The Registration of a copyright has been done in accordance with Chapter X of the Copyright Act, 1957 and Rule 70 of Copyright Rules, 2013. There are three simple steps for a copyright registration
STEP 1:
Application: All the persons who are capable of registering for a copyright can either fill a physical an application in the copyright office or through registered/speed post. The application can also be filed electronically known as e-filling which is available on the official website of copyright office (https://copyright.gov.in/UserRegistration/frmLoginPage.aspx ).
There should be only one application per one work. Each of the application must be submitted in Form XIV available at https://copyright.gov.in/Documents/Form/Form-XIV-Registration_of_Copyright.doc with the required fees prescribed in the Second Schedule to the Copyright Rules, 2013 available at https://copyright.gov.in/Documents/Copyright_Rules_2013_and_Forms.pdf .
The Fees for different work can be accessed by an individual from https://copyright.gov.in/frmFeeDetailsShow.aspx .
There is also a form (Form XV) available for registration of changes in particulars of copyright available at https://copyright.gov.in/Documents/Form/Form_XV_and_Check_list.doc.
The fees can be in form of demand draft or Indian Postal Order in favour of “Registrar of Copyright Payable at New Delhi” or through electronic payment.
Information required for this process are as follows:
1) Registration Number (filled in Copyright Office)
2) Name, address and nationality of the Applicant
3) Nature of work of the applicant in which he/she has interest
4) Class and Description of work
5) Title of work
6) Name, address, nationality of the author and in the case where author has dies, then date of death
7) Language of Work
8) If work is published or unpublished
9) Year and Country of first publication, name, address and nationality of publisher
10) Year and Country of subsequent publication if any, name, address and nationality of publisher
11) Name, address and nationalities of owners of various right and extent of rights held by them combined with particulars of licenses and assignment if any
12) Name, address and nationality of any other persons if any, entails to assign or license the rights comprising of copyright
13) In case of ‘artistic work’, then original work location, name, address and nationality of person who is in the possession of work. In case of ‘architectural work’, the year of completion of work.
Documents needed for the registration of copyright of different kinds of work
1. If the work is “artistic” which is capable of being used in relation to goods or services, then a no-objection certificate from Registrar of Trade Mark is required.
2. If work is artistic work and if registered under the Design Act, 2000 then details of the same needs to be furnished. If the artistic work is capable of being registered as a design under Design Act, 2000 then such application must be filed with a statement in form of affidavit stating that it has not been registered under Design Act, 2000 and not has been applied to any article by way of industrial process.
3. No-objection certificate is needed to be filed by the author or publisher in case if person other than applicant is applying for the registration along with a document containing the name, address and nationality of the author, and if the author is deceased, the date of his death.
4. No-objection certificate is also required from the trademark office in case if the work is to be used on some product.
5. No-objection certificate from such person is required whose photo is appearing in the work.
6. Application for registration of unpublished work is to be accompanied by two copies per work and if the work is published then three copies of the published work is required along with the year and address of first publication and year and country of subsequent publications (if any).
7. Application for registration of computer programme to be accompanied by source and object code.
8. Every application shall be signed only by applicant who may be an author or an owner.
9. If application made by Advocate of the applicant, then Vakalatnama or Power of Attorney duly signed by Advocate and the applicant must be submitted.
In case of Literary, including software, dramatic, musical and artistic work there is a separate particular form given under Form XIV available at https://copyright.gov.in/Documents/Form/Form-XIV-Registration_of_Copyright.doc which has to be submitted to the registrar along with the prescribed fees.
Detailed steps for e-filling of Copyright
1. Go to https://copyright.gov.in/UserRegistration/frmLoginPage.aspxand click on NewUser Registration, if you have not registered.
2. After Registration, enter your valid User ID and Password for login.
3. After login, click on the link “Click for Online Copyright Registration”.
4. There are four steps after this:
(a) Fill Form XIV and then press SAVE button to save details and press STEP 2 for next step.
(b) Scan your signature in 512 KB size and upload the same.
(c) Complete the details in Statement of Particulars and press SAVE button, and press STEP3/4 for next step.
(d) Fill the Statement of Particulars (in case of literary/dramatic/musical/artistic works and then press SAVE button and then press STEP4 for next step.
(e) Make the payment through Internet PaymentGateway.
5. After submission of the form, there is a generation of a dairy number.
6. Artistic work to be upload in png/jpg/pdf or Literary/Dramatic work in pdf format in size less than 5 mb.
7. Take one print of ‘Acknowledgement Slip’ and one print of ‘Copyright Registration Form’ and send the same by post at:
Copyright Division, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, BoudhikSampada Bhawan,Plot No. 32, Sector 14, Dwarka, New Delhi-110078.
STEP 2:
Examination: After the filing of Application, there is an issuance of a diary number. There is a mandatory waiting period ’30 days’ to make sure that ‘no objection’ is filed against the claim of author. If there is any objection then a fair opportunity of hearing is given to both the sides by the Registrar of Copyright. After giving the decision regarding ownership or dismissal of objection, the application goes for scrutiny and 30 days -time period is given to the applicant for removing any discrepancy. If the discrepancy is not removed, the application is rejected and letter of rejection is sent to the applicant.
STEP 3:
Registration: In this step, the Registrar of Copyright asks for any additional documents and after having been completely satisfied with the correctness of the claim, then he will enter the particulars of the copyright in the ‘register of copyrights’ and thereafter, issues a certificate of registration. The registration is completed when a copy of entries made in the register of copyrights is signed and issued by the Registrar of Copyrights or Deputy Registrar of Copyrights. Registration is completed when there is an issuance of a copy of entries made in register of copyrights to the applicant.