Understanding the copyright registration process in India

The copyright process is straightforward and while not compulsory, gives you an advantage over your work

Have you heard a song and loved it for the sheer brilliance of its lyrics? How about a book that stays long after you finished reading it? These creations can be protected by the individual who created them by filing for copyright.

But what exactly is a copyright and how does a candidate register for one?

A copyright is a right that prevents others from copying someone’s work – typically literary work. The creator or owner of the subject (for instance a film or a novel) has the exclusive right over their work if they obtain copyright. If a literary creation is protected by filing copyright, it prevents others from copying, imitating or reproducing the original work in any form. Once copyright gets filed in India, it stands valid for 60 years.

Creations for which you can file a copyright

Copyright registration in India can be obtained for the following creations:

• Manuscripts and books
• Songs and music
• Films
• Literary works like short stories, dramas and poems
• Fashion designs
• Software
• Training manuals
• Paintings
• Performances of different kinds

How do I register a copyright?

To gain sole credit for any creations, register a copyright for the same. Here are the steps to follow.

Fill your application form and send it to the registrar

Ride out the waiting period and wait for a diary number to be issued

All applicants have to ride out a mandatory 30 days waiting period. During this time, a third-party can file an objection against the copyright submitted. However, if no objection is filed, a Diary number is issued to the applicant.

Scrutinzing the application

A copyright expert will scrutinizes the application to check if there are any discrepancies. In the absence of any discrepancies, copyrights get registered, and an extract of the same will gets sent to the registrar. The registrar then makes a formal entry of the copyrights in the Copyright Register.

Entertaining objections

Entertaining objections is an important step in the registration procedure of copyright. In case the registrar receives any objections, the evaluator sends a letter to both parties – the applicant and the objecting individual. Both parties are given a fair hearing to prove that they are the rightful owner of the creation.

Objections are resolved and the copyright is granted

Through the hearing, the evaluator attempts to resolve the objections. The evaluator then scrutinizes the application once again and approves or rejects the copyright application based on the outcome of the hearing. If the copyright applicant can their claim over the creation, without doubt, they are granted copyrights.

While seeking copyright protection is not mandatory, it is recommended that you opt for it since it can provide you rights over your work and prevent others from copying it, for at least a minimum period. It is important to protect ideas and literary works that act as a monetary incentive as well.