Copyright is an intellectual property like trademark and patents. A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Copyright give the owner of the work certain safeguard to ensure the intellectual work is protected and creativity is rewarded. Copyright insure legal right like the rights of reproduction, communication to the public, adaptation and translation of the work.

The Copyright Act, 1957 (the ‘Act’) came into effect from January 1958. The Act has been amended five times since then, i.e., in 1983, 1984, 1992, 1994, 1999 and 2012. The Copyright (Amendment) Act, 2012 is the most substantial. The main reasons for amendments to the Copyright Act, 1957 include to bring the Act in conformity with two WIPO internet treaties concluded in 1996 namely, the WIPO Copyright Treaty (“WCT”) and WIPO Performances and Phonograms Treaty (“WPPT”); to protect the Music and Film Industry and address its concerns; to address the concerns of the physically disabled and to protect the interests of the author of any work; Incidental changes; to remove operational facilities; and enforcement of rights. Some of the important amendments to the Copyright Act in 2012 are extension of copyright protection in the digital environment such as penalties for circumvention of technological protection measures and rights management information, and liability of internet service provider and introduction of statutory licenses for cover versions and broadcasting organizations; ensuring right to receive royalties for authors, and music composers, exclusive economic and moral rights to performers, equal membership rights in copyright societies for authors and other right owners and exception of copyrights for physically disabled to access any works.

Documents required for copy right registration

  1. Ensure that application is enclosed with prescribed fee by postal order or Demand Draft only in favour of ‘Registrar of Copyrights’ payable at New Delhi.
  2. The application (Form XIV) including the Statement of Particulars (SoP) and the Statement of Further Particulars (SoFP) should be signed by the applicant only.
  3. Under Copyright amendment Rule, 2013, the applicant required to send by registered post copies of Form (XIV), SoP & SoFP to every person who claims or has any interest in the subject matter of the copyright or disputes the rights of applicant to it.
  4. Application should contain Form (XIV), SoP & SoFP and should be submitted single copy.
  5. Name, address & nationality of the Applicant should completely filled up in col.2 of SoP.
  6. Please clarify in Col.3 of the SoP whether applicant is author/publisher/owner/assignee.
  7. In Col.4 of SoP please indicate appropriate class and description of the work.
  8. In Col.5 of the SoP, please mention ‘Title of the work’ as it appears on the work.
  9. In Col.6 of the SoP please indicate all languages of the work.
  10. In Col.7 of the SoP please indicate Name, address & Nationality of the author and if the author is deceased, the date of decease.
  11. In Col.8 of the SoP, please mention whether the work is published or unpublished.
  12. Please indicate year and Country of first publication (Name, address and nationality of the publisher) in Col.9 of the SoP.
  13. Please also mention years and countries of subsequent publications if any, and name, addresses and nationalities of the publishers in Col.10 of the SoP.
  14. Col.11 of the SoP, please indicate names, address and nationalities of the owners of various rights comprising the copyright in the work and the extent of rights held by each, together with the particulars of assignments and license, if any. In case applicant himself intends to hold all rights in the work, his particulars are given against Col.2 must be mentioned. In case the applicant is a partnership firm, the names of all the partners and their shares in the copyright may be indicated.
  15. Please indicate in Col.12 of the SoP names, addresses and nationalities of other persons if any, to whom author intends to authorise other persons to assign or license the rights comprising the copyrights.
  16. Please include in Col.13 of the SoP if the work is ‘Artistic’ the location of the original work, including name and address and nationality of the person in possession of the work, (In case of an architectural work, the year of completion of the work should also be shown.)
  17. As per Col. 14, the application should include a certification from the registrar of Trade Marks in terms of the proviso to Copyright amendment Rule, 2013, if the work is an Artistic work which is used or is capable of being used in relation to any goods.
  18. In Col.15, if the work is an ‘Artistic work’ and registered under the Design Act 2000, then give details.
  19. In Col.16, if the work is an ‘Artistic work’ capable of being registered as a design under the Designs Act 2000, whether it has been applied to an article though an industrial process and if yes, give the number of times it is reproduced.
  20. In case of Artistic work, please enclose 2 identical copies of artistic work (identical in size/colour/design) which should be identical with the work attached with Search Certificate (TM-60)
  21. Please intimate the Name, address & Nationality of the person whose photograph appears on the work. If that person is other than the applicant, a No Objection Certificate, in original may be obtained from the person or from his legal heir(s) if the person is deceased or from the guardian if the applicant is minor and the same may be enclosed with the application.
  22. The firm itself cannot be the author of a work. Therefore, details of the person(s) who has/have actually created the work may be furnished.
  23. As per Col.7 of the SoP submitted by you, the author of the work is other than the applicant, please enclose a No Objection Certificate in original from the original author(s) clearly indicating that he/she has no objection if the copyright of the work is registered in the name of the applicant(s) and also clarify whether the author is partner/proprietor/employee of the applicant.
  24. If the work is published by a person other than the applicant, a No Objection Certificate in original may be obtained from the person/firm and enclose with the application. 3
  25. Please enclose one (1) copy of published work and two (2) copies of unpublished work in literary case. In artistic case, enclose two (2) copies of artistic work whether it is published or not. For rest of all other categories, enclose one (1) copy of the work irrespective of published or unpublished.
  26. Please submit Power of Attorney (POA) if advocate is filling on behalf of the applicant.