Copyright, one of the form of intellectual property law, offers exclusive rights for protecting the authorship of original & creative work like dramatic, musical and literary in nature. “Copyright in India” is recognized virtually worldwide under the “Berne Convention” and the applicable law of its member nations. If total compliance is followed the “certificate of copyright” is a future safeguard for the creative minds to preserve their creativity and reap exclusive monetary benefits from it as well.
Copyright covers the following:
Literary works such as books, literature, technical drawings, computer programs, computer databases
Musical works or Audio visual work
Artistic works including logos, photographs, and pictures
Benefits of copyright protection in Brief:
Copyright encourages enterprise and creates a favorable climate to stimulate economic activity. Some of the benefits are:
* Your work cannot be copied by any other business firm;
* The copyright registration certificate is valid for the lifetime of the owner plus sixty years;
* Infringement of the copyright is a cognizable offence and a police complaint can be filed to stop it;
* Upon infringement, civil suit can be filed at the place where the owner of the Copyright is situated;
* Your work can be reproduced in any material form including the storing of it in any medium including electronic means;
* To perform the work in public, or communicate it to the public;
* To make any cinematograph film or sound recording in respect of the work. This is with respect to the adaptation of your work;
* To make any translation of the work;
* In case of computer programme the rights also includes to sell or give on hire, any copy of the computer programme.
Procedure for registration of copyright:
Copyright comes into effect as soon as the work is done and no formalities are required to be followed. But in order to obtain “Certificate of copyright”, the copyright registration procedure needs to be followed as mentioned on the official website of copyright office. After scrutiny of the application and payment of the appropriate fees, certificate of copyright is granted by the copyright authority.
Prescribed fees for copyright:
Each application in Form IV should be accompanied by the requisite fee prescribed in the second schedule to the Rules. Fee ranges from 500 INR to 5,000 INR, depending on the form of work. The fee can either be in the form of Demand Draft or Indian Postal Order favouring “Registrar of Copyright Payable at New Delhi” or through E-payment. The fees particulars can be understood as follows:
1. Copyright Fees for Literary, Dramatic, Musical or Artistic Work: The amount of INR 500 per work has to be accompanied with the application form, in order to apply for registration of Literary, Dramatic, musical or artistic work.
Dramatic work includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a cinematograph film; (Reference Section 2(h) of Indian Copyright Act, 1957)
Literary work includes computer programmes, tables and compilations including computer 35A “literary data bases;(Reference Section 2(o) of Indian Copyright Act, 1957)
Musical work means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music; (Reference Section 2(p) of Indian Copyright Act, 1957)
Artistic work means-
a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality;
work of architecture;7 and
any other work of artistic craftsmanship; (Reference Section 2(c) of Indian Copyright Act, 1957)
2. Copyright Fess for Literary or Artistic work in relation of goods: In respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods (Section 45), the Copyright Application fees is INR 2000 per work.
In respect of an artistic work which is used or is capable of being used in relation to any goods, the application shall include a statement to that effect and shall be accompanied by a certificate from the Registrar of Trade Marks referred to in section 4 of the Trade and Merchandise Marks Act, 1958, to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that Act in the name of, or that no application has been made under that Act for such registration by, any person other than the applicant; (Reference Section 45 of Indian Copyright Act, 1957)
3. Copyright Fees for Cinematograph Film: For an application for registration of Copyright in a Cinematograph Film (Section 45) the requisite application fees along with the application form is INR 5,000 per work.
Cinematograph film means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and “cinematograph” shall be construed as including any work produced by any process analogous to cinematography including video films; (Reference Section 2(f) of Indian Copyright Act, 1957)
4. Copyright Fees for Sound Recording: For an application for registration of Copyright for a Sound recording (Section 45) the fees to be submitted along with the form and supporting documents is INR 2000 per work.
Sound recording means a recording of sounds from which such sounds may be produced regardless of the medium on which such recording is made or method by which the sounds are produced;(Reference Section 2(xx) of Indian Copyright Act, 1957)
5. Copyright Fees for Change in particulars: For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a:
Literary, Dramatic, Musical or Artistic work as defined above the fees to be submitted along with the supporting documents is INR 200 per work.
Literary or Artistic work which is used or is capable of being used in relation to any goods the fees to be submitted along with the supporting documents (Section 45) is INR 1,000 per work.
Cinematograph film, particulars can be changed by submitting appropriate documents with the fee of INR 2,000 per work.
Sound recording particulars can be changed in the register of copyrights, by submitting the supporting documents along with the fees of INR 1,000 per work.
6. Copyright Fees for obtaining a certified copy of an extract from the register of copyright: For obtaining a certified copy of an extract from the Register of Copyrights of the indexes (Section 47) the prescribed cost is INR 500 per copy. The Register of Copyrights and indexes thereof kept under this Act shall at all reasonable times be open to inspection, and any person shall be entitled to take copies of, or make extracts from, such register or indexes on payment of such fee and subject to such conditions as may be prescribed. (Reference Section 47 of Indian Copyright Act, 1957)
7. Copyright Fees for obtaining a certified copy of any other public document: For applying for a certified copy of any other public document in the custody of the Register of Copyright or Secretary of the Copyright Board the prescribed fees is 500 per Copy.
It is now thus clear that with the help of appropriate categorization of the work and supporting documentation along with the prescribed fees, one can very easily apply for the copyright registration. In fact, after paying the prescribed fees one can also obtain the certified copy of an extract from the register of copyright or a certified copy of any other public document from the Copyright Office, India. The process is simple but extensive. It requires perfect documentation and appropriate categorisation of the work as mentioned in the Indian Copyright Act,1957. Here comes Intepat for the rescue.
At Intepat, we adhere to the guidelines of Indian Copyright Act, 1957 and carefully work on all the documentation for each client. We, at Intepat, believe in securing well-fortified, cost optimized IPR for our clients and strive ceaselessly towards that end. On a strong scaffold of business ethics and meticulously crafted operational procedures, we treat every client with the individuality that they deserve. Learn more about our copyright services now!