Copyright is a right which is given by the law to the creators of music, artistic works, literary, dramatic works, producers of cinematographic films and sound recordings. It is like a bundle of rights includes rights of reproduction, inter alia, communication to the public, adaptation and translation of work. Depending on the work, there could be a slight variation in the composition of rights. copyright
It ensures certain minimum safeguards of the rights of the authors over their creations which thereby protects and rewards creativity. Creativity is the keystone of the progress; no civilised society can afford to ignore the basic requirement of encouraging the same. The protection which is provided by the copyrights to the efforts of artists, dramatists, designers, writers, architects, musicians, producers of sound recordings, computer software and cinematographic films which creates an atmosphere to creativity, which induces others to create and motivate. Unlike the patents, a copyright protects the expression but not the ideas. There is no copyright protection for methods of operations, procedures and mathematical concepts. A copyright ordinarily not protects the titles by themselves or names, slogans, short phrases, short word combinations, plots, methods or factual information. It doesn’t protect any ideas or concepts. In order to get the copyright, a work must be original. Copyright doesn’t require any formalities, the acquisition of that is automatic. As soon as the work has been created, the copyright comes into existence. Certificate of registration of copyright and the entries made therein serves as a prima facie evidence in a court of law with reference to disputes relates with the ownership of copyright. The procedure of copyright registration is as follows: Application for registration is to be made on Form-IV which includes the statement of particulars and further details as prescribed in the first schedule to the rules; For each work, separate application need to be made for registration. Requisite fee which has been prescribed in the first schedule to the rules be accompanied with each application. The applications need to be signed by the applicant or the lawyer in whose favour the power of attorney or a vakalatnama has been executed. The power of attorney which has been signed by the party and that should be accepted by the concerned advocate. Those things need to be enclosed along with the application. The fee is either in the form of demand draft, Indian postal order favouring registrar of copyright payable at new Delhi or through e-payment. Each and every column of the statement of particulars should be replied specifically. After filing your application and receives the dairy number, you need to wait for a mandatory period of 30 days so that no objection is filed in the copyright office against your claim that particular work is been created by you. If any objection is filed, it could take one month of time to decide whether the work can be registered by the registrar of copyrights after giving an opportunity to hear the matter from both the parties. If there is no objection been filed, the application straight away goes for scrutiny. If any discrepancy is found, the applicant will be given 30 days of time to remove that. It takes 2 to 3 months of time for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key for speedy disposal of the matter. Whether unpublished works can be registered?
Both the published and the unpublished works can be registered. Three copies of the published work need to be sent along with the application. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the copyright office in proof of the work been registered. With the two copies of the manuscript, one copy of the manuscript which is duly stamped will be returned and the other one will be retained in the copyright office for the record which is more confidential. The applicant needs to send only the extracts of the unpublished work rather sending the whole manuscript. If you send the whole work, then you cannot expect that to return because in the copyright office, the documents are being stamped with the seal. When a work has been registered as unpublished and further it will be getting published, the applicant may apply if any changes in particulars entered in the register of copyrights in the Form V with the prescribed fee.