Obtaining a Copyright in India

To obtain copyright registration in India, specific sections of the Copyright Act, 1957 are involved in the process. Here is a detailed overview of the sections relevant to the process of obtaining copyright:

1. Section 13 - Works in which Copyright Subsists

• Description:

• This section specifies the types of works eligible for copyright protection. It outlines that copyright protection extends to original literary, dramatic, musical, and artistic works, as well as cinematographic films and sound recordings.

• Relevance to Registration:

• Identifying whether your work falls under a category eligible for copyright is the first step in the registration process.

2. Section 45 - Registration of Copyright

• Description:

• Section 45 provides the legal basis for registering a work with the Copyright Office. It specifies that any person claiming to be the owner of a copyright or an exclusive licensee may apply for registration of the copyright in the prescribed manner.

• Key Points:

• Application Process: The application must be made in the prescribed form and should include the prescribed fee.

• Prescribed Form: Details the particulars of the work and ownership.

• Relevance to Registration:

• This section outlines the formal process to apply for copyright registration, making it the central provision for those seeking to register their copyright.

3. Section 46 - Entries in Register of Copyrights

• Description:

• This section deals with the maintenance of the Register of Copyrights, which records the particulars of registered works, including the names of authors and owners.

• Relevance to Registration:

• Once the copyright is registered, details of the work are entered into the Register of Copyrights, providing a public record of the registration.

4. Section 47 - Register of Copyrights to be Prima Facie Evidence of Particulars Entered Therein

• Description:

• Section 47 specifies that the entries in the Register of Copyrights serve as prima facie evidence in court or legal proceedings regarding the particulars of the registered copyright.

• Relevance to Registration:

• Registration creates a presumption of validity and ownership, which can be beneficial in legal disputes.

5. Section 48 - Register of Copyrights

• Description:

• This section mandates that the Register of Copyrights shall be maintained in the prescribed form, recording every registered work and any corrections or amendments.

• Relevance to Registration:

• Ensures that the registration details are officially recorded and accessible for verification.

6. Section 49 - Correction of Entries in the Register of Copyrights

• Description:

• Section 49 allows for the correction of entries in the Register of Copyrights to rectify errors or update information related to registered works.

• Relevance to Registration:

• Provides a mechanism to correct or update registration details if necessary, ensuring the accuracy of records.

7. Section 50 - Rectification of Register by Copyright Board

• Description:

• This section empowers the Copyright Board to rectify the Register of Copyrights in case of any dispute regarding entries or if an entry is found to be incorrect or fraudulent.

• Relevance to Registration:

• Offers a legal remedy for resolving disputes over entries, safeguarding the interests of legitimate copyright holders.

8. Section 52 - Certain Acts Not to Be Infringement of Copyright

• Description:

• Although not directly related to registration, this section lists exceptions and limitations where certain uses of copyrighted work do not constitute infringement, such as fair use for research or education.

• Relevance to Registration:

• Understanding these exceptions is crucial for copyright holders to know the extent and limitations of their rights post-registration.

9. Section 69 - Powers and Duties of Registrar of Copyrights

• Description:

• This section outlines the roles and responsibilities of the Registrar of Copyrights, including overseeing the registration process and maintaining the Register of Copyrights.

• Relevance to Registration:

• The Registrar is the authority responsible for processing copyright applications and ensuring compliance with the legal framework.

Copyright Rules, 2013 - Relevant Rules

In addition to the Copyright Act, the Copyright Rules, 2013 provide detailed procedures for the registration process. Some key rules include:

Rule 16 - Application for Registration of Copyright

• Description:

• Specifies the procedure for applying for copyright registration, including the form, fee, and required documents.

• Relevance:

• Provides practical guidance on how to submit the application and what information to include.

Rule 17 - Acknowledgement of Receipt

• Description:

• Details the acknowledgment process by the Copyright Office upon receiving a copyright application.

• Relevance:

• Ensures applicants receive confirmation of their application submission, including a Diary Number for tracking.

Rule 18 - Examination of Application

• Description:

• Outlines the examination process of applications by the Registrar to ensure compliance with legal requirements.

• Relevance:

• Explains the steps taken to verify the originality and eligibility of the work for copyright registration.

Rule 19 - Registration of Copyright and Entry in the Register of Copyrights

• Description:

• Describes the final steps of registration, where the work is entered into the Register of Copyrights and a Certificate of Registration is issued.

• Relevance:

• Marks the completion of the registration process, granting legal recognition to the copyright holder.

Steps to Obtain Copyright in India

Here’s a practical breakdown of the steps involved in obtaining copyright registration in India, incorporating the relevant sections and rules:

Step 1: Determine Eligibility

• Relevant Section: Section 13

• Action: Verify that your work falls under a category eligible for copyright protection.

Step 2: Prepare the Application

• Relevant Section: Section 45, Rule 16

• Action:

• Fill out the appropriate form (Form XIV, XV, or XVI) based on the type of work.

• Include details like the title, author, and a statement of originality.

• Attach required documents, such as:

• Three copies of the work (if applicable).

• No Objection Certificate (NOC) from the author (if applicable).

• Power of Attorney (if an agent files the application).

• Proof of ownership (contracts, agreements).

Step 3: Submit the Application

• Relevant Rule: Rule 17

• Action:

• Submit the application online through the Copyright Office of India website or in person.

• Pay the prescribed fee using online payment methods or demand draft.

Step 4: Acknowledge Receipt

• Relevant Rule: Rule 17

• Action:

• Receive an acknowledgment of receipt with a Diary Number to track your application status.

Step 5: Examination of Application

• Relevant Rule: Rule 18

• Action:

• The Registrar examines the application for completeness and compliance.

• Address any discrepancies or objections raised during this stage.

Step 6: Publication and Waiting Period

• Relevant Sections: Section 45, Rule 18

• Action:

• The application is published in the Copyright Journal, initiating a 30-day waiting period for public objections.

• If no objections are raised, the process moves forward; otherwise, a hearing may be scheduled.

Step 7: Registration and Certificate Issuance

• Relevant Sections: Section 46, Section 47, Rule 19

• Action:

• Upon approval, the work is registered, and details are entered into the Register of Copyrights.

• A Certificate of Registration is issued, serving as legal evidence of copyright ownership.

Conclusion

The sections of the Copyright Act, 1957, along with the Copyright Rules, 2013, create a comprehensive framework for obtaining copyright registration in India. These legal provisions ensure that creators can secure their intellectual property rights, thereby safeguarding their works against unauthorized use and infringement. Understanding these sections and rules is essential for successfully navigating the copyright registration process and obtaining the legal protection necessary for creative works.