Copyright registration is one of the key types of intellectual property protection and allows for the protection of literary, dramatic, musical and artistic works.
There is a surge in the amount of intellectual property being registered in India due to an increase in awareness among people about intellectual property laws and the advancement of technology, allowing for online registration of many of the type of intellectual property being created. Copyright registration is one of the key types of intellectual property protection and allows for the protection of literary, dramatic, musical and artistic works.
Documents Required for Copyright Registration
- Name, Address & Nationality of the Applicant
- Name, address and nationality of the author of the work
- Nature of the applicant’s interest in the copyright – whether the applicant is the author of the work or the representative of the author
- Copies of the original work
- ID proof of the owner and Incorporation certificate if it is for business
Nature Of The Work
- Class & Description of the Work
- Title of the Work
- Language of the Work
- Date of Publication – Publication in internal magazines, like a company magazine or a research paper submitted to a professor does not count as publication.
Rights of the copyright owner
In India, the Indian Copyright Act 1957 handles matters related to copyright. It protects the economic, legal, and social interests of the copyright owner. The Act confers exclusive rights on the owner on the following aspects-
Right of Reproduction
The Copyright Act mandates that no individual can make copies of or reproduce a protected work, in part or whole, without permission from the copyright owner. Thus, it restricts copying a song, any sound, or any form of video recording in a recording device.
Right of Adaptation
The Copyright Act gives exclusive rights to the creator to use his piece of work the way he wants. He can create any derivatives of his original work. He can also prepare a new work in a different format, based on his existing creation. The Copyright Act defines the following actions as “adaptation”:
- Converting movies, plays, dramatic works or choreographic shows into literary or non-dramatic works such as novels, poems, and books
- Converting artistic and literary works such as photography, sculpture, drawings, paintings, etc into forms of dramatic work
- A pictorial description of the original work
- Alteration or modification of non-dramatic and dramatic work
- Transcription of a musical piece/work
Right of Communication To The Public
The Act gives exclusive rights to the copyright owners to broadcast their original work to the public. They can do this by wireless diffusion in any form of visual images or signs.
Right of Public Performance
The Act gives exclusive rights to the owners of artistic and musical work to perform their works in public. An actor can make a public performance in any of his plays. A musician can play his piece of original music for the masses. Similarly, artists can broadcast their performances in public on any platform they want.
Right of Paternity And Integrity
The Copyright Act bestows the twin moral rights of integrity and morality on the creators of original work. The right of attribution or paternity implies that the owner/creator can claim the sole authorship over his piece of work. In other words, he can have it attributed to himself. Anyone wishing to adapt or reproduce the original work needs to give the author his due credit. Else, the author will be at liberty to file a legal suit against the ‘unauthorised’ maker. For example, before making a movie based on a particular book, the maker must acknowledge or give credit to the author.
The right of integrity provides a different kind of protection to the copyright holder. If any individual mutilates, modifies, or distorts the original work of the copyright holder, he can claim damages from the individual. This is done on the pretext that such an act has caused the loss of reputation to the creator and his original creation.
Right of Distribution
The Copyright Act provides exclusive rights on the copyright holder to distribute his work in whatever form he likes (through selling, reproducing, leasing, lending or renting). If he wishes, he can also transfer certain rights to another person to use the copyright in part or whole, subject-specific limitations.