Everything You Need to Know about Copyright Registration Certificate

In today’s competitive world, keeping the original content secured is important Any creative work can be copies, misused, stolen if the creator does not have proper rights. It also leads to legal compliance. With a copyright registration certificate, owners of the creative work get exclusive right over their work.

When a creator have copyright certificate they not only restrict unauthorized use of their work but also strengthens their legal claim in case of any disputes. In this article we will know in details about the copyright registration certificate.

What is Copyright Law in India?

In India, the Copyright Act of 1957 looks after the copyright law. It protects the original work of a creator such as literacy, dramatic, musical etc. Copyright automatically protects any creative work but registration strengthens legal enforcement. The act also have a few provision such as fair use, licensing as well as penalties for infringement.

Later in 2012, the copyright act was amended. It introduced stricter penalties and enhanced protection for digital content. Copyright law helps creators monetize their work while preventing unauthorized exploitation.

Procedure to apply for a Copyright Registration Certificate:

When a creator wants to copyright their work they need to follow a detailed legal process. Below is a guide to getting a Copyright Registration Certificate:

Step 1: Visit the official website

The first step is to visit the official website of copyright registration. If the creators have already signed up they can easily log in with their user id and password. While a new user needs click on the “New User Registration” process. New users should note down the login credentials for future use.

Step 2: Submit the application.

Now you need to click on the “e-filing of copyright application option”. In that option, you will easily find, “registration of copyright (Form- XIV). Before submitting the application, the applicant needs to fill in all the required details. They also need to attach a statement mentioning all the necessary information.

The applicant should fill in all the information in FORM XIV. In that form, they need to include all the details such as the applicant’s name, address, and type of work as well as the details of the owner. The creator needs to file different applications for different work. While submitting the application, the applicant must remember that they along with their advocate should sign all the documents.

Step 3: Pay the registration fees.

After filing the form XIV the applicant needs to pay the fee for copyrighting their work. They can make the payment online via debit/ credit card and net banking.

Step 4: Issuance of diary number

Once the copyright registrar receives the copyright application they will provide a diary number. This indicates that the copyright registration process has started.

Step 5: 30-day waiting period

Once the applicant received the diary number, they need to wait a 30 days. The waiting period is allotted for anyone to object to the copyright registration. During this time, the applicant can easily check their copyright application status in the official portal of copyright registration.

When no one objects within the allotted time frame, the application will move forward to the next step. But if the registrar receives any objection the application will be put on hold.

Step 6: Resolving the objection

Once the registrar receives the objection within the allotted time frame, they will notify the applicant.  The notice will contain the name of the objector as well as the details of the objection. The applicant needs to reply within 30 days of receiving the letter.

Step 7:  Sending the response to the objection

In the response, the creator needs to justify their reasons for claiming the copyright. They should remember to attach the documents listed below:

• Originality  proof of the  work
• Cr-creator’s agreement(If applicable)
• Evidence of Prior publication or ownership.

Step 8: Objection hearing

This step comes into play if the objector of the copyright keeps on challenging their claim. In such instances, the registrar will send a notice to both parties mentioning the date of the hearing. On that particular date, both parties need to provide adequate documents that will support their point. Post-hearing the registrar will verify the following documents.

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

Step 9: Registrar’s decision

Post examination the registrar will give their decision. If the claim of the copyright is valid, the application will move to the next step. But if the claim stand invalid, the application will be withheld. In these case, the copyright applicant will get a chance to revise the application.

Step 10: Registrar opposing the application

This step comes into play if the registrar opposes the copyright application. A registrar can oppose the application because of many reasons. A few of the reasons are listed below:

• Lacking the originality: In section 13 of the copyright Act, 1957 it is stated that only the original contents will be copyrighted. If the registrar finds any work to be a copy, the application of copyright will be rejected.
• Prior claim of copyright: Prior to approval, the registrar will go through all the claims of copyright. If any claim resembles the new claim, the registrar will withhold the new application.
• Incorrect or incomplete application: Rule 16 of the copyright rule 2013, states that the application for copyright should have complete and accurate documents. Failing to submit accurate and complete documents such as missing NOCs, identity proof or proper details of the work, will result in opposition of the application.
• Violation the public order or law: If some work contains any illegal, obscene, or defamatory content, the registrar can reject the application
• Failing to respond to the registrar’s queries: Even after attaching accurate and complete documents, the registrar may ask for additional documents if required. Failing to respond or provide additional documents might result in opposition to the application.
• Step 10: Notifying the applicant

A registrar can oppose a copyright application for any of the above listed reason. Post opposition the application will receive a notice. The notice will include the details of the opposition.

Step 11: Replying to the opposition

The application will get 30 days to respond to the opposition. In the formal response, the applicant needs to attach the documents listed below:

• Justifying their ownership over the work
• Additional Documents such as NOCs, revised forms (if required), and agreement.

Step 12: Attending the hearing

When the problem is not solved with written communication, the registrar will arrange a hearing. The applicant must attend with their lawyer. During the hearing, they will have a chance to fix any problems in their application. The registrar will then examine the evidence and decide whether to approve or reject the claim. If rejected, the applicant will need to make necessary changes.

Step 13: Receiving the copyright registration certificate

Post approval of the application, the authorities will issue a copyright registration certificate. Usually, the entire process takes 2-3 months to complete.

Documents required for obtaining a Copyright Registration Certificate:

In order to obtain a copyright registration certificate in India, the applicant must submit all the documents listed below:

• Completed Application Form (Form XIV): This form contains all the necessary details about the work, the author, and the applicant. It must be filled out accurately. The applicant needs to sign the form.
• Statement of Particular (SoP): This document contains detailed information about the work, including its title, nature, and authorship.
• Copies of the Work: Along with the application, the applicant needs to attach copies of their work. In case the work is published, the applicant should submit one copy. In case of unpublished work, the applicant must attach two copies of their work.
• No Objection Certificate (NOC): If the applicant is not the author, they need to attach an NOC certificate from the author or their legal heirs. This certificate indicates that the original author has no objection to the applicant registering the copyright in their name.
•  Power of Attorney (POA): The applicant must sign the Power of Attorney (PoA) on stamp paper and submit it if an advocate or agent is applying on their behalf.
•  Payment proof: While applying physically at the copyright office, the applicant needs to attach proof of payment. The payment proof can be a Demand Draft(DD) or an Indian Postal Order(IPO).
• Proof of identification: While applying the applicant must attach identity proof such as an Aadhaar card, PAN Card, or passport.

Additional Documents required

Prescribed Fees for obtaining a Copyright Registration Certificate:

In India, the fees for obtaining a copyright registration certificate vary on the basis of the work. Below is a details list of the prescribed fees according to the type of work

• Benefits of having a copyright registration certificate:

  Obtaining a Copyright Registration Certificate can have a lot of benefits. Below is a list of a few of the benefits that the creator of a work will enjoy after getting their Copyright Registration Certificate:

Enforcement and Legal Protection

Listed below are legal benefits that an applicant will enjoy after receiving their copyright registration certificate:

• Exclusive Rights: Once the applicant receives their copyright registration certificate, they get exclusive rights over the reproduction, distribution translation, and adaptation of work
• Legal Action: If someone uses the copyrighted work without permission, the creator can file a lawsuit against the infringer. They can seek compensation as well as protection from the court.
• Evidence of Ownership: Once the applicant receives their registration certificate, they get strong legal proof of ownership in case of any dispute.
• Public Record: Once the work is copyrighted, it gets recorded in the official public record. This makes it easier for the third party to verify whether the work is copyrighted.

Economic Benefits:

After getting a work copyrighted, creators can enjoy a lot of economic benefits. A few of the economic benefits of having a copyrighted work are listed below:

• Monetization: Once the creator gets their work copyrighted, they get a license to sell or earn commercial benefits from their work.
• Royalties: The owner will get royalty when others use their work legally through agreements.
• Increased Value: When an owner gets their work copyrighted, they increase the market value of their creative work. It also helps in attracting investors and buyers.

Global Reach and Recognition

When a creator gets their work copyrighted in India, not only do they get protection in India but also gain recognition and security at the international level. Below are the benefits that the creator can enjoy:

• Protection at the global level: Any copyright registered in India, gets acknowledged globally under the international copyright treaties.
• Global Visibility: Once the creators copyright their work, their work gets more exposure. This in turn created opportunities for collaboration and commercial use globally.
• Consumer Protection: Copyright owners can list their works with Indian Customs to block the import of infringing copies.

Other Benefits

Except for legal protection and economic benefits, a copyright registration certificate has a lot of other benefits. A few of the benefits are listed below.

• Legal Compensation: When a creator has a copyright registration of their work, they can seek financial compensation in case of infringement
• Creative incentive: After copyrighting the work, the owner will get legal protection for the work. This motivates them to create more original work without worrying about misuse or infringement.
• Prevention of unauthorized usage: Once the work is copyrighted, it gets legal protection from illegal copying, reproduction, and distribution.

Validity of Copyright Registration certificate:

The validity of a copyright registration certificate depends on the type of work. Below is a detailed list of the validity periods of different types of work.

What Happens When Validity Expires?

After the validity of the copyright registration certificate expires, the work enters the public domain. Entering the public domain means, others can use the work. Below are a few points that will clarify the meaning of public domain:

• Free Use by the public: Once the validity expires others can reproduce, distribute, or modify their work according to their needs. In these cases, the third party does not need permission or pay any royalty.
• No Exclusive rights: Post expiry, the original creator or their legal heir does hold the exclusive right on the work.
• Commercial and Non-commercial use: After the validity expires, anybody can use the work for education or commercial purposes.
• No legal Protection against Infringement: Post expiry, the owner or their legal heir cannot take any legal action against the third-party.
• Available for adaptation and derivation: Once the validity expires, others can adapt and derive the work according to their requirement.

Conclusion

Copyright registration is essential to protect the creative work of a creator from misuse and unauthorized use. It gives legal security and economic benefits. Once a work is copyrighted, it gets recognized globally. Copyrighting ensures ownership rights and also helps that creator to monetize their work. With copyright creators can focus on creating new and unique things rather than focusing on legal issues.