Legal notes to copyright registration in India

copyright registration in India, copyright in India, India copyright registration, India copyright, file copyright in India, copyright registration, copyright, documents for copyright registration, IP Office, Copyright Law, procedure for copyright registration, copyright application,

Copyright registration in India. India, officially the Republic of India, is a country in South Asia. It is the second-most populous country, the seventh-largest country by land area, and the most populous democracy in the world. India has become a fast-growing major economy and a hub for information technology services, with an expanding middle class. Indian movies, music, and spiritual teachings play an increasing role in global culture. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of copyright registration in India.

Copyright in India

Unlike other intellectual property rights such as trademarks, patents, industrial designs, plant varieties, etc., copyright does not need to be registered for protection but will be automatically protected from the time the works are created.

The creation must be visible in a certain material form, like content, quality, form, medium, language, published or unpublished, registered or unregistered.

Accordingly, whether registered or not, the copyright to the work will still be protected. However, the creator should still apply for copyright registration early because early registration will give the author/owner of the work many advantages in the event of a dispute.

When unauthorized use of work occurs around the world, the owner of a work who has registered copyright in advance will not have to waste time and complicate matters with proving himself/herself to be the legitimate owner of the work.

Thereby, in order to avoid passivity, the owner of the work should make a copyright registration to protect their rights and interests when there is an infringement.

Copyright registration in India

India is a member country of The Berne Convention for Copyright since 1928.

The Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) is an international agreement governing copyright. The agreement was first accepted in Berne, Switzerland, in 1886.

As India is a contracting party of the Berne Convention, any work originating in India will be given copyright protection in each of the Berne Convention member countries.

In most countries, copyright protection is automatic as soon as the work existed in material form. However, the copyright registration in India is critical in order for the copyright owner to obtain evidence of copyright.

Evidence of copyright is extremely important even when the works are automatically protected according to copyright law.

When registering, the work will get an application submission date, as well as information about the creation and proof of creative concept and development. This provides unambiguous proof of authorship and ownership that can’t be denied.

Proof of copyright is essential in an age when the publishing, dissemination, and theft of material is extremely easy with the exposure of the Internet.

If copyright registration is not made, copyright owners will lose a big amount of money as well as time attempting to fight copyright issues and prove ownership of the original work.

If the copyright owner has already registered for copyright protection to the IP office, they would have a strong legal foundation which would increase their chance of winning against the violating parties.

Documents for copyright registration in India

To obtain copyright registration in India, the author of the work needs to prepare the following documents:

  • Declaration of copyright registration in India;
  • Two copies of copyrighted work;
  • Documents proving the right to apply;
  • Written consent of co-authors, if the work has co-authors;
  • Written consent of the co-owners, if the copyright is jointly owned;
  • Notarized identity card of the author or owner of the work;
  • Power of Attorney, if the applicant is an authorized person;
  • Notarized copy of the company’s business registration certificate (if the owner is a company).

The copyright law of India

The Copyright Act, 1957 (Act) along with Copyright Rules, govern the laws related to copyright protection in India.

In terms of the enforcement of copyright infringement, the agency responsible for that duty was Copyright Board, then the Intellectual Property Appellate Board (IPAB) in 2017, and then the Commercial Courts (a division of High Courts) in 2021.

The latest amendment to the copyright law of India was the Copyright (Amendment) Rules, 2021.

You can see a list of India IP firms here.

 

Leave a Reply

Your email address will not be published. Required fields are marked *