Copyright in IndiaRegister your copyright online Copyright your Book, Song, Video, Software, Film script, Designs, lyrics
We have accomplished over 162,476 Copyright Registration In India as of 2018
Updated and Published on 19 June, 2018
How to Copyright in India, Procedure to apply for copyright, Online Copyright Registration, Copyright laws, Copyright RightsCopyright Registration is necessary to protect the creators, creative work such as music, books, manuscripts, software's, films, fashion designs, website etc from being copied and used for commercial purposes without the creators permission thus causing tremendous loss to the creator. Copyrights operates against unauthorized copying, the taking of another's creation, without paying for it.
Copyright is essentially a creation of statute, the copyright act makes it clear that no person shall be entitled to Copyright or any similar rights, in any work whether published or unpublished, otherwise than in accordance with the provisions of the Act.
Copyright Registration of Creative work Protects your Creativity from being Stolen or Duplicated, and gives you a Confirmed Legal Right over your creation.
Copyright Registration gives your Creative work a legal Status, thereby making it an Intellectual property, giving you exclusive legal right over your creation.
Copyright Registration guarantees Speedy Justice
Copyright Registration is necessary to Obtain legal Right Over your Creative Work. Legal Right is a Fullproof stamp of ownership of your Creative Work, Which Non can take away from you. that is primarily The biggest reason why One should Register their Copyright immediately on Completion of one's creative work.
List of Creative Work Protected by the Copyright law in India1. Literary work Which includes computer program and computer databases apart from book.
2. Sound recording or audio recorded files which could include songs, dialogues recorded etc
3. Cinematograph film includes films, videos, cartoon films. It is advisable to include creative rights in the various agreements between parties in the initial stage itself.
4. Artistic work including a painting, a sculpture, a drawing such as a map, chart or diagram, an engraving, a photograph, architecture/ artistic craftsmanship and dramatic work.
5. Musical work meaning staff notations and written music.
What is the purpose of Copyright Registrar
Copyright Registrar primarily serves as an office of record, a place where claims to copyright are registered and documents related to copyright are recorded. the purpose is to furnish information about the provisions of the copyright law and the procedures for making registration, to explain the operations and practices of the Copyright Office, and to report on facts found in the public records of the Office.
1,96,352 Copyright Registered in India as of 30/5/2018
File Your Copyright - Right Now!
Call us at: 9891244487 / or email at: firstname.lastname@example.org
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Why Choose Legal service India To Prepare and File Your Indian Copyright Office Application?
Legal service India was designed by copyright attorneys to offer creative people complete yet affordable copyright protection services - right from the comfort of your home saving you unnecessary time, energy and thousands of rupees in legal fees.
Legal service India professionally drafts and prepares the correct Indian Copyright Office form and provides a money-back guarantee that your copyright will be accepted by the Registrar of Copyright Office..
Legal service India specializes in copyrighting:
Books / e-books / manuscripts, Song lyrics / written music, Recorded music / songs, Poetry, Screenplays / stage plays, Short stories, Websites / software, Video / films, Photography
WE also do Copyright Hearing in case of Discrepancy Clearance, all we require is a power of attorney from you and the reasons for denial copyright registration, we will ensure that your copyright is approved, by our arguments support by case laws and copyright research which we will conduct on your matter.
Copyright office in India is issuing diary no without being in actual possession of the creative work, thereby stating that your legal right will begin only after you get the certificate and not the diary no.
Supreme court Guidelines on Sound Recording and CinematographyIn case you want to copyright a Video, Film or an Audio Recording track i.e song, we request you to have an agreement with all the people involved in the making of it to give an NOC in the very beginning before you avail their services, that they will not have any Objection to you copyrighting the creative work in your favour. This has become imperative now after the latest Supreme court Guidelines on Sound Recording and Cinematography Copyright Registration. Most of the filmmakers in India are facing an uphill task in getting their film copyrighted due to this latest inclusion, kindly ensure that you do not fall in this trap. If you do not have any idea on this how to execute it do let us know we can do it for you at a minimal fee.
** Copyright Registration Under the Copyright Act of 1957 serves as a prime facie evidence in all courts in India, without further proof or production of the original.
* Good news for all waiting for their copyright certificate, the copyright office has now expedited their services hence now Copyright certificate is issued within 6 months
Choreography can also be copyrighted when reduced to writing as a Dramatic work, in the following way: 1) shorthand notation of Benesh 2) the longer more academic and elaborate Laban system and 3) Choreographer's own invented system.
Click here to see a Copyright Certificate / Click here to see the entire Copyright Registration Process
File Your Copyright - Right Now!Call us at: 9891244487 / or email at: email@example.com
What Copyright Protection Do I Get Under The Copyright Laws?Registering your work with the Registrar of Copyright Office is basically a copyright protection insurance policy. Copyright protection arises automatically the moment the author fixes the work in a tangible form (i.e. when a writer writes her story), without the author having to do anything.
So why register for copyright protection if you’re work is automatically protected?
Here are four important reasons why filing for copyright protection with the Registrar of Copyright Office is important:
Copyright registration establishes a public record of your copyright and puts everyone in the world on notice that you have sought and claim copyright protection under the Copyright laws.
You cannot sue anyone for copyright infringement until you have filed for copyright protection with the Registrar of Copyright Office
No award for statutory damages or attorneys fees will be made for any infringement of a copyright in an unpublished work which occurs prior to the submission of the copyright registration documents. The same holds true for published works, unless the copyright registration is made within three months after the first publication.
If the registration of your work is done within five years from its creation, it is considered prima facie evidence in court. Prima facie evidence means that if you ever went to court, proof of the copyright registration with the Registrar of Copyright Office would be sufficient evidence of your ownership of the copyrighted material.
The only way for another party to win would be for them to present evidence showing:
that they had a pre-existing copyright claim to the work.
that you permitted them to use your work.
that you didn't actually create the work.
that you stole it from them.
If you are serious about protecting your work, obtaining copyright protection under the copyright laws is a smart and necessary step to take.
Copyright guarantees protection from Government of India to your priceless creative work.
Is a copyright in India recognized worldwide?
Copyright in India is recognized virtually worldwide under the Berne Convention and the applicable law of its member nations.
Click on the link Berne Convention to see the list of countries where your copyright stands valid when registered in India
Also check Copyright Registration procedure in India and Copyright law in India
Note* Copyright Certificate issued by Government of India
Click here to see a Copyright Certificate
Documents required for copyright registration in India:Since Copyright Registration primary duty is to serve as a guarantor of your Creative ownership, thus the requirement is your creative work and certain papers requiring your signature, as we as Notary declaration in case of Sound Recording and cinematography, thats all.
Effect of registration:The intention behind the enactment of the section was not to make registration compulsory or mandatory for the purpose of enforcement of copyright. It provided an option. It was, therefore, not obligatory for an author to get the copyright registered under Section 44 for the purpose of acquiring rights conferred by it. The registration Establishes that the person shown is the actual author of the creative work. The presumption is not conclusive but where contrary evidence is not forthcoming, it is not necessary to render further proof to show that the copyright vested in the person mentioned in the register. Section 48 of the Copyright Act provides that the registration of copyright shall be prima facie evidence of the particulars entered therein.
Documents purporting to be copies of the register certified by the Registrar of copyright and sealed with the seal of the copyright office shall be admissible in evidence in all courts without further proof or production of the original. If the Legislature intended to make the requirement of registration mandatory, the
Language of Section 44 would have been different. There is no provision in the Act depriving an author of the rights conferred by this Act on account of non-registration of the copyright.
The only effect of registration is what is stated in Section 48, namely, that it shall be prima facie evidence of the particulars entered in the register. There is no indication in any of the provisions of the Act, read individually or as a whole, to suggest that registration is a condition precedent to subsistence of copyright or acquisition or ownership thereof or reliefs for infringement of copyright.
The certificate of registration under the copyright Act will only prima facie show that the particulars mentioned therein are entered in the copyright register. The mere fact that something is entered in the copyright register, does not, as a matter of law, establish that what is registered is in fact and in law copyrightable subject-matter. This is so because the sine quda non to the existence of copyright, is the expenditure of skill and labour on any work which originated from its author and unless the original work on which skill and Iabour has been expended by its author is produced in court to prima facie show that the work has originated from the author, it cannot be said that there is copyright in the work.
Registration of copyright does not confer any rights copyright exists whether registration is done or not and the registration is merely a piece of evidence as to when a certain author started claiming copyright in the artistic or other work. The definition of the word "author" and Section 17 lay emphasis on the fact that copyright vest in that person who is the original creator of this work. where it is not possible to be definite as to who was the original creator, the person who got registration earlier is presumed to be the author or original creator of the artistic work.
* After the recent Supreme Court Judgment every sound recording and Cinematography category Copyright Registration are receiving objection letters from the copyright office, Please do not panic simply email us the scan copy of the letter, we will clear the objection.
# Copyright Office and Registrar of Copyright:
To administer certain provisions of the Copyright Act an office called the Copyright Office has been created. The Copyright Office will have a seal of its own. This office will be under the immediate control of the Registrar of Copyright who will act under the superintendence and direction of the Central Government.
# Scenes affaire in India: One of the things that has been occurring in copyright law is a slow shift from being a common law subject to a statutory one. There has always been a federal Copyright Act, of course, but until recently, courts took it as an invitation to fill in the gaps rather than an unyielding constraint on their actions.
# Copyright protection in literary work, Book, scripts, screenplay, novels, lyrics: A detailed explanation is given here on what exactly is protected by law in case of literary works.
# Infringement of Copyright:
Section 51: Copyright in a work is deemed to be infringed- when any person without a license from the owner of the copyright, or the Registrar of Copyright, or in contravention of the conditions of a licence granted or any conditions imposed by a competent authority under the Act.
# Music copyright and Composers Rights as par Copyright act of India
* The Ministry of Human Resource and Development in India has increased the Fees in all category up to 10 times and in case of Cinematography the increase has been 40 times more, the fee effective from 15th march 2013
Copyright literary means a legal Right bestowed upon the creator of a creative work, exclusive rights to his creation, for a limited time i.e 60 years in case of Software, films, Songs etc. and a lifetime plus 60 years after the creators death in case of literary work.
Additional Rules to Follow for Copyright Registration of an audio song and Video file:
It is mandatory to get No Objection Certificate from each and every person involved in the making of the video or audio song, if even one person involved in the creation of the song or film refuses to give NOC than the Copyright office will disregard your Copyright application and dump it as OBJECTION.
How to Display a Copyright Notice:
Copyright Notice in India does not have any strict or standard rule, However the general rule in which it is most commonly used is in this manner:
© Traditions and Modernity in Khasi Society, 2013-2014
However these days even the Diary now is also mentioned to clearly state that a particular book is registered by Ministry of human Resources. Govt of India
example: © Traditions and modernity in Khasi Society,2000-2001, Diary no: xxxx/xxxx-CoL (this option is preferred as this clearly shuns away copyright violation)
Most publications, also to the notice the following:
No part of this publication may be reproduced or stored in a retrieval system in any form or by any means without the prior written permission of the copyright owner.
Copyright Registration Gives the copyright holder the following Rights:
1) The Right to Copy or reproduce The Creative work.
2) The right to be credited for the Creative work.
3) Also the Right to determine who may adapt the work to other forms. i.e a book to a film
4) The right to decide who may perform the work
5) And Most importantly who may financially benefit from it.
How to copyright a website in India?Answer: Only the content of a Website can be copyrighted, Since your Host is your witness in Court.
How to copyright a song in India?Answer: A Song contains a bundle of additional copyrights involved i.e song has musicians, lyricist, Singer, Sound recorder, Composer and producer, in most cases each aspect is done by various individuals, it is their sum total contribution, that leads to the creation of an audio recorded Song, hence to register such a creative work, NOC from each has to be obtained, only than can a Song be copyrighted, If even a single one of those involved rejects to give NOC copyright registration for a song will fail.
Application for Registration of Copyright Form has changed from Form IV (see rule 16) to Form XIV (see rule 70)
# Copyright Protection on Reports of Judicial Proceedings such as Head Notes and Commentaries of an Act
# Copyright Protection on historical book, facts - Lecture - Letters
# To learn more about copyright laws here are a list of articles:
# Copyright Amendment Bill 2012: Copyright Act 2012
1) Provisions for Persons with Disabilities 2) Extension of Fair Dealing to All Works 3) Term of Copyright for Photographs has increased 4) Cover Versions songs
# The Copyright Act (Amendment) Bill, 2012 - artistes entitled to lifelong royalty
# Intellectual Property and Traditional knowledge
# Registration and filing of Copyrights in India:
Copyright, is a bundle of rights, which grants protection to the unique expression of ideas. Ideas per se cannot be protected; it is the expression of ideas in a material medium that is the subject matter of copyright protection. Copyright is a negative right and the owner of a copyright gets the right to prevent others from copying his work without his consent towards a commercial end. However, at the same time it gives to the author an exclusive right for the commercial exploitation of his work...
# The Rights protected by Copyright Law: Copyright law seeks to promote human creativity and confers several rights on the copyright owner. International agreements, among which the most important is the Berne Convention, 1886....
# Copyright Law in India: Copyright is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine readable medium), dramatic, musical and artistic works, cinematographic films and sound recordings, fees for copyright registration in India.
# Copyright Infringement through internet
Internet has become a breeding ground for violation of copyright. This mass misuse require more stringent laws
# Here is a list of Important Copyright Judgments in India
# Copyrighting Photograph has become very complicated now NOC from the photographed person is also required.
# Challenges of Copyright And Cyber Space: The main focus of this paper is to enlighten not only the academicians but also the non tech savvy laymen to have first-hand information about the internet, cyberspace and their linkage with Intellectual Property Rights especially copyright.
# For Copyright Discrepancy and Objection Clearance:If you have applied for Copyright from some other source and have received Discrepancy / Objection, you can contact us for its clearance simply call us or email us for the matter we will do it for you.
# About Performer's Rights: Any person hearing it could by taking down the lecture or story in shorthand reduces it to material form. Similarly the music could be recorded in a tape. Those who thus first reduce the performance to a material form become the copyright owners of the lecture, story or dramatic performance or music as the case may be. This situation has been changed under the Copyright (Amendment) Act 1994. Certain special rights called Performer's Rights have been conferred upon any performer of his performance. Performer includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance, s. 2(qq). For details see Chapter 12.
Performance in relation to a performer's right means any visual or acoustic presentation made live by one or more performers, s. 2(q).
Highest no of copyright registered between 2016-17, mentioned below the 5 top cities these are numbers we at legal service India have registered based on our static's:
1. Mumbai - Most creative city in India as per copyright registration in the year 2016, jumped up from third place in the previous year
2. Hyderabad - Second Most creative city in India as per copyright registration, was in the no 1 position last year.
3. Chennai- In the Third position up by one position since last year
4. Bangalore - Now to fourth position
5. Kolkata - was first on 2011 maintains its fifth position.
6. Kerala - Best position was first place in 2013
# The astronomical figure of One lakh copyrights registration has been achieved by legal Service India, Thank you for your continued support and trust in us
We GUARANTEE that your copyright application will be accepted
by the Registrar Copyright Office or we refund 100% of your money.
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