License to Use Copyright in India

In this article, we will discuss about the license to use copyright in India in detail.

What is copyright?

Creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings can obtain rights over their original work by taking copyright license on their work.

Copyright prevents unauthorised use of the original work and thus protects and rewards the creativity. A bundle of rights is given to the creators of giving rights of reproduction, communication to the public, adaptation, and translation of the work.

Copyright is different from a patent. While in a patent, ideas are protected, copyright protects the expression and not the ideas. Hence, while there can be more than one idea, copyright ensures that the final outcome from such idea isn’t copied unless authorised.

What is covered under work?

Work covers artistic, dramatic, literary, musical work or cinematograph film or work of sculpture. For the entire list, one can refer to Section 2 of the Indian copyright act,1957.

(http://copyright.gov.in/Documents/CopyrightRules1957.pdf).  

How to file an application for copyright?

An application is to be submitted to the Copyright Office situated in New Delhi. The application can be submitted at the counter in the Copyright Office or can be sent by post. Applications can also be filed electronically by visiting Copyright Office website.(http://copyright.gov.in/UserRegistration/frmLoginPage.aspx).

A separate application has to be filed for registering each work. The application should be signed by the applicant or a person holding the power of attorney.

Registration fees can be paid online or by submitting a demand draft or Indian Postal Order in favour of ‘Registrar of Copyrights’ payable at ‘New Delhi’.

After filing the application, if an objection is not filed within 30 days, it is deemed that the work created is original, after which it goes to examiners for validation. Generally, 2-3 months are taken for claiming copyright.

If an objection is filed against work, Copyright Office gives an opportunity to both the parties to defend their case and then decide whether the work can be registered or not.

What is the fee for copyright?

Can unregistered/ unpublished work be claimed for copyright?

Copyright automatically becomes effective as soon as a work is created. There isn’t any formality to be completed for claiming copyright.

Unpublished work can also be registered for copyright, but for registering unpublishing work, a copy of the manuscript is also required to be sent with the application.