DOCUMENTS NEEDED FOR COPYRIGHT

DOCUMENTS NEEDED FOR COPYRIGHT

INTRODUCTION

Under the Copyright Act 1957, a person can register their artistic creations to prevent others from exploiting or duplicating them elsewhere. In exchange for a price, the owner was also allowed to reproduce, duplicate, and even distribute the work. Copyright refers to a person's original work that requires legal recognition so that no one else may reproduce it. For example, if someone creates a movie or a song, it must be registered under copyright, which establishes your ownership over that thing.

It is not essential to register a work to get protection since when new and original work is published, it is automatically protected by copyright. The registered copyright can also be sold, reproduced, and performed, but reproducing or selling the unregistered copyright public poses a chance of greater risk, as the registered copyright is proof that the owner has exclusive rights to the work. If the work is not registered, proving ownership becomes difficult, and any other company can claim it. The actual owner would have to deal with the repercussions of not registering the work and trying to protect the work from others would be more challenging for him because he lacks prima facie proof to support his ownership.

Works That Can Be Registered Under Copyright

  • Artistic work

  • Cinematograph Film

  • Musical works

  • Literary works

  • Fashion design

  • Software and other computer programs

Benefits of Copy Right Registration

It notifies the world that your work is copyright protected, as well as allowing anyone looking to license your work to contact you. It gives you economic benefits by allowing you to utilize your work in a variety of ways, including producing copies, performing in public, broadcasting your work, and receiving suitable compensation as a result, it rewards you. It also enables you to sell or transfer your work's rights. It allows you to sue and take legal action against anyone who infringes your copyright, such as selling copies of your work without your permission. It enables you to obtain legal proof of your ownership. So, if someone refuses to let you use your work, you can simply show that it is your work and that you have the right to use it by referencing your copyright. It is important when it comes to the global protection of work, branding, and asset creation.

Documents Needed for Copy Right

You must submit documents based on the type of copyrightable work while filing a copyright registration. For copyright registration, all applicants must provide the following documents.

Artistic work

  1. Two copies of the work.

  2. DD/IPO of Rs. appropriate amount based on the work and quantity per work.

  3. If the applicant is not the author, the author's NOC is required.

  4. If the work published and the publisher is not the applicant, the publisher's NOC is required.

  5. If the work is being used on goods or is capable of being used on goods, get a Search certificate from Trademark Office (TM -60).

  6. NOC from the individual whose image appears on the work.

  7. If the application is filed through an attorney, a specific Power of Attorney must be signed in original by the applicant and acknowledged by the attorney.

Cinematograph Film

  1. Two copies of the work.

  2. DD/IPO of Rs. appropriate amount based on the work and quantity per work.

  3. No Objection Certificate (NOC) from different copyright holders or copy of the agreement (deed of assignment).

  4. If the work published and the publisher is not the applicant, the publisher's NOC is required.

  5. If the application is filed through an attorney, a specific Power of Attorney must be signed in original by the applicant and acknowledged by the attorney.

Music

  1. Two copies of the work (Graphical notes).

  2. DD/IPO of Rs. appropriate amount based on the work and quantity per work.

  3. If the work published and the publisher is not the applicant, the publisher's NOC is required.

  4. If the applicant is not the author, the author's NOC is required.

  5. If the application is filed through an attorney, a specific Power of Attorney must be signed in original by the applicant and acknowledged by the attorney.

Literary/Dramatic

  1. Two copies of the work.

  2. DD/IPO of Rs. appropriate amount based on the work and quantity per work.

  3. If the work published and the publisher is not the applicant, the publisher's NOC is required.

  4. If the applicant is not the author, the author's NOC is required.

  5. A specific Power of Attorney in original duly signed by the applicant and accepted by the attorney is required if the application is filed through an attorney.

Sound Recording

  1. Two copies of the work.

  2. DD/IPO of Rs. appropriate amount based on the work and quantity per work.

  3. No Objection Certificate (NOC) from different copyright holders or copy of the agreement (deed of assignment).

  4. If the work published and the publisher is not the applicant, the publisher's NOC is required.

  5. If the application is filed through an attorney, a specific Power of Attorney must be signed in original by the applicant and acknowledged by the attorney.

Software

  1. Two copies of the work.

  2. DD/IPO of Rs. appropriate amount based on the work and quantity per work.

  3. If the applicant is not the author, the author's NOC is required.

  4. If the work published and the publisher is not the applicant, the publisher's NOC is required.

  5. If the application is filed through an attorney, a specific Power of Attorney must be signed in original by the applicant and acknowledged by the attorney.

  6. The work's source code and object code for verification.

No objection Certificate from the legal heirs if the author is deceased. The application must be signed by the applicant only and the applicant should make sure that any obscene material is not available on the CD while applying.

Legal Rights Under Copy Rights

  • Reproduction rights for the contents

  • Right to sell the copies

  • The right to communicate with the wider public, followed by adaptation and translation of the work.

  • The right to reserve a certain number of sold copies.

CONCLUSION

The registration of a copyright is necessary to protect the work from illegal use or duplication since it serves as prima facie proof of the work's ownership. It also allows the owner of the registered copyright to maximise the value of the work by licensing, assigning, and raising funds. Although registration is not required for copyright, it does safeguard the owner's right from infringement.

If the copyright is registered, it will be easier to take your case to court and have the individual who unlawfully copied your work punished. In order to give appropriate protection to copyright holders, in case of infringement the Copyright Act, 1957 allows for imprisonment from six months to three years and fine not less than INR 50,000.

References:

https://corpbiz.io/learning/documents-required-for-the-copyright-registration-india/#Cinematograph_Film

https://vakilsearch.com/advice/documents-required-for-copyright-registration-in-india/

https://blog.ipleaders.in/importance-of-copyright-registration-in-india/

by srija purimetla