Both published and unpublished works can be registered. Copyright in works published before 21st January, 1958, i.e., before the Copyright Act, 1957 came in force, can also be registered, provided the works still enjoy copyright. Three copies of published work may be sent along with the application.
If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. In case two copies of the manuscript are sent, one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for the record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office. When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form V with prescribed fee.
All kinds of literary and artistic works can be copyrighted; you can also file a copyright application for your website or other computer programs. Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes a computer programme, tables, and compilations, including computer databases. ‘Source Code’ has also to be supplied along with the application for registration of copyright for software products. Copyright protection prevents undue proliferation of private products or works and ensures the individual owner retains significant rights over his creation.
Copyright comes into existence as soon as work is created, but it is always advisable to get a copyright registration to protect one's original piece of creative work. The rights granted under copyright law are right of reproduction and communication to the public, translation, and adoption of work. Further, copyright includes both economic rights and the moral rights. As per the Indian Copyright Act, 1957, the term of copyright is 60 years in general, the term 60 years is calculated from the year following the death of an author of literary, dramatic, artistic, musical work. Also, it is calculated from the date of publication in cases of film cinematography, photographs, posthumous publications, sound recordings, works of government and works of international organizations, anonymous and pseudonymous publications.
Benefits of Copyright Registration
Branding or goodwill
Global protection against plagiarism ("wrongful appropriation" and "stealing and publication" of another author's "language, thoughts, ideas, or expressions")
Restricts unauthorized reproduction
Creation of intangible asset
Process of Copyright Registration
Documentation and Preparation
Filing of Copyright Application
Submission of physical document
Departmental objection handling
Documentation for Copyright Registration
Classification and description of work
No objection from the author of the work
Power of attorney for copyright filing
Process of copyright registration in India
Documentation and Preparation
With respect to the Copyright the first step is to prepare necessary documents for the purpose of filing it before the copyright department. These documents are copyright questionnaire, class and description of the work and NOC from the author of the copyright material
Copyright Application Filing
We file copyright application upon being authorized through a Power of Attorney issued in our name. The application is filed online through the portal of copyright attorney wherein the details of copyright and its description is filed in the appropriate form and is a fees is paid resulting in the issuance of acknowledgment.
Physical Document Submission
Within 30 days of filing the copyright application, two sets of the work is to be deposited in physical form at the Delhi office of the Copyright department, which issues a proper acknowledgment of the same.
If no objection is filed within the said period, the application is then formally examined and objections by the Examiner, if any are raised or any extra documents required are requested for. Response to the objection/examination report has to be filed within 30 days.
Departmental Objection Handling
The final stage is to reply and redress any departmental objection raised by the Copyright Department. If the department is satisfied then issued a certificate of registration of copyright which is valid for a period of 60 years.
A Copyright registration certificate is issued by the Copyright Office after the objections, if any, are overcome to the satisfaction of the Copyright Office.
Flow diagram for Registration of Trademark