A Step-by-Step Guide to Copyright a Song in India

Any singer, lyricist, or performer can copyright a song in India under the Copyright Act of 1957 and the Copyright Rules of 2013. This copyrighted work will become the intellectual property of the owner. When someone copyrights their song, they get legal ownership and exclusive rights to the song. Copyrighting a song also protects it from unauthorized use. In this article, we will understand the steps to copyright a song.

What is Copyright Law?

In India, the Copyright Act was first passed in 1957 and was later amended in 2012. All the rights of a copyrighted song are protected by the Copyright Act 1957 and the Copyright Rules 2013. Copyright includes a bunch of rights such as rights of reproduction, communication to the public, adaptation, and translation of the work.

Depending on the work, the composition of rights may vary a bit. The Copyright Office falls under the Department of Industrial Policy and Promotion of the Ministry of Commerce and Industry. The Copyright Office is headquartered in New Delhi.

Procedure to Copyright a Song in India

In order to successfully copyright a song in India, one must follow the steps listed below:

Step 1: Go to the official website:

In order to copyright a song, the owner needs to visit the official website of the Copyright Office. After that, one needs to fill in their user ID and password to Log in. If someone is a new user, they need to click on “New User Registration”. Remember to note down the password and User ID to use it in the future.

Step 2: Submitting the Application:

After you log in, click the "E-Filing of copyright Application" option. Under that option, you will easily find the option of "registration of copyright (form-XIV). For submitting the application, you need to put the necessary information as well as a statement mentioning the necessary details.

 Everything should be recorded in a formal format that is in FORM XIV. In this form, you need to provide details such as the applicant's name, address, type of work(lyrics, composition, or recording), and the details of the owner. While filing the application, the applicant must remember to file separately for different work. Other than that, the applicant and their advocate must sign all the documents.

Step 3: Pay the registration fees.

After the applicant is done filling in the form XIV, they need to pay the prescribed fees for getting their song copyrighted. The payment can be made online via debit/credit or net banking.

Step 4: Receive the Diary Number

After the copyright registrar receives the application, they will issue a dairy number. This marks the start of the copyright registration process.

Step 5: Mandatory 30-day waiting period.

After issuing the diary number, the applicant must wait for 30 days. This period is allotted for anyone to object to the song. The applicant can easily check the status of the application in the official portal. If no one objects within 30 days, the application process moves forward. After that, the applicant must send a scanned copy of each ‘Acknowledgement Slip’ along with the ‘Copyright Registration Form’ to the Copyright Office.

Step 6: Objection resolution.

If someone objects to the application within 30 days, the registrar will inform the owner mentioning the details of the objection as well as the name of the objector. After receiving the letter, the applicant must reply within the allotted timeframe (30 days).

Step 7:-Responding to the objection

With the response, the applicant must justify their claim to the copyright. They should also provide the documents listed below:

• Proof of originality that is drafts, compositions, audio files)
•  Agreements with co-creators (if applicable)
•  Any prior publication or evidence of ownership.

Step 8: Hearing of the objection

This step is applicable if the objector continues to challenge the claim of the copyright. In these scenarios, the registrar will send a letter to both parties mentioning the date of the hearing. On that date, both parties need to provide supporting documents and evidence in order to support their claim.

After hearing both the parties, the registrar will examine the following documents.

• The originality of the song.
• Ownership rights of the applicant and objector.
•  Any existing agreements or contracts.

Step 9: The registrar’s decision

After a detailed analysis of the evidence, the decision depends on the registrar. If the claim is valid, the registrar will move to the next step. But if the claim is groundless the application will be rejected. In that scenario, the applicant needs to revise the application.

Step 10: Opposition by the registrar.

This step is applicable if the registrar opposes the application. This may happen to any applicant for a lot of reasons. A few of the reasons are listed below.

• Lack of originality: According to section 13 of the Copyright Act, of 1957 only original works can be copyrighted. If the song is not an original work, the registrar can reject the application.
• Existing Copyright or Prior Claim: Before approving the new application, the registrar conducts a thorough examination. In this process, the Copyright Office verifies whether the work is previously registered. If this happens, the registrar at the Copyright Office will deny the new application.
• Incorrect or Incomplete Application: According to Rule 16 of the Copyright Rules 2013, the application should be complete and accurate documentation. If the applicant fails to submit proper documents for example missing NOCs, identity proof, or song details, the registrar may oppose the application.
• Violation of Public Order or Law: The registrar might oppose the application if the song contains illegal, obscene, or defamatory content.
• Failure to Respond to Registrar's queries: If the registrar requests any additional information and the applicant does not respond, the registrar may oppose the application.

Step 10: Notifying the applicant.

 When the registrar opposes the application, they will notify the applicant. The opposition can be any of the reasons listed above. The notice will specify the reason for opposition.

Step 11: Responding to the opposition.

After the applicant receives the opposition, they need to respond to it within 30 days. In the legal response, the applicant must attach the following documents:

• Justification of Ownership
• Additional Documents e.g NOCs, agreement, or revised forms(if required)

Step 12: Attend the Hearing

If the opposition is not resolved through written communication the registrar will schedule a hearing. In this step, the applicant must be present with their advocate. The applicant will get a chance to resolve the problem in the application. Moving forward, the registrar will review the evidence presented. Following that, they will decide whether to accept the claim or reject it. If rejected the applicant will be asked to modify the claim.

Step 13: Issuance of Copyright Registration Certificate.

Once the registrar approves the application, the concerned authorities will issue a Copyright Registration Certificate. Generally, the entire process takes 2-3 months to complete.

Documents Required for Copyrighting a Song

In order to copyright a Song in India, the applicant must submit the documents listed below:

• Complete Application Form(Form XIV):

The applicant needs to fill out the form XIV with authentic information about the songs and their creators.

• Statement of Particulars (SoP) and Statement of Further Particular (SoFP)

The applicant should also provide detailed information about the work, including the title, language, and names of authors and owners.

• Copies of the Work

With the application, the applicant must attach two copies of the song’s lyrics and musical notation. If the song is recorded, the applicant must include a copy of the sound recording.

• No Objection Certificate(NOCs)

If the applicant is not the author (lyricist or composer), they must obtain NOCs from the original authors.? If the song has been published and the publisher is different from the applicant, an NOC from the publisher is required.

• Demand Draft/ India Postal Order (IPO)

If someone is applying offline, they need to pay the prescribed fees via a demand draft or IPO(Indian Postal Order).

• Power of Attorney (If Applicable):

If an advocate is applying on behalf of the applicant, submit a Power of Attorney on stamp paper, duly signed by the applicant.

• Identity Proof of the Applicant:

In the application, the applicant must attach a copy of their identity proof, such as an Aadhar card, PAN card, or passport.?

• Covering Letter:

Along with the application, the applicant must attach a letter addressed to the Registrar of Copyrights, mentioning the intent to register the song and listing the enclosed documents.

Prescribed Fees for copyrighting a song

Below are the prescribed fees that one needs to pay in order to copyright a song in India:

Benefits of getting a song copyrighted

A creator enjoys a lot of benefits after copyrighting a song. A few of the benefits are listed below:

• Legal Protection Against Infringement

Once the creator gets their song copyrighted they become the legal owner of the work. Nobody can copy or use the song without the permission of the owner. In these scenarios, the owner can file a case for damage and compensation. The case will fall under the Copyright Act, of 1957.

• Exclusive Rights over the song

After copyrighting the song, the owner gets exclusive control over the work. They can reproduce, perform, modify, or adapt the song as per their requirement. The owner can give others the permission to use it.

• Earning Royalties and Commercial Benefits

Once the owner copyrights the song, they get money every time someone uses the song for commercial purposes. The owner is entitled to get a royalty amount if the song is played on radio, TV, YouTube, or any streaming platforms like Spotify, Apple Music, Jio Savan, etc. The owner can also sell or license the song to music companies, streaming platforms, and advertisers.

• Berne Convention Benefits

If a song is copyrighted in India, it gets internationally recognized in over 180 countries. The copyrighted work falls under the Berne Convention. This will prevent any unauthorized usage not only in the registered country but also internationally.

• Proof of ownership

Copyright registration serves as legal proof of authority in any case of dispute. If any other artist claims the same song to be theirs, the registered owner will have a stronger legal position with the copyright registration Certificate.

• Increased Market Value and Recognition

Once the song is copyrighted under the Copyright Act 1957, its value increases in the music industry. The creator of the song gains recognition as well as credibility. Other than that music labels and production houses always prefer working with copyrighted music in order to avoid any legal risk.

Validity of copyrighting a song in India

Once the creator of the song copyrights it, they retain exclusive rights over the work. Other than giving exclusive rights, the Copyright Act, of 1957 also controls the validity of copyright protection. The duration of the copyright protection depends on the different components of a song. Below is a list of the components along with their validity:

• Validity of the copyright protection in case of unknown author or publication in false name

If the music is published under a false name or the creator is unknown, the copyright of the song lasts for 60 years from the year it was published. If the creator reveals their identity before the copyright protection expires, the copyright will remain valid for 60 years after the death of the creator.

• Validity of Copyright for lyrics and musical composition

Any lyrics and musical compositions fall under the category of literary and musical works. Under the Copyright Act, of 1957, the validity of the copyright protection lasts for the lifetime of the creator. The work will be protected for 60 years, after the death of the creator.

• Validity of copyright for sound recording

The recorded version of a song remains protected under the Copyright Act, of 1957 for 60 years from the following year of the first publishing year. The protection starts from January 1st of the following year after it was published.

What happens after the Copyright expires?

After the copyright protection expires, the songs automatically enter the public domain. Entering the public domain means anyone can freely use the song, modify it, or distribute it without requiring permission.

Conclusion

In a nutshell, copyrighting a song ensures long-term protection and commercial benefits for creators. It provides a strong legal foundation in case of disputes and prevents unauthorized use. Additionally, it enhances the market value of the work, making it more attractive to music labels and streaming platforms. By securing copyright, artists gain both creative control and financial security, allowing them to focus on their craft without legal concerns. Contact online legal India to copyright a song in India.