Copyright Registration

The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright protection for ideas, procedures, and methods of operation or mathematical concepts as such

Copyright protection is not applicable for ideas and methods for example: business operations, technical discoveries, mathematical principles and other such concepts; commonly available info- e.g. telephone directories, general databases taken from free public records etc.; Choreographic works and speeches unless they are notated or videotaped. Also business names, product descriptions, taglines and other such expressions cannot be copyrighted

Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright, a work must be original

No, Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to the ownership of copyright

The Copyright office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights. It is located at Plot No. 32, Boudhik Sampada Bhawan, Sector-14, Dwarka, New Delhi- 110075. The applications are also accepted by post. On-line registration through “e-filing facility” has been provided from 14^th February 2014, which facilitates the applicants to file applications at the time and place chosen by them

Refer the link http://copyright.gov.in/frmFeeDetailsShow.aspx for the details of fees payable for each work for which copyright is sought. One can pay fees in favour of “Registrar of Copyrights” payable at “New Delhi”. The fee is not reimbursable in case of rejection of the application

Any person or business entity can apply for copyright registration. The person may be an individual who is either a author, creator, musician, photographer, producer, painter, composer or a company which may safeguard their creativity by using the legal authority

Yes, both published and unpublished works can be registered. Two copies of published or unpublished work may be sent along with the application. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. One copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office

When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form XV with prescribed fee. The process of registration and fee for registration of copyright is same

Yes, 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 programmes, tables and compilations, including computer databases. ‘Source Code’ and “Object Code” have also to be supplied along with the application for registration of copyright for software products

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. In case any objection is filed, the Registrar of Copyrights after giving an opportunity of hearing to both the parties, may decide to register the work or otherwise

If no objection is filed, the application is examined by the examiners. If any discrepancy is found the applicant is given ordinarily 45 days time to remove the same. Therefore, it may take around 2 to 3 months time for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key for speedy disposal the matter

As per the rule 70(12) of the Copyright Rules, 2013, an opportunity of hearing must be given. However, only after hearing, it may be decided to register the work or to reject it. The applicant himself or his/her pleader may appear in the hearing

As per section 72 of the Copyright Act, 1957 any person aggrieved by the final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Intellectual Property Appellate Board (IPAB)

An App is a complete, self-contained computer program that is designed to perform specific tasks. An App usually has primarily dynamic content and is designed for user interaction. It may be used directly or indirectly in a computer or hand held electronic device

An App may be registered as a computer program under literary works as provided under Section 2(o) of the Copyright Act, 1957. For this purpose applicant is required to submit an application for registration under software category, accompanied by the source and object code as provided under Rule 70 (5) of the Copyright Rules 2013

It is important to note that the registration will cover any screen displays generated by that program, provided that the computer program (code) generating the screen display is submitted by the applicant. Mere snapshots of screen displays of an app are not eligible for copyright protection

Validity period of a copyright is as below for various categories of work:

• Published bookish, musical-dramatic or artistic work: for a period of 60 years after the expiry of the author
• Anonymous and pseudonymous works: 60 years from the date the work was first published
• Cinematographic works: 60 years from the date film was screened
• Sound recordings: 60 years from the date such sound recording is released

Yes, a copyright can be sold, transferred, gifted, assigned or franchised with the due consent from the owner of the work