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.

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.

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 ₹ 4,500 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 ₹ 4,500.
  • For Sound Recording: Govt. Fee 2000 + 4,000 Attorney Fee. Total expenses for filing one copyright registration application for Sound Recording would be ₹ 6,000.
  • For Video Recording: Govt. Fee 5000 + 4,000 Attorney Fee, Total expenses for filing one copyright registration application for Video Recording would be ₹ 9,000.

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.

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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