work is not altered in a way that harms their reputation or integrity.The court in Amarnath Sehgal vs. Union of India ruled in favor of the artist whose sculpture was mutilated, recognizing the importance of protecting moral rights.
Safeguarding Future Innovations and DerivativesRegistering a copyright not only protects the current work but also future derivatives and adaptations, safeguarding the creator’s ongoing innovation.Satyam Infoway Ltd. vs. Sifynet Solutions Pvt. Ltd. illustrated the importance of registering derivatives of copyrighted material, where a registered domain name was protected due to prior copyright registration.
Competitive Advantage in the IndustryCompanies and individuals with registered copyrights gain a competitive edge by securing their unique creations, ensuring that they cannot be legally replicated by competitors.The copyright protection of “Malgudi Days”, a television series based on R.K. Narayan’s works, gave the producers an exclusive right to adapt the stories, preventing competitors from creating similar content.
Enhancing International ProtectionRegistered copyrights in India can be extended internationally through treaties like the Berne Convention, providing global protection.A software company registering its copyright in India under the Berne Convention was able to prevent unauthorized use in multiple countries, protecting its global interests.
Mitigating Risk in CollaborationsCopyright registration clarifies ownership in collaborative projects, reducing the risk of disputes among collaborators.In the case of The Indian Performing Rights Society Ltd. vs. Eros International Media Ltd., clarity on copyright ownership allowed the parties to resolve disputes amicably, avoiding lengthy legal battles.
Supporting Creative Growth and InnovationKnowing that their work is legally protected encourages creators to innovate and invest time and resources in new projects, fostering a culture of creativity.The booming Indian music industry, where artists frequently register their works, exemplifies how copyright protection supports creative growth and encourages innovation.

The cost of registering a copyright in India depends on the type of work you are opting for. The Government fee (Official fee) ranges from ₹ 500 to ₹ 5,000, depending on the form of work. The fee can be paid through E-payment. Here is a table that shows the fee for different types of works:

Type of WorkGovernment Fee
Literary, Dramatic, Musical or Artistic work₹ 500 or (USD 6)
Literary or Artistic work which is used or is capable of being used in relation to any goods or services₹ 2,000 or (USD 24)
Cinematograph Film₹ 5,000 or (USD 60)
Sound Recording₹ 2,000 or (USD 24)
The attorney fees would be about ₹ 5,000 in addition to the official fees explained above:
  • For Computer Software Source Code/ Literary Work: You will need a Power of Attorney for the firm (We will provide you the format). The attorney fee for this would be ₹ 5,500.
  • For Sound Recording: Govt. Fee 2000 + 5,000 Attorney Fee. Total expenses for filing one copyright registration application for Sound Recording would be ₹ 7,000.
  • For Video Recording: Govt. Fee 5000 + 5,000 Attorney Fee, Total expenses for filing one copyright registration application for Video Recording would be ₹ 10,000.

Note: For Artistic Work (Logo): You will need a No Objection Certificate from the Trademark Registry (We will obtain it for you). TM-60: 9,000.00 Govt. Fee + 3,000 Attorney Fee Copyright Application: 2,000 Govt. Fee + 3,000 Attorney Fee Total expenses for filing one copyright registration application for Artistic Work (Logo) would be ₹ 17,000.

You might be wondering, “Is it worth the investment?” The answer is a resounding yes. With attorney fees as low as ₹5,000 and official fees ranging from just ₹500 to ₹5,000, the return on investment is unparalleled. For a small upfront cost, you gain a fortress of legal protection around your most valuable assets.

Conclusion

Copyright registration is a crucial step in safeguarding intellectual property rights in India. By following the outlined procedure, creators and authors can protect their original works from unauthorized use and infringement. It is advisable to consult legal professionals or refer to the official Copyright Office website for the most up-to-date information on the process, costs, and required documents for copyright registration in India.

Prasad Karhad
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