Copyright is a right given under India law to creators, inventors, or authors for their innovative and original work. Work that is copyrighted protects the work from unauthorised use. Copyright gives the owner of that copyright exclusive rights and prevents usage of that work by any unauthorised person. The type of works protected under Copyright Act, 1957 are artistic works, literary works, musical works, cinematograph film, fashion design, computer software.

Registration of a copyright is an advantage because it protects the work from pointless disputes. Also, in cases of copyright infringement, certificate of copyright and register of copyright containing the registered copyright are admissible as evidence in Court. These serve as the main evidence in dispute relating to ownership of copyright as well.

People Who can Register for Copyright: People who can file an application to get a copyright are:

• The Author: The author of work is the person who has created that work using his imagination and talent. But if the work is created during employment, then the employer is considered the author of that work and he/she can legally file for registration of copyright.
• The Claimant of Copyright: this can be either the author himself or any organization or any person that obtained that work and its ownership rights from the author.
• The Agent: this the person authorised by the author, the claimant.

There is no bar on age in getting a copyright. A minor can also register for copyright, as the original work depends on the creativity of the author and there is no bar on creativity. The Copyright law understands that age cannot be a limitation on creativity. Also, if the work is created by more than one person, then the creators are co-owners of that copyright unless they decide otherwise.

Procedure for Registration of Copyright:

Provisions related to registration of copyright are specified under Copyright Act, 1957 and under Copyright Rules, 2013. Chapter 10 of the Copyright Act specifically deals with the procedure. The procedure relating to registration of copyright is:

• Application for registration of Copyright: An author or claimant can file for registration of copyright through his/her legal representative. The application can either be filed physically in the copyright office or by speed post. It can also be filed online, through an e-filling on the official website i.e., copyright.gov.in. Each application filed for registration must be filed with the requisite fees given in the second schedules of the rules. Fees depends on the kind of work and can range between Rs. 500 to Rs. 40,000. There are also some other documents and details that are to be filed along with the fees, which are specified under the Copyright Rules.
• Examination of the application: Dairy number is received when the application is filed. There is a mandatory wait for 30 days. And the people are given a right to object against the copyright. If an objection is filed against the copyright, then the registrar of copyright will give both the parties the right to be heard and if the objection is rejected the application move forward for scrutiny. This process might take around one month. If any discrepancy is found in the work, then the author is given 30 days to remove it.
• Registration of Copyright: If the registrar is satisfied with all the documents submitted and completeness and uniqueness of the work and the claim made in the application, then he/she will put the particulars in the register of copyrights and will issue a certificate of registration. Registration is complete when the applicant is issued the copy of entry of his work in the register of copyrights.

Copyright registered in India is recognized all over the world under the Berne Convention and is applicable to the members of the convention. If all the conditions are complied with, then the certificate of copyright is the safeguard to preserve creativity of people.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on Facebook, Twitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge