Application of Copyright – RegistrationsIndia.com

PROCEDURE INVOLVED

Copyright includes original literary, dramatic, musical and artistic works; cinematograph films and sound recording. The process for each work may differ from the other. Companies usually apply to register literary or artistic works. Literary work include software, data compilations etc. whereas artistic work include logos etc.

For filing the application, if the author and owner of the work are different then the owner has to take an NOC from the author before filing the application. Where the work is an artistic work and is to be used as a trademark, an NOC is to be procured from the Trade Marks Office to the effect that no identical or similar mark to the work exists on the Trade Marks Register. The Applicant also has to certify whether the work has been registered as a Design under the Designs Act, 2000. Apart from the afore-said, along with the application, Statement of Particulars and Statement of further Particulars are also to be filed.

Pursuant to the filing of the application, the same is examined by the Copyright Office under the provisions of the Copyright Act, 1957 and Copyright Rules, 2013. In case there is no objection, the work is registered by the Copyright Office. In case, there are objections, the Applicant is required to rectify or reply to the same within the stipulated time period. In case the Examiner is not satisfied, he may appoint a hearing in the matter.  Pursuant to the hearing, the work may be registered or the application be rejected. In case of a rejection, the Applicant can appeal to the Copyright Board.