Law Firm in India

Copyright Registration

The copyright law in India is governed by the Copyright Act, 1957 (as amended by the Copyright Amendment Act 2012).

The copyright law in India is governed by the Copyright Act, 1957 (as amended by the Copyright Amendment Act 2012). Copyright is a bunch of rights in certain creative works such as novels, paintings, music, computer programs, sound recordings and cinematograph films.

To be copyrightable, the work must be more than an idea; it must be fixed in a "tangible form of expression." This means that the work must be written or recorded.
Copyright owners have the exclusive rights to do or authorize the doing of any of the following in respect of a work:

  • To reproduce the work,
  • To distribute copies of the work,
  • To perform or show the work to the public
  • To make any translation or adaptation of the work

Copyright owners can prevent others from reproducing or communicating their work without their permission or may sell these rights to someone else.

Acquisition of copyright is automatic and does not require any formality. However, the certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law regarding disputes relating to ownership of copyright.

Procedure for Grant of Copyright:

  • An application with complete details, copies of the work along the requisite fee is filed before the Copyright office.
  • Thereafter, a diary number is issued to the applicant.
  • The author or the rightful owner has to wait for a mandatory period of 30 days for any objection that may be filed in the Copyright office against the concerned work.
  • If any objection is filed, the Registrar of copyrights decides whether the work can be registered or not after giving both parties an opportunity to put forth their case.
  • If no objection is filed within the said period, the application is then formally examined by the Examiner. In case of any objection by the Examiner or in case any extra documents are required, a response to the objections has to be filed within 30 days.
  • When the objections, if any, are properly removed, a copyright registration certificate is issued by the Copyright office.

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