Copyright Process
Here’s a step-by-step breakdown of the copyright process in India:
1.Creation of the Work
-
Automatic Protection: Copyright protection begins the moment a work is created and fixed in a tangible form. The work must be original and fall into one of the categories protected by copyright (e.g., literary works, artistic works, musical works, etc.).
-
Examples of works include books, songs, paintings, sculptures, films, software programs, etc.
2.Optional Copyright Registration
Although not required, registration of copyright provides several advantages:
-
Legal evidence: Registered copyright acts as legal evidence of ownership in court.
-
Protection in case of infringement: It allows the copyright holder to sue for statutory damages.
-
Public record: It creates a public record ofownership.
3.Prepare the Application for Copyright Registration
The process for registering a copyright in India involves submitting an application to the Copyright Office under the Ministry of Commerce & Industry. You will need to complete Form XIV and provide the following details:
-
Title of the work: The name of the work for which registration is sought.
-
Name of the author(s): Name(s) of the person(s) who created the work.
-
Category of work: Specify the type of work (literary, artistic, musical, etc.).
4.Submission of the Application
-
Filing: you can submit a physical copy of the application to the Copyright Office in New Delhi.
5.Examination by the Copyright Office
-
Formal Examination: After the application is submitted, the Copyright Office examines the application to check whether the work is eligible for copyright registration.
-
The office ensures that the work is original, fixated in a tangible medium, and meets all legal requirements.
-
The applicant may be contacted if additional information or clarification is required.
-
The examination process typically takes 3 to 6 months from the submission date.
6. Objection and Response (If Any)
-
If the Copyright Office raises any objections during the examination, the applicant is notified and given a chance to respond or make corrections to the application.
-
Once the issues are addressed and the application complies with the requirements, the registration process moves forward.
7. Grant of Registration
-
If the application is accepted, the Copyright Office will grant registration and issue a Copyright Registration Certificate.
-
The certificate serves as legal proof of the copyright holder’s ownership and rights over the work.
-
This certificate can be used in a court of law in case of a legal dispute or infringement.
The registration is usually completed in 6 to 12 months from the application submission.
8. Duration of Copyright Protection
-
Literary, Dramatic, Musical, and Artistic Works: Copyright lasts for the lifetime of the author plus 60 years.
-
Cinematograph Films and Sound Recordings: Copyright lasts for 60 years from the date of publication.
-
Works Created by the Government or Corporate Bodies: Copyright lasts for 60 years from the year of publication.
Once the duration expires, the work enters the public domain and can be used freely by anyone.
