What is the Process of Copyright Registration in India?

What is the Process of Copyright Registration in India?

What is the Process of Copyright Registration in India?

A copyright is an exclusive right that is legally given to the artist, composer, sculptor, writer, poet, director, producer or originator on his or her work which can either be musical, literary, or any other form of production. The exclusive right prevents duplication and protects the rights of the producer. Today we read here what is the Process of Copyright Registration in India? Copyright protects a person's creativity and prevents theft. It encourages them to produce more and more creative stuff. A copyright is registered for a specific period of time post which it can be renewed.

The process of copyright registration is done as per First Schedule of the Rules. The registration is done under Copyright Act, 1957 which allows both published and unpublished work to be registered.

Application process

For copyright registration you must apply along with the prescribed fees. Once the application is filed you will receive a diary number. Then you have to mandatorily wait for the next 30 days. During this period all the objections regarding a registration are entertained. If no objections are received then it will be scrutinized by an examiner who will the forward it to the Deputy Registrar if no discrepancies are found in the registration.

If any discrepancy is found then a letter of discrepancy is issued to the applicant who will be given a chance to represent himself by way of a written reply or hearing in front of the Registrar. He will be given the right of representation post which his case will be forwarded to the Deputy Registrar.

Register Trademark for  6,799 all inclusive

When objections are filed

If objections are received within 30 days, the Office will send letter to both the parties to appear in front of the Registrar. They will also need to reply to the letters sent to them. If the application is accepted then it will be scrutinized and forwarded to the Deputy Registrar if no discrepancy is found.

After an application to the Deputy Registrar he can either approve it or reject it. If it is approved extracts from the application will be sent to the applicant. But if its rejected then a letter of rejection will be sent to the applicant.

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What are Differences Between Copyright and Trademark?

What are Differences Between Copyright & Trademark?

What are Differences Between Copyright & Trademark?

The wealth of a business is judged by the assets it has in its balance sheet. The assets can be both tangible and intangible. It is not the money infused in a business that depicts its prosperity but the money or assets it has retained. A copyright or trademark is one of those assets.We read today ' What are Differences Between Copyright & Trademark? ' To many people copyrights and trademarks are one and the same thing which they use interchangeably. But there is a big difference between the two. Both are instruments used to protect the intellectual property violation but they are used in different contexts. 

Copyright

A copyright is a method by which a person registers his or her work, like literary, artistic, manufacturing process, product design, musical, etc. By owning the copyright he prevents the use of his work without his permission. For instance, the copyright of a particular book is with its author and only through his permission can it be printed or published in any form. Similarly, a process or a particular combination of processes is copyright registered by a manufacturer to prevent misuse or violation. A copyright provides ownership of your work. It grants you its proprietorship. Having copyrights is always good for business.

Register Trademark for  6,799 all inclusive

 Trademark

A trademark is the signature of a business that provides recognition to it. For instance, the logo of Nike. It is a Registered Trademark and cannot be used by anyone except it. A trademark guarantees the much needed  visibility and helps customers in distinguishing between original and fake or duplicate. A trademark can be a name, word, series of words, symbols, shapes, logos, signs, emblems, colors etc.

Difference

A trademark is generally associated with the business name whereas copyright is associated with the goods or services provided by that business. For instance, in Kent RO water purifier Kent RO is the registered trademark while its purification process is copyright registered. If there is an infringement on either of the two cases, there is a penalty and punishment as per law. Although they are both governed by different Acts, they prevent violation of intellectual properties.

Hope you have liked our article on " What are Differences Between Copyright & Trademark? ". Let us know what you think in the comment section below. For more information you can visit www.registrationsindia.com

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What is Copyright?

What is Copyright?

This has always been an interesting question. I have compared Trademarks and Copyrights, Exhaustive definition of all Trademarks in my posts. Today I discuss the definition "what is Copyright" . As per Indian Copyright Act, 1957:

“Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.”

The definition in itself is an exhaustive definition. I will break the definition into parts for quick understanding.

1. It is a Right given to its creator

Copyright is a right given by the Indian law to the creator of the work. The person who has created the original work is given the right over and above anyone else.

2. Fields where Copyright can be obtained

A copyright cannot be obtained for business names because we have trademarks for that. Copyright can be obtained by the creator of these works:

- Literary work

- Drama

- Artistic Work

- Cinematograph films

- Sound Recordings

Website Content Copyrighting

Register Copyright

Since copyright can be applied for literary work, a website’s content can be copyrighted. We have a separate article for copyrighting of Website content.

Software Code copyrighting

Similarly the code for software or application can be copyrighted. The creator has to prove beyond doubt that the code has been written by him and is not been copied. There are stricter regulations for software code copyrighting.

3. What rights does the creator get?

A copyright is a bundle of rights and includes:

- rights of reproduction,

- communication to the public,

- adaptation and translation of the work.

The definition here is an inclusive definition and is not limited only to the above rights but are more than that depending upon the nature of work involved.

The closest example of copyright we see in our day to day life is copyrighting on books. I am sure you have noticed but ignored to read the texts stating something like “this material cannot be reproduced or copied in any form without the written permission of the publisher and copyright owner”. This is a clear indication that the material is copyrighted.

Another close example is that of songs. This has been in news for various song composers for some time now. This necessarily means that some other composer already had vested copyrights in the song.

I hope you have liked this article on ' What is Copyright ? ', if yes please comment below. For more information you can visit www.registrationsindia.com

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