Copyright is a right given by the law to creators of musical, artistic, literary and dramatic works and producers of cinematographic films and sound recordings. Copyright protects the expressions and not the ideas. So there is no copyright registration for an idea but you can patent it.
Copyright is the reward for creativity, just like a common man who wants to protect his property, a creator wants to protect his creative work.
The Copyright act was evolved in way back in 18th century in the world. From then different changes have been made to it. Lot of creative work has been added to its radar. For example Computer programs are also eligible for copyrights.
In India Copyright is governed by copyright Act, 1957.Lots been changes to this act to make it at par with international laws.
Copyright is bundle of rights given to the owner for his creative work. The rights given for different creative works are listed Section 14 of Copyright Act, 1957. I have summarized the same for your understanding.
literary, dramatic or musical work
- Issuing copies
- Communicating to public
- Making films or sound recording of work
- Translation or adaption of that work
- To do any of the act list above for literary, dramatic or musical work.
- To sell or given on rental
The rights of artistic work are more or less same as rights given to literary, dramatic or musical work, which are listed above.
- Making a copy
- Selling or hiring
- Communicating to public
- make any other sound recoding out of it
- selling or hiring
- Communicating to public
Period of Copyright
The time line of copyright means the time period for which copyright can be done. The time period as given below according to type of work.
Literary, dramatic, musical or artistic works
Copy right protect for life time of the author plus 60 years after death.
Copyright of posthumous, anonymous and pseudonymous works, photographs, cinematograph films, sound recordings, works of Government, public undertaking and international organizations
Copyright can be done for 60 years from the beginning of the calendar year next following the year in which the work has been first published
25 years from the beginning of the calendar year next following the year in which the broadcast is made.
Any performer appears or engages in any performance
Copyright Registration Procedure
Chapter X of the copyright Act, 1957 deals with the registration of copyright. The provisions clearly states that the registration of work under copyright is not compulsory and it is not a condition to file suit for damages, if somebody infringes copyright.
Even if registration is not pre-condition for filing suit, still it is very useful to register your work in the register of copyright maintained by copyright officer. The procedure for copyright registration is mentioned below:
- Application for registration is to be made on Form IV (Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules. The office is located at 4th floor, Jeevan Deep Building, New Delhi -110001. The application can be sent directly by post or can be filled at counter from 2.30 pm to 4.30 pm Monday to Friday. You can also apply online.
- Separate applications should be made for registration of each work;
- Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules ; and The fee is either in the form of Demand Draft,Indian Postal Order favoring “Registrar Of Copyright Payable At New Delhi” or through E payment.
Fee for Copyright
|S.No.||For an application for COMPULSORY LICENSE :||Fee|
|1||For a license to republish a Literary, Dramatic, Musical or Artistic work (Sections 31, 31A,31B* and 32A)||Rs. 5,000/- per work|
|2||For a license to communicate an any work to the public by Broadcast(Section 31(1)(b))||Rs. 40,000/- per applicant/per sataton|
|3||For license to republish a Cinematograph Film (Section 31)||Rs. 15,000/- per work|
|4||For a license to republish a sound recording (Section 31)||Rs. 10,000/- per work|
|5||For a license to perform any work in public (Section 31)||Rs. 5,000/- per work|
|6||For a license to publish or communicate to the public the work or translation (Section 31A)||Rs. 5,000/- per work|
|7||For a license to publish any work in any format useful for person with disability (Section 31 B)||Rs. 2,000/- per work|
|8||For an application for a license to produce and publish a translation of a Literary or Dramatic work in any Language (Section 32 & 32-A )||Rs. 5,000/- per work|
|9||For an application for registration or copyright in a:|
|(a)Literary, Dramatic, Musical or Artistic work||Rs. 500/- per work|
|(b)Provided that in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods (Section 45)||Rs. 2,000/- per work|
|10||For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a:|
|(a)Literary, Dramatic, Musical or Artistic work||Rs. 200/- per work|
|(b)Provided that in respect of a literary or Artistic work which is used or is capable of being used in relation to any goods (Section 45)||Rs. 1,000/- per work|
|11||For an application for registration of Copyright in a Cinematograph Film (Section 45)||Rs. 5,000/- per work|
|12||For an application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45)||Rs. 2,000/- per work|
|13||For an application for registration of copyright in a Sound Recording (Section 45)||Rs. 2,000/- per work|
|14||For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45)||Rs. 1,000/- per work|
|15||For taking extracts from the indexes (Section 47)||Rs. 500/- per work|
|16||For taking extracts from the Register of Copyrights (Section 47).||Rs. 500/- per work|
|17||For a certified copy of an extract from the Register of Copyrights of the indexes (Section 47)||Rs. 500/- per copy|
|18||For a certified copy of any other public document in the custody of the Register of Copyright or Secretary of the Copyright Board||Rs. 500/- per Copy|
|19||For an application for prevention of importation of infringing copies (Section 53) per place of entry||Rs. 1,200/- per work|
- The applications should be signed by the applicant or the advocate in whose favor a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.
- Each point of “statement of particulars” and “statement of further particulars” should be specifically addressed.
- Three copies of the published work may be sent along the application. If the work is unpublished, then a extract of manuscript of the work has to be sent along with the application which will be returned after affixing the stamp.
Chapter XIII of the copyright Rules 2013 provides for procedure of copyrights. The same is given below for your reference.
Copyright of computer software or programme
Do you know that computer software and programme can be registered as literary work. To register them, source code also needs to be provided at the time of registration.
Copyright of website
A website is bundle of work. It contains literary, artistic, video, photography, software, recordings work. Separate application need to be filed for each work. You cannot file single application for whole website
Time taken for Registration of copyright.
30 days is the minimum time period you need to wait after making the application. If within these 30 days somebody else makes an claim for copyright, then the registrar given opportunity of heard to both parties.
If no claim is made, then application goes under examination. If any discrepancy is found, the same is communication to the applicant and 30 days time is given to remove that. So in total it takes 2 to 3 months to get your copyright registered.
Online application for Copyright Registration
List of documents required for copyright registration.
You can also check the status of your copyright application
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