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What is Copyright ?

Copyright is a form of Intellectual Property Right that grants exclusive rights to the creators of original works. It safeguards a creator’s work from unauthorised duplication and gives them the right to reproduce, distribute, perform, display, and create derivative works based on the original creation.

This blog aims to provide a detailed overview of the copyright registration process in India, including its significance, eligibility criteria, application procedure, and benefits.

Subject Matter

In India, copyright law provides protection to a broad range of creative works including literary work, artistic work, musical work, dramatic work, cinematographic films, sound recordings, broadcasts, derivative works and architectural works as laid down in Section 13 of The Copyright Act of 1957 (hereinafter ‘The Act’).

Eligibility for Copyright Registration

It is essential to note that copyright registration is not mandatory. Despite a work not being registered, it is still protected under the Act. Further, as per the precedent laid under the landmark case of R.G. Anand v. M/s. Delux Films and Ors., it was held that a mere idea cannot be copyrighted but the expression of an idea can be. Similar to many other countries, copyright ownership is conferred upon the creation of an original work in a tangible form.

Thus, to be eligible for copyright registration in India, a work must meet certain criteria:

  1. Originality: The work must be original, meaning it should not be a copy of another work. It must originate from the author and not be a mere reproduction of existing works.
  2. Fixation: The work must be fixed in a tangible medium of expression. This means it must be capable of being perceived, reproduced, or communicated. Examples include writing on paper, recording in digital form, or saving on a computer.
  3. Categorisation: The Copyright Act lists various categories of works eligible for protection, including literary works, musical works, artistic works, cinematographic films, sound recordings, and computer programs.
  4. Nationality or Domicile: The author or creator of the work must be a citizen of India or domiciled in India.
  5. Authorship: The person claiming copyright must be the author or rights holder of the work.

Steps to follow for registering a Copyright:

  1. Application: The copyright registration process in India is administered by the Copyright Office under the Ministry of Commerce and Industry. Creators can file an application either online or offline by filing form XIV as per the Copyright Rules, 2013 accompanied by the prescribed fee and requisite documents. The application should include details such as the title of the work, name and address of the author, year of publication, and a copy of the work itself.
  2. Examination:
    • After receiving the application, the Copyright Office conducts a preliminary search to ensure compliance with the statutory requirements and if any deficiencies are found, the applicant is given an opportunity to rectify them within the stipulated time frame.
    • Further, the Registrar issues a Diary Number, which starts the copyright registration process.
    • Subsequently, there is a compulsory waiting period of 30 days for any potential objections to be submitted by the public.
    • If there are no objections raised within the stipulated time frame, the application is reviewed. If there are no discrepancies, the registration process continues.

3. Registration:

  • If some objections are received, both the parties receive an intimation from the examiner.
  • In order to address the objections, a hearing will be arranged. After the hearing and resolving the objections, the application will be reviewed.
  • Finally, the application will either be approved or rejected, depending on the specific circumstances.
  • Once the application is approved, a copyright registration certificate is granted.

Duration of Copyright

Copyright protection in India lasts for the lifetime of the author plus 60 years. For anonymous or pseudonymous works, the duration extends to 60 years from the date of publication. In the case of works of joint authorship, the duration extends to 60 years after the death of the last surviving author. This extended duration ensures that creators and their heirs gain advantages of the long-term protection of their jointly created work.

Renewal of Copyright

It is important to note that, unlike patents and trademarks, copyright in India does not require renewal to remain valid. Once copyright is established for a work, it endures for the duration specified by law without the need for any further action by the copyright holder.

Benefits of Registering a Copyright

  • Copyright registration serves as prima facie evidence in the court of law, establishing the ownership of the work and the date of creation.
  • Registered copyrights can be licensed, transferred, or assigned, allowing creators to derive financial benefits.
  • Commercial opportunities to license, assign and commercially use one’s creative work.
  • While copyright protection is territorial, registration in India can serve as a basis for seeking protection in other countries through international conventions and treaties.

Copyright Law in India vis-a vis Foreign Countries

While copyright laws in India share many common principles and international obligations with copyright laws in foreign countries, there are also differences in the specifics of copyright duration, scope of protection, fair use provisions, enforcement mechanisms, and registration requirements. India is a signatory to several international treaties and conventions related to copyright, including the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). These treaties establish minimum standards for copyright protection and ensure that copyright works created in one member country are protected in other member countries.

Case Study

In the case of Rediff.com India Ltd v. E-Eighteen.com Ltd., the significance of copyright registration was emphasised. This case highlights the importance of copyright protection in the digital age and the need for stringent enforcement of copyright laws to safeguard the rights of content creators.

Conclusion

Copyright registration plays a pivotal role in safeguarding the rights of creators and promoting creativity and innovation in India. By securing legal protection for their works, creators can assert their rights, derive financial benefits, and contribute to the cultural and economic development of the nation. Therefore, creators are encouraged to avail themselves of copyright protection to harness the full potential of their work.

References:

  1. THE COPYRIGHT ACT, 1957 No. 14 OF 1957.
  2. Copyright Rules, 2013.
  3. An Analytical Overview of Copyright Status in India: Concerning Top Economics of the World https://www.researchgate.net/publication/367408545_An_Analytical_Overview_of_Copyright_Status_in_India_Concerning_Top_Economics_of_the_World
  4. A HAND BOOK OF COPYRIGHT LAW, Government of India, Department For Promotion of Industry and Internal Trade, Ministry of Commerce and Industry https://www.copyright.gov.in/documents/handbook.html#:~:text=The%20Copyright%20Act%2C%201957%20protects,expressions%20and%20not%20the%20ideas
  5. Rediff.com India Ltd. v. E-Eighteen.com Ltd. [(2013) 202 DLT 657, (2013) 55 PTC 294], https://brieflaws.com/case-briefs/rediff-com-india-ltd-v-e-eighteen-com-ltd
  6. R.G. Anand v. M/s. Delux Films and Ors. [AIR 1978 SC 1613; 1979 SCR (1) 218], https://brieflaws.com/case-briefs/r-g-anand-v-m-s-delux-films-and-or
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