Copyright for Intellectual Property

  • Application for Copyright registration
  • Further communication of notice issued by the IP office
Copyright
  • 3 copies of the work if published
  • 2 copies of work if unpublished
  • Power of attorney if applied by an attorney
  • Authorisation/contract – if applied by any other person than the author/creator
  • NOC from the publisher if the publisher is not the applicant
  • Applicant
    • Name
    • Nationality
    • Address proof
    • ID proof
    • Contact details – Number. Email ID
  • Author / creator
    • Name
    • Address proof
    • Nationality
    • Death certificate with date of death – If deceased
  • Work
    • Title
    • Class and description
    • Language
    • Date and address of first and subsequent publications – if already published
  • NOC from the person whose picture is appearing in copyright.
  • Source code and object code in case of software.
  • NOC from trademark office – if work will be used on the product.
  • An additional document is required on the type of copyright.

About Copyright for Intellectual Property

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Frequently Asked Questions about Copyright for Intellectual Property

Q1. What is Copyright registration?

Copyright is a right given by any regulatory authority (Indian patent office) to be protected for the original work of authorship. It means the regulatory framework recognizes that you have proprietary rights to particular art, text, music, software or literature.

Q2. What is the meaning of proprietary rights in the case of copyright?
  • Proprietary rights mean you are the owner of the music/art/text/ software/drama or literature.
  • You can copy, sell, rent, print or perform music, art, software or literature.
  • No one else can use your copyright without your approval and if someone does, you can take legal action against them.
Q3. Who can have the copyright registered?

Copyright can be registered by:

  • Original creator
  • Work made for hire – work was created during the scope of employment.
  • A person or organisation, who had the right of ownership by way of a written contract.
  • No age restriction for having copyright registration even minors can have the copyright registered.
  • 2 or more people who are co-owner, can have the copyright registered.
Q4. Is having copyright mandatory to protect your work?
  • Once you create any unique art/literature, you automatically have copyright for the same.
  • But the problem arises to prove the same.
  • If someone copies your work and you have not registered copyright then you have to prove in the court that you are the creator and another person has copied the same.
  • But if you have registered copyright that you will have an advantage in court.
  • It becomes easy to renting selling or give part of the rights to another person if you have the copyright registered.
Q5. What can be registered for copyright?

The basic criteria for copyright are creativity. The following are types of work which can be registered as copyright.

  • Software
  • Literature
  • Music – Audio / song / tune
  • Drama
  • Artistic work like painting
  • Cinematography films – Video / recordings
  • Fashion design
  • Logo
Q6. What can not be protected from copyright?
  • Name/slogan – It is protected by trademark
  • Method/technique/process – It is protected by patent
  • Idea
  • Concept
Q7. What is the process of copyright registration?

Following is the process of copyright registration:-

  • Application Applicant/attorney file an application with all documents to the IP office with required government fees which can go up to 40,000/-. A diary number is issued in case of a successful application.
  • Examination After the diary number is issued within 30 days examiner from the IP office will review the copyright and raise any objection if any arises.
  • Discrepancy by the examiner – After receiving the notice applicant/attorney will reply to the objection with the relevant documents. Examiner can further call for a hearing and if he is satisfied then he will move forward with the application.
  • Objection by the third party – In case any objection is raised by a third party then the officer will send notice to both parties for a hearing. During the hearing, if the officer is satisfied then the application moves forward and if not satisfied then the application may get rejected.
  • Registration – If all discrepancies are removed and satisfied then the copyright gets registered in the Register of Copyright and a certificate of registration is issued to the applicant.
Q8. How long does it take to get copyright registered?

Getting copyright registered is a lengthy process. Generally, it takes up to 12 months to get a copyright registered. It can take longer if there is any objection from any other person regarding copyright.

Q9. For how long is copyright effective?

Once granted Copyright is valid for 60 years in India.

Q10. What if someone else uses your copyright property without your prior permission?

The following is the penalty for using copyright material without permission:

  • Imprisonment for a minimum of 6 months.
  • The penalty of a minimum of 50 thousand.
  • All material related to copyright will be seized and treated as per court discretion.
Q11. Can copyright work be used without permission and where?

There are some cases where copyright work can be used without permission which are below:-

  • For Research
  • For Private study
  • For Review or criticism
  • For Judicial proceeding
  • For the performance of an immature club or society in front of the non-paying guests.
Q12. Where is copyright registration made in India valid?
  • Every country which is a signatory of Bern Contention has to recognise copyright registration in a signatory country.
  • Currently, there are 179 Countries which are signatories of the Bern Convention.
  • India is also a signatory of the Bern Convention.
  • So Copyright registered in India is valid for 179 countries.

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