COPYRIGHT REGISTRATION IN INDIA
How to get Copyright registered in India?
Filing requirements of Copyright Application:
i. Four copies of the artistic work.
ii. Name, address and nationality of the applicant.
iii. Nature of the applicant’s interest in the work
iv. Title of the work.
v. Name, address and nationality of the author and if the author is deceased, the date of his death.
vi. Year and country of first publication and name, address and nationality of the publisher.
vii Year and countries of subsequent publications, if any, and names, address and nationalities of the publishers.
viii Names, addresses and nationalities of the owners of the
various rights comprising the copyright in the work and the extent of rights
held by each, together
with particulars of assignments and licenses, if any.
ix Names, addresses and nationalities of other person, if any, authorized to assign or license the rights comprising the copyright.
x. No -objection certificate from the Trade Marks Registry
xi. Power of attorney on Indian Stamp Paper.
Procedure for Grant of Copyright in India
Filing: Upon filing an application for copyright with complete details and copies, 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 claim that the concerned work is created by the applicant. If any objection is filed, it may take another one month’s time to decide as to whether the work could be registered by the Registrar of Copyrights after giving an opportunity of hearing the matter from both the parties.
Examination: If no objection is filed within the said period, the application is then formally examined and objections by the Examiner, if any, are raised, or any extra documents required are requested for. Response to the objections/examination report has to be filed within 30 days.
Registration: A Copyright registration certificate is issued by the Copyright Office after the objections, if any, are overcome to the satisfaction of the Copyright Office.
Term of Protection of Copyright in India
The term of protection granted for works of copyright varies depending on the type of work sought to be protected. Literary or musical or artistic works (other than photographs), are granted copyright protection for a period which extends through the lifetime of the author and 60 years from the year in which the author dies. However, if the work has not been published, performed, or offered for sale or broadcast during the lifetime of the author, the copyright protection shall continue for a period of 60 years from the end of the year in which any of these acts are done relating to the work.
Cinematograph films, photographs and computer programs are protected for 60 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or published work, or, failing such an event, for 60 years from the end of the year in which the work is made. Sound recordings are protected for 60 years from the end of the year in which the recording is first published.
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