Copyright Registration
The content here is for information only. Please seek guidance from an Intellectual Property lawyer to register your works.
Copyright is governed by the Copyright Act of 1957, and the Copyright Rules of 2013. Legal protection is automatically awarded upon the creation of an original work, provided that it is in a tangible medium such as paper, canvas, sound recording, or digital file (Section 13). Therefore unlike trademarks or patents, there is no requirement to register a copyright for it to be valid.
However, although registration is not mandatory, it is certainly recommended. Registration provides significant advantages, especially when asserting rights in a Court of law. A registered copyright serves as the strongest form of evidence of ownership and authorship (Section 48), making a dispute procedure shorter and simpler.
The process of registration is straightforward. Once successfully registered, the applicant would be issued a copyright certificate. During any dispute, this certificate is valuable as it simplifies the burden of proof on the artist to prove their ownership (Section 48).
Copyright grants creators a range of exclusive rights upon creation, thus being reinforced stronger by registration. These rights include the right to reproduce the work, create adaptations or derivations, distribute copies, publicly perform the work, and communicate it to the public.
The duration of copyright for original artistic works is the lifetime of the author with an additional 60 years from the year of their demise. Anonymous works last 60 years from the date of publication. These rights are both economic (with respect to royalties and monetary compensation) and moral (the right to claim authorship and the right to maintain integrity of the work) as well. Moreover, India is a member of the Berne Convention, which means works created here are automatically protected in all other Berne signatory countries, and vice versa.
Steps
1: Visit the Official website of the Copyright Office. Log in with a valid User ID and Password or click on 'new user registration'. Note down or remember your user ID and password for future reference.
2: An application containing all necessary particulars and a statement of the particulars must be prepared in the prescribed format (Form 14 [under Rule 70]). After logging in, click the 'click for online copyright registration' link. The online registration form requires completion in four steps:
A. Fill out Form 15 and click 'save'
B. Prepare a scanned copy of your signature.
C. Complete the 'statement of particulars' and click 'save' to save your entered details. Then, fill out the 'statement of further particulars'. This form applies to artistic, literary, dramatic, and software works. Click 'save' to store your entered details and proceed.
D. Proceed to make the payment. This application and the requisite fees outlined in Schedule 2 of the Copyright Act are then forwarded to the copyright registrar. Use the internet payment gateway to make the required payment. The fee for artworks is ₹500 per work.
It's important to note that a separate application is necessary for different works. Additionally, the applicant along with an advocate holding a vakalatnama (power of attorney) must sign every application.
3: Upon receiving the application, the Registrar of Copyrights will issue a diary number, marking the initiation of the copyright registration process. Subsequently, there is a mandatory 30 day waiting period for any objections to be submitted. This is largely a formality, unless your work is validly objected against (on similarity, incomplete application, and/or indistinction).
Print one hard copy of each of the acknowledgement slips and the copyright registration forms, and send them by post to the following address: Copyright division, Department for promotion of industry and internal trade, ministry of commerce and industry, boudhik sampada bhawan, plot no. 32, sector 14, Dwarka, New Delhi-110078 (Email: copyright@nic.in; Telephone: 011-28032496)
4: If no objections are raised within 30 days, a scrutinizer will assess the application for any discrepancies. If no differences are found, the registration will resume, and an extract will be provided to the registrar for entry into the Register of Copyright (Section 44). Copies can be made available upon a fee payment (Rule 74). Do remember that the Register and indexes are also mandated to be open for inspection (Rule 73). If objections are received, both parties will receive a notification from the examiner outlining the objections. A hearing will be arranged to address these objections.
5: Following the hearing and the resolution, the scrutinizer will either approve or reject the application, depending on the specific circumstances.
6: Once the application is approved, the Copyright Office will issue the copyright registration certificate. In the usual course of events, the entire process takes approximately 2 to 3 months.
To check the status of your application, visit the website of the Copyright Registrar and click on the 'status of application' section. Provide the diary number you receive, which is known as the 'acknowledgment number'. Submit this, and you will be able to see the current status. Remember the Registrar can amend entries upon application or suo-motu (meaning by its own initiation), with notice or per a Copyright Board order (Rule 71).
Given that copyright is normally automatic, the registration process may definitly seem tiring, time-taking, and frankly unecessary. However, from a legal point of view, a registration certificate is an extremely strong piece of evidence.
The fee for one application is ₹500. However if that is stacked, fees can hike and it wouldn't be attractive to some artists. However, there is not much to fear. Courts routinely enforce their decisions based on documentary and circumstantial evidence-- drafts, emails, announcements, testimonies, etc. with valid timestamps and metadata, when no registration exists.
The life of a registration
Copyright is born as soon as you create a work. Upon its creation, the work will be protected for the entirety of your life with an additional life of 60 years.
The time between its birth and finish point, it is important to be aware of resale rights (Section 53A of the Copyright Act) in addition to your economic and moral copyrights.
Suppose you sell a work to a gallery, and a year later it resells for twice the amount. In this case, you are legally entitled for a resale royalty by the resale buyer. Read this article about your resale rights. Please note that after the artist passes away, the heirs/ successors/ beneficiaries will have the right to claim resale royalties for upto 60 years.
At the end of the term, the work will enter the public domain. Individuals will be able to freely access and download your works and use them for noncommercial as well as commerical works (for small businesses, products, marketing, inspiration, etc). This way, your work is thoroughly protected, your successors will benefit from the works, as well as ultimately have it bleed through to the public to promote creativity and knowledge. This cycle balances public and private interests.