Copyright Registration- Introduction

The zone of Intellectual property right is very vast as it covers – Copyright,Patent,Trademark, Design, Utility model, Trade secrets and Geographical Indications. It indicates the creation of human minds that can be in any form like-Invention, Artistic Work, Literary work, Symbols and Design. It protects the interest of the person who has created it. When you are registering a Creative Work under the Copyright Act you are not only applying for Legal Right, but also determining the Exclusive Right over the Creative work.

Copyright provides protection to the original works of the author. Copyright is basically an intellectual property right confers upon its owner. Any other individual or entity can use original work (like books, scripts, even software, artistic, cinematography, recordings, computer programming etc.) of the creator with his/ her permission only. Copyrights operates against unauthorized copying, the taking of another's creation, without paying for it. Copyright is essentially a creation of statute, the copyright act makes it clear that no person shall be entitled to copyright or any similar rights, in any work whether published or unpublished, otherwise than in accordance with the provisions of the Act.

Companies often copyright instruction manuals, Website content, product literature, brochure, and user guides. Copyrights are also transferable. Copyright registration is done in accordance with the Copyright Act, 1957. With copyright registration, you may become a legal owner of your creative work in respect of books, paintings, music, video, paintings, website, mobile application etc. Copyright registration with the authority ensures that creative work of the author cannot be imitated. No person is authorized to use the same without the permission of the author or creator. The author is allowed to charge others for using his work or modifying it. Copyrights registration safeguards the rights of the creator from infringement. It gives legal protection by which no other person can misuse the copyright in any manner without obtaining the permission of the owner.

How long does Copyright Protection Last?

After copyright registration, copyright is valid for the lifetime of the author + 60 years after the death of the author. Duration of copyright registration means the copyright in a work will live for such a period as directed under the copyright act and the same cannot be practiced without author/creator permission. Since the copyright duration in a work varies from the nature of work, the duration of copyright as per the work has been discussed herein below:

Published bookish, musical-dramatic or artistic work: up to 60 years after the lifetime of the author.
Anonymous and pseudonymous works: 60 years from the date the work was 1st published.
Cinematographic works: 60 years from the date film was screened
Sound recordings: 60 years from the date such sound recording is released.

The original work means which has not been copied from any other work. Originality comes from the knowledge, capability, skills, judgment, and hard work of the creator. As per copyright act, only expressions can be copyrighted, not the ideas. For example, content on your website, cannot be copied by the competitor however competitor can use the idea in business activity.

The three basic elements of copyright originality, creativity, and fixation.

According to Copyright (Amendment) Rules, 2021, a new provision regarding publication of a copyrights journal has been incorporated, thereby eliminating the requirement of publication in the Official Gazette. The said journal would be available at the website of the Copyright Office.

In order to encourage accountability and transparency, new provisions have been introduced, to deal with the undistributed royalty amounts and use of electronic and traceable payment methods while collection and distribution of royalties. To reinforce transparency in working of copyright societies a new rule has been introduced, whereby the copyright societies will be required to draw up and make public an Annual Transparency Report for each financial year.

The compliance requirements for registration of software works have been largely reduced, as now the applicant has the liberty to file the first 10 and last 10 pages of source code, or the entire source code if less than 20 pages, with no blocked out or redacted portions.

The time limit for the Central Government to respond to an application made before it for registration as a copyright society is extended to one hundred and eighty days, so that the application can be more comprehensively examined.

Difference between Trademark, Patent, and Copyright

Basis	Trademark	Copyright	Patent
Introduction	Trademark protects any word, symbol, a design that identifies a business and distinguishes the band from others.	It protects the expression of ideas like artistic work. Artistic work includes work related to books, paintings, music and computer Programme. Copyright protection helps in excluding others from using the work.	The patent protects the invention of the inventor and gives an exclusive right to the inventor over his/her invention and it also excludes others from using the invention.
Significance	Brand Identification	Expression of Idea	Invention
Govern by	Trade Marks Act, 1999	Indian Copyright Act, 1957	Indian Patent Act, 1970
Protection given for	Any word, logo, symbol, mark, phrase that differentiates goods of one party from another.	Novel works of authorship like books, articles, songs, photographs, paintings, choreography, sound recordings, motion pictures, etc.	Features of shape, configuration, pattern, and ornament, the form of lines, color or blend thereof applied to each article.
Who seeks protection	Business and product owners.	Authors, artists, choreographers, architects, and other creative professionals.	Individual or enterprise
Components	Protects distinctive mark, symbol or design Consumer recognition and goodwill	Expression embodied in a fixed medium Protects Artistic & literary work	Protects Invention
Registration Requirement	Trademark registration is not mandatory however it is advisable to get as it gives exclusive right over the mark/symbol.	There is no such registration required.	Patent Registration is mandatory.
Requirements for Registration	Used in commerce The mark needs to be unique.	Originality- The work must be original, creative and must be able of fixing in the tangible form.	Invention The design needs to be original and must be referred to the article by any industrial process.
Exclusions	Prevent others from using the same logo/symbol.	Others are not permitted copy the work without the permission of the creator.	Prevent others from using the invention without the consent
Rights provided	Rights to apply the mark and stop any 3rd person from using the deceptively same mark.	Right to control the reproduction, creating of copied works, distribution and public performance and shows of the copyrighted works.	Right to stop others from producing, selling using or importing the patented invention.
Validity Term	Renewed 10 year	Till death +Till 60 years after death	20 years
The disclosure required	Yes	Yes	Yes

Why do you need a copyright?

Copyright registration creates a public record. It tells the world that your work is protected by copyright and also enables a person who wants to license your work to find you.
It enables you to file a lawsuit and take legal action against someone who infringes your copyright, say by selling copies of your work without your permission.
It provides you with economic benefits by entitling you to use your work in various ways like making copies, performing in public, broadcasting your work etc, and availing appropriate reward for it. Thus, it provides you with a reward for your creativity.
It allows you to sell or pass the rights of your work.
It allows you to get legal evidence of your ownership. So if someone prevents you from using your work, you can just use your copyright to prove that it’s your work and you have a right to use it.
It allows you to change the form of your work. For example, it allows you to make a sequel or revise or update the work.

Who can register a piece of work with the Registrar of Copyrights?

The following people are entitled to submit an application to get a copyright:

The author

The author of the work is:
Either the person who actually created the work, or
If made during the scope of employment, then the employer. This is considered as ‘work made for hire
Such an author is legally allowed to get a copyright for his/her work.

The owner of exclusive rights

The copyright law can grant a person exclusive rights to control and use and distribution of an original work. These rights include the right to reproduce or make copies of the original work, the right to distribute copies of the work, the right to publicly display the work, the right to perform the work and the right to alter the work and make derivatives of the original work. The owner of such exclusive rights is permitted to apply for registering his or her claim in the work.

The copyright claimant

This is either

The author, or
A person or an organization that has obtained ownership rights from the author through a written contract, will etc.

The authorized agent

This refers to any person authorized to act on behalf of either:

The author, or
The copyright claimant, or
The owner of an exclusive right.

It must also be mentioned here that there is no age bar for getting a copyright and a minor is also entitled to register a copyright. This is because copyright law recognized creativity and understands that age cannot be a restriction on creativity. Also, in case the work is created by two or more people, then the creators of the work are co-owners unless they have agreed otherwise.

Major Key Elements of the Copyright Act

Copyright registration is not mandatory, but to seek the legal remedy from the court as it acts as a prima facie evidence. In case of any discrepancies/dispute, Copyright registration is the best way for attaining remedy and the ownership. Copyrights registration protects the rights of the investors in case of an infringement. This is legal protection that no other can misuse the copyrighted of writer or creator in any form of prescribed work without the consent of the owner. Copyright identifies the exclusive rights of the owner over an original/ unique work. Such as Music, books, development of software, making films, fashion designs, brochures, and training manuals all enjoy copyright protection, even without registration.

Copyright means the special right to do or give consent to the doing of any of the following acts in respect to the provisions of this Act, namely:-

In the case of a literary, dramatic or musical work, which is not being a computer program,

To replicate the work in any material form including the following:

To issue copies of the work to the public not being copies already in circulation;
To carry out the work in public, or convert it to the public at large;
To make any cinematograph film or sound recording in respect of the work;
To make any translation of the work;
To make an adaptation of the work;
To do, in relation to a translation or an adaptation of the work, any of the acts specified and others

Copyright Registration confers upon its owner exclusive rights to copy or reproduce the work or allow or give permission to another person to do so. Copyright is ordinarily possessed by the creator of the work. Copyrights are also transferable.

Types of licenses under Copyright Registration

Note-Commercial rental does not apply in respect of computer programmes where the computer programme is not the essential object of rental

Types of Copyright Registration

A copyright is essentially a right not to copy someone’s work. A copyright gives the owner of the subject an exclusive right over his work. If a work is protected by copyright, no one can imitate, copy or reproduce the original work in any other way. No person is allowed to use the same without the permission of the author or creator. The author is entitled to charge others for using his work or changing it. Copyrights registration safeguards the rights of the inventor from infringement. A term of copyright in India is 60 years. It offers a bunch of rights – communication to the public, rights of reproduction, adaptation, and translation of the work. However, ideas, procedures, methods of operation or mathematical concepts cannot be copyrighted. Copyright does not protect titles, names, ideas, concepts, slogans, methods, and short phrases. Copyright can be taken for the following works:

The register of the Registrar of Copyrights is divided into 6 categories:

Few terms used under Copyright Registration

What is Original Work?

Original Work must be sufficiently distinct from existing work so as represent a level of uniqueness in the work/content. It represents the expression which is original or creativity of the author in the content /class of work. Originality does not require novelty but an independent creation. Copyright protection is given when the work is original and creative

What is Creative Expression?

Copyright protection is only provided when there is some aspect of creativity. The expression of the work requires being original. As per the Act the originality is a minimum amount of originality.

What is Tangible Medium?

For creative expression, the medium must be tangible. The work must be recorded in a Tangible format. For receiving copyright protection, the work done must be recorded in the Tangible format. Prior to the recording if the work expression is communicated in the public domain, it may find itself being incapable of copyright protection. The Tangible medium must be fixed to perceived, reproduced for more than a transitory period. It must meet the PRC requirement (Perceived, Reproduced, communicated in a medium.

Example of PRC Requirement –

Perceived – A song written on paper because it may be apprehend.

Reproduced- To reproduce the same photo, a photograph is kept on Computer’s hard drive.

Communicated – speech on a paper or cassette tape because the speech may be communicated.

What are Protected Elements in Literary and Visual Works?

The boundaries are uncertain which separates ideas and expression variation based on the type of work involved. Literary and visual works have protected elements i.e.

Literary Work – In literary work protected elements include

Uniquely developed Character.
Sequences of events in the storyline

Visual work- The elements that necessarily flow from the subject matter are out of the preview of protected elements of Visual Works.

Eligibility for Copyright Registration

Copyright registration can be obtained for any works related to literature, drama, music, artwork, film, or sound recording. Copyrights are given to mainly three classes of work, and each class has its distinctive right under the copyright act.

Original literary, dramatic, musical, and artistic works comprise the copyright for books, music, painting, sculpture, etc.
Cinematography films are another class of copyright that consists of any work of visual recording on any medium.
Sound recordings have a distinctive class under the copyright act that consists of a recording of sounds, regardless of the medium on which such recording is made or the method by which the sound is produced.

Copyright protection

Registering the work with the registrar of the copyright office is essentially a copyright protection insurance policy. It produces a public record of the work done and also you can subsequently sue anyone for copyright violation made. This registration is only considered as prima facie evidence if done within 5 years of the creation of the work.

Reasons to Register Copyright

Registration ensures legal protection
It also secures goodwill
It also restricts unlawful reproduction of the work of the creator
Global protection as copyright in India is recognized virtually worldwide
Registration of copyright helps in the creation of assets and intangible assets and can be sold, franchised or commercially contracted

Rights that the Copyright Holder Carries

The Copyright holder carries various rights which include-

Reproducing the work - The Copyright Act says that no 3rd party can reproduce or make copies of the original work or part of the work unless the copyright owner has authorized to do so. It limits reproduction in the form of printing an edition of a work and recording sound and films.

Right of Adaptation- The Act allows the creator to use his piece of work the way he wants to use it. He can create any derivatives of his original work. He can also use a different format based on his existing creation.
Derivative work- The copyright creator can choose to use his work whichever way he needs. That is, he/she can build derivatives from the existing work or make new work in the same form or another form based on the original work. The following actions outline the term adaptation as per the Copyright Act:

Transforming plays, movies, choreographic shows, and other dramatic works into non-dramatic or literary works like poems, novels, and books
Transforming bookish works and artistic works like sculpture, photography, paintings, drawings, etc into dramatic work
Change or modification of dramatic and non-dramatic work
Pictorial depiction of the work
Transcription of musical work

The creators of original work are bestowed with rights of integrity and morality. The right of attribution or paternity implies that the creator can claim the sole authorship over his piece of work. The right of integrity allows the owner to claim damages from the individuals. If anyone tries to mutilate, modify or distort the original piece of work, the copyright holder can claim the individual's damages.

Performing the work publicly- The owners of artistic and musical work can perform their works in public. A musician can play his piece of music for the people. An artist can perform in public or any platform the artist wishes to.
Distributing the work publicly- The Copyright Act allows the owner to distribute his work in whatever form he likes. If he wishes, he can also transfer certain rights to another person to use the copyright. The copyright holder may distribute his work in any form by reproducing, selling, renting, leasing or lending. He/she can also assign particular rights to a person to either copyright the work partly, entirely or subject to some limitations.
Publicly display the work- Copyright owners can make their work open to the public using broadcast or wireless distribution whether in any or more of the forms of symbols or visual images.
Performing sound recordings by digital audio transmission publicly.
Right of paternity and integrity- The Copyright Law grants the moral rights of paternity and integrity to the creators. The right of paternity or attribution indicates that the creator can maintain authorship over his work and have it attached to him. That is, whoever wants to reproduce or change the original work has to provide due credit to the author or else the author has the right to take the actions against the maker. For example, if a person needs to make a movie out of a book, he/she must properly acknowledge the author. The right of integrity preserves the right of the holder and lets him/her claim damages when someone changes, damages or alters his work creating disputation to his name and work

Legal Rights of Copyright Owner

The owner may claim authorship for published work under the right of paternity
The owner may reproduce the work in any tangible form & storing it in any medium by electronic means.
The owner may decide where to publish and where not under the right of publication.
The owner may perform in public, or communicate it to the public or he may make any translation or adaptation of the work.
The owner may take necessary preventive actions in case of image or reputation loss.
The owner may sell or transfer his or her work

The owner may sell or transfer his or her work

The following are the moral rights of an author of work:-

The original creator of the work has the right to claim the ownership of that work;
If there is any tampering with the original work, the creator shall have the right to claim damages. Tampering here includes distortion, modification or mutilation of the original work;
If by the omission or commission of any act of the assignee, any harm is being caused to the goodwill of the original creator, then he shall have the right to claim damages. It is important to note that such an act should have been done before the expiry of the term of the assignment.

Moral rights are such rights that are independent of the author’s copyright. It shall remain with the author even if he has assigned his copyright to someone.

Scope of copyright registration and protection

The Copyright Act, 1957 limits unauthorized usage of any original bookish, musical, dramatic, sound recordings, cinematograph and other artistic works. Both published and unpublished works can be copyrighted, and the copyright of the original work is held for the original creator.

If the work to be registered is unpublished, a copy of the book has to be sent along with the application for attaching the stamp of the Copyright Office in proof of the work having been registered. In case 2 copies of the book are sent, one copy of the same duly stamped will be returned, while the other will be held, as far as possible, in the Copyright Office for record and will be held confidential. It would also be open to the candidate to send only quotes from the unpublished work rather of the whole book and ask for the return of the quotes after being stamped with the authorization of the Copyright Office. When a work has been registered as unpublished and finally it is published, the candidate may apply for modifications in particulars entered in the Register of Copyright in Form 5 with the directed fee.

All kinds of bookish and artistic works can be copyrighted; you can also register a copyright application for your website or another computer program. Computer Software or programs can be registered as a ‘literary work’.

As per Section 2 of the Copyright Act, 1957 “literary work” comprises computer programs, tables, and compilations, including computer databases. ‘Source Code’ has also to be provided along with the application for certification of the copyright for software products. Copyright protection limits the excessive generation of private products or works and ensures the individual owner holds vital rights over his creation. Copyright protection of original bookish, musical, dramatic, and artistic works continues for the entire lifetime of the author. When the author dies the following 60 years after his death also no one can copy his or her content, logo, brand, etc. Copyright Registration of Creative work protects your Creativity from being Stolen or Duplicated, and gives you a Confirmed Legal Right over your creation.

Copyright Registration gives your Creative work a Legal Status, thereby making it an Intellectual Property, giving you exclusive Legal Right over your creation.

On the expiry of the term copyright the works belong to the public domain and anyone may reproduce them without permission.

Use of the copyrighted content

There are basically two instances of using a copyrighted content-

When prior permission is required to use a copyrighted content;
When no permission is required.

1. Cases where no prior permission is required-

Check if the Copyrighted content is in Public domain. If the work belongs to the public domain, then it won’t have any copyright owner. First, you need to understand the difference between the publicly available work and the work under the public domain. Publicly available work may or may not be under the public domain. Work under public domain signifies that it is not protected by the Copyright Law and can be used by anyone at any point of time without any hindrance. In India generally, this happens if the work has no copyright or it is been already expired, in that case, it comes under the public domain.
If you have released the work under the open License Whenever work is released under the open license like creative commons, that same work can be used by anyone as long as you comply with the terms and conditions of their copyright license.
If you can state the Fair use of work for using any work There is no need to take permission from the owner of the work if that work falls under the category of fair use. It may be a tricky business, so it is always advisable to take some expert advice on these issues

2. Cases when permission is required-

Who is the Owner of the Copyright? We all are creating copyrights work all the time knowingly or unknowingly. For example, writing an email, clicking a selfie etc. Finding the copyright owner may turn into a tricky business. Let’s take a look, what needs to be at the time of finding the copyright owner.
Creator of the work is alive or not The first step is to contact the creator of the work, the creator is alive. You must seek the written permission to use their work.
What if the Creator of the work has already assigned the work to someone else? If the creator of the work has assigned the work to someone else like a record label or publisher or created work as a part of their job, then you need to contact the entity. You could always contact the licensing department to seek permission. But, you need to keep in mind that work of the creator may be owned by some other entity, rather than whom he assigned earlier.
Does the creator of work have Performing rights Organizations and Reproduction rights? There are certain organizations, to which the creator of the work can subscribe to get the royalty on their work. These organizations are known as the Performing Rights organizations (PRO) and Reproduction Rights Organizations (RRO). PROs deal with the publicly related work on the national level, such as music. RROs deal with the work such as technical, medical and cultural work on the national and international level.

What if the author of the work is dead? If the author of the work dies, then it automatically passes on to the heir of the creator. But, it is not an easy task to track down the family members of the author. You can always look at the obituary online, in case of a famous author or may visit their Wikipedia page for more reference. It might be possible that the author of the work has some kind of foundation in the honor or a dedicated library. Sometimes, it happens that these authors of the work have a library or foundation on their name. In case the author passes away, the copyrights are granted to that foundation or library. You can always look on the internet to find the details of these authors.
If the Publisher is alive and Still in Business? If we look at the current scenario, authors tend to keep the rights to themselves rather than assigning to the publishers. You need to check whether the publisher has the authority over the work you are trying to use. You have to check, it may be possible that publisher has gone out of work or been taken over by another publisher and it is very difficult to find out the owner of the work, as it is not mandatory to file the application transfer of copyright registration.
It might be Possible that work you are trying to use doesn’t belong to anybody. There are orphan works in the market, whose rights holder can’t be determined and it seems impractical to establish the inheritance rights in these cases. Or the rightful owner was never aware of the rights to the copyrighted work. It usually happens when the copyright outlive their heirs because copyright lasts for a certain period of time after the author passes away

Prerequisites for Copyright Registration

Basic Details of Candidate: Basic details like Name, Address, and Nationality of the candidate are required before registration.
Soft Copies and CDs: Candidate must make a soft copy of his/her work and all files optionally in JPEG, JPG or GIF format. If you wish to file a copyright for your computer programs, then you must prepare 4 CDs or DVDs of the particular computer programs.
Get a Trademark Certificate for Artistic Work: If you are submitting copyright registration for any artistic work, a clear copyright search certificate has to be taken from the trademark office before submission. Search Certificate from Trade Mark Office (i.e. Form TM -60), if any.
Power of Attorney: If the candidate is registering copyright through any authorized firm or advocate, the power of attorney rightfully signed by the candidate is mandatory. A copyright registration benefits in the creation of assets i.e. and intangible assets and can be traded, franchised or commercially contracted. Every application has to be signed by the applicant as well as an Advocate in whose favor a Vakalatnama or a Power of Attorney (POA) has been executed
Every application for registration in respect of an artistic work which is or is capable of being used (in relation to any goods or services), such application shall include a statement to that effect and shall be accompanied by a certificate from the Registrar of Trade Marks referred to in Section 3 of the Trade Mark Act, 1999, to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that Act in the name of, or that applicant.
In respect of an artistic work which is capable of being registered as a design under the Designs Act, 2000, such application, shall be accompanied by a statement in the form of an affidavit containing the following, namely-

The Artistic work has not been registered under the Designs Act, 2000; and
(b) The Artistic work has not been applied to an article through industrial process and reproduced more than fifty times.

It is mandatory that the person applying for registration has to give notice of his application to every such person who claims or has any interest in the subject-matter of the copyright or disputes the rights of the applicant to it.

Benefits of Copyright Registration

Safeguard of Owner

With Copyright registration, copyright owner gets the exclusive rights over reproduction, distribution, adaptation, dissemination, and translation of the work. Copyright protection enables the owners to exhibit their work without the fear that it will be replicated without authorization.

Legal Protection

Creators enjoy exclusive legal protection when their work reproduced without authorization. Registering a Copyright makes it much easier to protect the original work against infringement.
Copyright protection gives prima facie evidence in case if the litigation proceeds. The proof is required to attest to anything in the court of law. Hence, here the copyright registration is very beneficial for creators.

Transfer of copyright

The rights can be passed or sold to a third party by the original copyright holder.

Brand value

A registered Copyright has a proof of ownership and you can use it for marketing and it also creates goodwill. Registered copyright tells others that you care about want you invented.

Restricts Unauthorized Reproduction

The registration will prove that you are serious about copyright infringement. This will help prevent illegal reproduction of the work as it gives the owner a host of legal support.

Public Record

When the registration of copyright is done, a clear public record is made that benefits the original creator to build his ownership over the said copyright.

Worldwide Protection

If the work is copyrighted in any other country then it gives the similar privilege to that work in India.
Works that are copyrighted in many other countries are allowed similar privileges here in India. Furthermore, works copyright registered in India are given protection in many foreign countries.

Copyright is an Asset

Copyright is an intellectual property for the owner, therefore, it is considered as an intangible asset which can be sold or franchised.
Registered copyrights are an intellectual property and the rights can be sold, franchised or commercially contracted.

Owner publicity

A copyright registration makes work known across the world and it becomes searchable in the copyright registry database. Once copyright registration is done it prevents the use of work without authorization of the author. The owner of registered copyright gets the rights to reproduce, disseminate and adapt and translate the work.

Economic Stability

Copyright registration helps in ensuring economic stability as the creator will be able to reproduce his/ her art in whatever form.

Market Presence

Copyright registration creates a public record of the work, and proof of ownership is established for the creative work.
Copyright helps in establishing credibility in Market
People will proceed with that content is original and not copied from anywhere and neither anyone else can steal the content.

After The Creators Death

After the creator’s death, protection can be extended. Copyright’s protection is not restricted up to the initial creators’ life span its validity is higher than any other intellectual property. It is for 60 years after his/her death also.

How to Register a Copyright?

1) Under Section 48 of Copyrights Act, registration of a Copyright shows that it is prima facie valid. This is a rebuttable presumption and it can be proved otherwise. However, the burden to show invalidity of the registration rests on the person asserting it. Unlike Trade Mark not all countries have a system for registration of a Copyright Work. Therefore, content creators and owners should make optimal use the system.

2) In order to register an Intellectual Property Right before the Customs Office to prevent import of unauthorized work, a registered copyright is essential. As laws and systems evolve, it is possible that a registered copyright may become mandatory to carry on trade akin to other trade licenses. In future it cannot be ruled out that a registered copyright may trump a common law user.Therefore, it is prudent to apply for copyright registration prior to commencing business.

3)The question is which work can be registered as a Copyright. Large number of works which are the creation of an author can be registered as a Copyright work. Some of them could include:

Literary work: These include books, articles, magazines, tables, Computer Program and Computer Databases and compilations. The applicant is required to file the work in the form of a printed book or a CD which has the entire book in one file
Dramatic work: This is the script of a drama. The work is to be filed in the form of a printed book or a CD which has the entire script.
Artistic work: These are a painting, drawing, work of architecture, photograph, map, plan etc. The applicant is required to file the art work in a printed form or a CD.
Musical Work: These are the musical notations. It does not include any song sung by any person. The applicant is required to file a CD.
Sound Recording: These are musical work and lyrics, Songs & Dialogues Recorded. The applicant is required to file a CD.
Cinematographic work: These are audio-visual works of any kind. Applicant is required to file a CD.
Software: These are instructions for operating a system or an App. The applicant is required to file a CD

4)The application has to be compulsorily filed online. It is not possible to file the application offline. The work and other documents are to be filed along with a printout of the online application at the Copyright office within 30 days of the online filing. The application is filed online and requires the applicant to fill in particulars:

Particulars of the applicant / owner of the Copyright,
Particulars of the author of the work
Description of copyright work viz. Literary or Sound Recording etc
Details of publication of the work in India with the details of the publisher and year of publication are to be mentioned.
Details of publication of the work outside India with the year of publication and name of publisher are to be mentioned.
A particular of the person and place where the original of the work is stored has to be mentioned.
A copy of the assignment from the author in favor of the applicant if the applicant and author is different person.
A notice of filing of the copyright application has to be sent by the applicant to the author if the applicant and author is different person
When the artistic work is capable of being registered as a trade mark, the applicant is required to obtain a certificate from the Registrar of Trade Marks that no such work is registered as a trade mark.

5)Recently, the Copyright Office has enabled search of pending applications and publication of applications which have been received for filing. The Copyright office will examine an application 30 days of this publication. Any person interested may thus lodge an objection against the application.

6)After filing of the application, it is examined by the Registrar of Copyright. Presently, the Copyright office appears to be conducting a formal evaluation of the application to verify the formal particulars of the application.

7)At the formal evaluation, the formal compliances are checked. For example: whether the assignment from the author is filed, authorization from the applicant in favor of the agent is filed, description of the work is correct and matches with the work claimed. Considering that applications are filed online by applicants directly, it makes sense to have a formal evaluation so that minor defects can be cured at the early stage itself. The Copyright office also considers whether the work is eligible for registration or not.

8)The applicant is given an opportunity to file a written response to the examination report / office objection.If the Registrar is satisfied with the written response, the application proceeds further. If the Registrar has any objection, generally, an opportunity of hearing is given.

9)If there is no outstanding objection, an entry is made in the Copyright Register of the Registration.An extract of the Copyright Register is sent to the Applicant.

10)A copyright registration is valid for the full term of the copyright.The Copyright office is completing the entire process within 8 to 10 months in some cases which are straight forward cases of registration.

Essential documents required for copyright registration

Though there are some special requirements for different kinds of work, broadly the essential requirements are:

3 copies of the work if the work is published;
If the work is not published, then 2 copies of manuscripts;
If the application is being filed by an attorney, then special power of attorney or vakalatnama signed by the attorney and the party;
Authorization in respect of work, if the work is not the work of the applicant;
Information regarding the title and language of the work;
Information regarding the title and language of the work;
Applicant must also provide his mobile number and email address;
If the applicant is not the author, a document containing the name, address and nationality of the author, and if the author is deceased, the date of his death;
If the work is to be used on a product, then a no-objection certificate from the trademark office is required;
If the applicant is other than the author, a no-objection certificate from the author is required. In this case, an authorization of the author may also be required;

Though there are some special requirements for different kinds of work, broadly the essential requirements are:

If a person’s photo is appearing in the work, then a no-objection certificate from such person is required;
In case the publisher is not the applicant, a no-objection certificate from the publisher is required;
If the work is published, the year and address of first publication is also required;
Information regarding the year and country of subsequent publications;
In case of copyright is for software, then source code and object code are also required.

Documents Required for Registration of Copyright:
In case of online application:

Type of Work	Documents to be submitted online
Artistic	Authorization from author Search Certificate from Trade Mark Office (TM -60) with their forwarding letter If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
Cinematographic Films	Authorization from author/publisher If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
Music	Authorization from author/publisher If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
Literary/ Dramatic	Authorization from author/publisher If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
Sound Recording	Authorization from author/publisher If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
Software	Authorization from author/publisher If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Organizational Structure

Forms for the copyright

S.No	Forms	Particulars
1	FORM-I	Notice of Relinquishment of Copyright
2	FORM II	Application for Compulsory Licenses for Works Withheld from Public
3	FORM III	Application for Compulsory License for Publication/ Communication to the Public/Translation
4	FORM IV	Notice for Termination of License
5	FORM V	Application for a Compulsory License for Disabled Persons
6	FORM VI	Application for License for Translation
7	FORM VII	License for Publication, Translation and Reproduction of Work
8	FORM VIII	Application Form for Permission to carry on Copyright Business and for registration as a Copyright Society
9	FORM IX	Application Form for Re-Registration or Renewal of Registration of a Copyright Society
10	FORM X	Certificate Of Registration Under Section 33(3) Of The Copyright Act, 1957
11	FORM XI	Application Form for Permission to carry on Business and for Registration as a Performer’s Society
12	FORM XII	Application Form for Re-Registration or Renewal of Registration as a Performer’s Society
13	FORM XIII	Form of Register of Copyrights
14	FORM XIV	Application for Registration of Copyright
15	FORM XV	Application for registration of changes in the particulars of copyright entered in the Register of Copyrights
16	FORM XVI	Notice Under Section 53 Of The Act
17	Proforma	Proforma for discrepancy letter

Copyright Societies

Collective administration of copyright by societies is a concept where management and protection of copyright in works are undertaken by a society of authors and other owners of such works. No authors and other owner of copyright in any work can keep track of all the uses others make of his work. When he becomes a member of a national copyright society, that society, because of its organizational facilities and strength, is able to keep a better vigil over the uses made of that work throughout the country and collect due royalties from the users of those works. Because of the country’s membership in international conventions, the copyright societies are able to have reciprocal agreements with similar societies in other countries for collecting royalties for the uses of Indian works in those countries. Therefore, it is in the interests of copyright owners to join a collective administration organization to ensure better protection to the copyright in their works and for reaping optimum economic benefits from their creations. Users of different types of works also find it easy to obtain licenses for legal exploitation of the works in question, though the collective administrative society. One of the primary functions of a copyright society is to oversee and regulate the issuance of licenses and collection of royalties in respect of works, on behalf of the owner. No person or group shall perform the aforesaid function without being registered as a society under the provisions of the Indian Copyright Act while the same does not preclude the owner, in his capacity from doing the same and is registered under the Central Government.

A copyright society is a registered collective administration society under Section 33 of the Copyright Act, 1957. Such a society is formed by authors and other owners. The minimum membership required for registration of a society is seven. Ordinarily, only one society is registered to do business in respect of the same class of work. A copyright society can issue or grant licenses in respect of any work in which copyright subsists or in respect of any other right given by the Copyright Act. The business of issuing or granting license in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph films or sound recordings shall be carried out only through a copyright society duly registered under this Act. This is a kind of compulsory collective licensing for managing of performing rights. The registration granted to a copyright society shall be for a period of five years and may be renewed from time to time before the end of every five years on a request in the prescribed form and the Central Government may renew the registration after considering the report of Registrar of Copyrights on the working of the copyright society under section 36. The renewal of the registration of a copyright society shall be subject to the continued collective control of the copyright society being shared with the authors of works in their capacity as owners of copyright or of the right to receive royalty. Every copyright society already registered before the Copyright (Amendment) Act, 2012 came into existence shall get itself registered under this Chapter within a period of one year from the date of commencement of the Copyright (Amendment) Act, 2012.

Pre-requisites of copyright society registration

To form a society, the minimum membership requirement is seven
Name and address of the association of persons making the application
The right or set of rights in specific categories of works in respect of which the applicant proposes to carry on the copyright business.
The certificate to show that the applicant has a separate legal personality.
Name, address and profession or occupation of the persons who comprise the applicant.
Details of works in which copyright of such individuals subsist.
The territory or territories to which the business of the applicant shall extend.
The names, addresses and profession/occupation of individuals comprising the Governing Body of the applicant in whom the ultimate management, control and direction of the applicant is vested.
The capacity in which such individual has become a member of Governing Body. (i.e. author or other owner of the rights)
Address of the registered or administrative office of the applicant at which its records will be maintained and kept and the designation of the chief executive officer of the applicant with address on which communications may be served.
Financial position of the applicant on the date making the application i.e., last audited balance sheet and income and expenditure account/bank balance.
Documents mentioned in rule 48.
Signature along with the name of the members of the governing body.
Name and signature of the chief executive officer.

Copyright Societies Registration

An application shall be signed by the Chairman, all other members of the Governing Council (by whatever name called) with such number of persons elected from among the members of the society consisting of equal number of authors and other owners of right, if any, for the purpose of the administration of the society and the Chief Executive Officer of the applicant (who need not be a member).

The business of issuing or granting license in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph film or sound recording shall be carried out only through a copyright society duly registered under section 33 of the Act.

Membership of every copyright society shall be open to all the authors and other owners of a right or set of rights in specific categories of works for which it is registered.

The applicant shall not carry out the business by way of sub-licensing or transferring the rights of collection and distribution of royalties in respect of a right or set of rights in specific categories of works to any other person or copyright society. Provided that applicant may enter into agreement with any foreign society or organization administering rights corresponding to the right or set of rights administered by the applicant to entrust to such foreign society or organization the administration in any foreign country of the right or set of rights administered by the applicant, or for administering in India the rights administered in a foreign country by such foreign society or organization under sub-section (2) of section 34 of the Act.

Application and conditions for re-registration or renewal of existing copyright societies.—

A Copyright society registered section 33 and desirous of carrying on the business as a copyright society shall submit an application for re-registration in Form-IX to the Registrar of Copyrights within a period two months from the date of Coming into force of these rules.
A Copyright society registered under this chapter may apply for renewal of its registration within a period of three months before the expiry of its registration. The application for such renewal shall be made to the Registrar of Copyrights in Form-IX for submission to Central Government for grant of permission to continue with its business and the Central Government may renew the registration of the society for a further period of five years after considering the report of the Registrar of Copyrights on the working of the copyright society.
In case of renewal of registration the applicant shall submit a copy of resolution passed by the General Body declaring that all the royalties collected till the previous accounting year have been distributed to all accessible members and no complaint in this regard is pending.

The applicant in case of re-registration or renewal of registration shall submit necessary documents indicating re-election to the Governing Council including its Chairman.

As per rule 14 of the Copyright Rules, 1958, an applicant of a Copyright Society shall not be eligible to be considered for such registration unless:

After the Applicant is established or it creates a commitment on it to deal with only copyright business and other activities ancillary thereto and
(ii).The Applicant is willing to comply with the provisions of the Act and the rules made there under.

Documents accompanying applications.—

Every application made under rules 44 and 47 shall be accompanied by—

true copy of the instrument by which the applicant is established or incorporated;
the consent in writing of the individuals named in the application to act as members of the Governing Council of the applicant;
a declaration containing the objectives of the applicant, the bodies through which it will function and arrangements for accounting and auditing;
an undertaking to the effect that the instrument by which the applicant is established or incorporated provides for conforming the same to the provisions of the Act and these rules;
a copy of the Register of authors and owners containing the list of the authors and other owners of rights, their names and addresses;
a statement as to the changes, if any, made in the instrument since the last General Body in case of application made under rule 47; and
copies of various schemes as mentioned in this chapter as approved by the General Body in case of application made under rule 47.

Procedure of Copyright Societies Registration

Any group of persons, consisting of seven or more authors or owners of copyright (hereinafter referred to as ‘Applicant’) formed for the purpose of carrying of business of issuing or granting licenses in respect of any class of works for which it is registered may file an application with the Registrar of Copyrights on Form VIII. Every application shall be accompanied with:

A true copy of the application by which the Applicant is established or incorporated.
Consent of all the members included in the application to act as members of the Governing Body of the Application.
A declaration containing the objectives of the Applicant, the bodies through which it will function and arrangements for accounting and auditing.
An undertaking to the effect that the instrument is established or incorporated provides for confirming the same to the provisions of the Act and these Rules.

The registration duration for a copyright society is for a period of five (5) years which may be renewed from time to time before the end of five years by filing an application with Registrar of Copyrights under Form IX. However, discretion rests upon the Central Government to renew the registration which is done after considering the report of Registrar of Copyrights on the working of the copyright society under Section 36.

Submit an application in Form VIII to the Registrar of Copyrights as early as possible

Copyright Society must maintain proper accounts and other relevant records and prepare an annual statement of accounts.

They have to maintain the accounts in the form and the manner as prescribed by the Central Government in consultation with the C

The accounts of each Copyright Society in relation to the payments received from the Central Government will be audited by the C

If expenses incurred in connection with such audit, then it will be payable by the Copyright Society to the Comptroller and the Auditor General

The Comptroller and the Auditor General or any other person appointed by him in connection with the audit of accounts has the right to demand the production of books, accounts and other documents and papers and to inspect any of the officers of the Copyright Society for the purpose only of such audit.

counts of each of the Copyright Societies as certified by the Comptroller and Auditor General together with the Central Government who shall cause the same to be laid before each House of Parliament.

14 M of the Copyright Rules, 1958, every Copyright Society shall maintain proper accounts of the fees and royalties collected in a financial year, payments made out of such collections to the owners of rights and other expenditure incurred for meeting administrative expenses and related matters with the approval of the owners or rights. However, a Copyright Society shall not spend more than fifteen percent of its collection towards its administrative expenses.

Every Copyright Society shall get its accounts audited by a Chartered Account annually

Conditions for registration of a Copyright Society

(1). When an application for registration is submitted to the Central Government through the Registrar of Copyrights, that Government may, within a period of sixty days from the date of its receipt by the Registrar of Copyrights either register the applicant as a copyright society

(2). The application shall be rejected if the following grounds are present, but only after giving the Applicant an opportunity to being heard —

the applicant has no professional competence to carry on its business or has no sufficient funds to manage its affairs; or
there exists another copyright society registered under the Act for administering the same right or set of rights in the specific categories of works and it is well functioning; or
the Central Government has reason to believe that the members of the applicant are not bona fide copyright authors or other owners or they have not voluntarily signed the instrument setting up the applicant or the application for registration; or
the application is found to be incomplete in any respect, reject the application;
Provided that no such application shall be rejected without giving an opportunity of being heard to the applicants.

(3). Upon the registration of a copyright society by the Central Government, the Registrar of Copyrights shall issue a certificate of registration in Form-X under his hand and seal.

(4). On and from the date of its registration as specified in the certificate of registration, the copyright society shall be entitled to commence and carry on the permitted copyright business in the name by which it has been so registered and the applicant shall-

maintain its own website giving all information pertaining to its activities; and
have proper infrastructure such as office building and necessary officials for management such as Chief Executive Officer, licensing officers, legal officers and accountants and other required staff appointed at the time of applying for registration.

(5). The Copyright Society shall carry on business of issuing or granting licenses only in respect of the right or the set of rights in the specific categories of works for which it is registered and shall not issue or grant license in respect of any other right or set of rights in those or other categories of works for which it is not registered.

Order of inquiry, suspension of registration and appointment of administrator

(1). If the Central Government, on a complaint of the Registrar of Copyrights or a member of the copyright society, has reason to believe that the copyright society is being managed in a manner detrimental to the interests of its members concerned or for non-compliance of requirements under sections 33A, subsection(3) of section 35 and section 36 of the Act or any change carried out in the instrument by which the copyright society is established or incorporated and registered by the Central Government, without prior notice to it shall, provide a copy of the complaint to the society and require the society to submit a written statement within fifteen working days.

(2). If, after considering the written statement furnished by the society, the Central Government is prima facie satisfied:-

it shall order an inquiry under sub-section (4) of section 33, into the allegations and appoint an inquiry officer not below the rank of a Deputy Secretary to the Government of India for holding an inquiry. During inquiry, if the Central Government is of the opinion that in the interests of the members concerned, it is necessary so to do, it may, by order, suspend the registration of the society for a period not exceeding one year, and shall appoint an administrator to discharge the functions of the copyright society; or
it may, in the interests of the members concerned, suspend the registration of the society for a period not exceeding one year and appoint an administrator to discharge the functions of the copyright society and further order an inquiry as per clause

(3). The person appointed as administrator shall be a person with sufficient experience in administration or accounting of copyright matters.

Procedure for holding inquiry

On the complaint of the Registrar or any of the owners of the rights, has reason to believe that a Copyright Society is being managed detrimental to the interests of the owners of rights concerned , it may after making an inquiry in the following manner, cancel or suspend the registration of the Copyright Society made there under these rules, namely -The Central Government by sending a copy of the complaint to the society shall ask for a written statement of its defense within a specified time. The inquiry officer appointed under Rule 50 shall conduct the inquiry having regard to the principles of natural justice.

After receiving the written statement, the Central Government if satisfied that a prime facie case, it shall order an inquiry by appointing an Inquiry Officer.
The Inquiry Officer shall conduct an inquiry based on the principles of natural justice.
The inquiry officer may, if he considers necessary, engage a chartered accountant or an audit officer in the office of the Comptroller and Auditor-General of India or any legal, financial, copyright consultant to assist him in the inquiry. He may take the assistance of other such as chartered accountant, an audit officer etc.
The copyright society concerned shall render all assistance and shall make available all such documents as may be called for by the inquiry officer to enable him to complete the inquiry within a period of three months or such further time as may be allowed by the Central Government.
On the basis of the report of the Inquiry Officer, the Central Government shall take action and if the complaints are found true, the Government shall cancel the registration of the Copyright Society.

Powers and Functions of the Administrator—

On appointment of the administrator under rule 50 read with sub-section (5) of section 33 of the Act, all powers of the copyright society shall vest in him and all other representative bodies or committees of the copyright society other than the general body shall stand dissolved
The administrator shall arrange for the reconstitution of the dissolved bodies before the expiry of the period of suspension failing which, the bodies so superseded shall stand revived at the end of the period of suspension for their remaining term, excluding the period of suspension.

Suspension of Registration:

Under Rule 14 D of the Copyright Rules, 1958, the Central Government may suspend the registration of the Society and appoint an administrator. According to Rule 14 E administrator has powers to administer the Copyright Society.

Cancellation of registration of a copyright society

The registration of a copyright society as such may be cancelled by the Central Government after giving the copyright society a reasonable opportunity of being heard, if —

(a). any of the particulars furnished in the application for registration is, at any time, found to be untrue or incorrect and misleading in any manner; or

(b). after holding an inquiry by an officer duly appointed by the Central Government, the Central Government is satisfied that-

the copyright society failed to cooperate with the inquiry officer; or
the complaints against the copyright society are found to be true; or
the copyright society is being managed in a manner detrimental to the interests of the members concerned; or
the copyright society persistently fails to manage its affairs properly; or
the copyright society failed to distribute the royalties as per the scheme; or
the copyright society persistently fails to properly maintain its accounts and get them audited; or
the copyright society utilizes its funds for purposes other than those mentioned in the instrument; or

(c). the society has not complied with-

section 33A of the Act regarding the publication of Tariff scheme by the copyright society; or
sub-section 3 of section 35 of the Act regarding equal representation of authors and other owners of rights in the Governing Council of copyright society as specified in rule 44; or
section 36 of the Act regarding submission of returns and reports to the Registrar of Copyrights by copyright society; or
the procedure for obtaining approval of authors and other owners of right for collection and distribution of royalty; or

the society is issuing or granting license in respect of the right or set of rights in the specific category of works for which it is not registered.

Under Rule 14 D of the Copyright Rules, 1958, the Central Government may suspend the registration of the Society and appoint an administrator. According to Rule 14 E administrator has powers to administer the Copyright Society.

Power of copyright Society

As per Copyright Rules, 1958: Conditions subject to which a Copyright Society may accept authorization and an owner of rights may withdraw such authorization:

According to Rule 14 G of the Copyright Rules, 1958, a Copyright Society may accept from an owner of rights or his duly authorized agent, exclusive authorization to administer any right in a work. If such owner or such agent enters into an agreement, in writing with the Copyright Society specifying the rights to be administered, the duration for such rights are authorized to be administered the quantum of fees agreed to and the frequency at which such fees shall be paid by the Copyright Society in accordance with its scheme of Tariff and Distribution. The owner of copyright shall be free to withdraw authorization in case the copyright society fails to fulfill its commitment as laid down in the agreement, but with a prior notice of sixty days and without prejudice to the rights under the agreement.

Conditions, subject to which a Copyright Society may issue licenses, collect fees and distribute such fees:

According to Rule 14 H of the Copyright Rules, 1958, A Copyright Society may issue licenses and collect fees only in those works and for the prescribed period they are authorized to administer in writing by the owners of the rights. Copyright Society may issue license and collect fees in accordance with its Scheme of Tariff. The distribution of fees collected shall be subject to a deduction not exceeding fifteen per cent of the collection on account of administrative expenses incurred by the Copyright Society.

Procedure for obtaining approval of owners of rights for collection and distribution of fees, etc:

According to Section 14 I of the Copyright Rules, 1958, every Copyright Society shall maintain the following registers at its Registered or Administrative Office.

A register of owners of copyright and other rights to be called the ‘Register of Owners’ in respect of which the Copyright Society has been authorized by the owners to issue or grant licenses

The Register shall contain the:

names of the owners,
their addresses,
the nature of rights authorized to be administered by the Copyright Society,
date of publication of the work,
the date on which the Copyright Society becomes entitled to and the duration of such rights.

A Register to be called the “Register of Agreements” containing a copy of every agreement entered into by the Copyright Society with owners for the purpose.

A Register called “Register of Fees” containing particulars of fees and mentioning the name of persons or organizations from whom the fees have been realized and the date of realization.

A Register to be called the “Disbursement Register”. It contains the details of disbursements, made to each owner of copyright, category wise mentioning the name of the owner, nature of his copyright and the date and disbursement made to him.

Control over the Copyright by the owner of rights:

Every Copyright Society will be subject to the collective control of the owner of rights whose rights it administers in India. Foreign Societies are exempted from this power. It shall in such manner as may be prescribed:

obtain the approval of such owners of rights for its procedure of collection and distribution of fees,
obtain approval of the owners of rights for utilization of any amounts collected as fees for any purpose other than distribution to the owners of rights, and
provide to such owner regular full and detailed information concerning all its activities in relation to the administration of their rights.
All fees distributed among the owners of rights should, as far as may be, distributed in proportion to the actual use of their works. (Section 35).

Rights and liabilities of the Performing Right Societies:

This provision relating to Copyright Societies will not affect any rights or liabilities in any work in connection with the Performing Right Society which has accrued or were incurred on or before the day prior to the commencement of the Copyright Act, 1994 or any legal proceedings in respect of rights and liabilities on that day. (Section 36)

Functions of a copyright society

Conditions, to which a copyright society may issue licenses, collect fees and distribute such fees.

1) A copyright society may issue licenses and collect fees in accordance with its Scheme of Tariff in relation to only such works as it has been authorized to administer in writing by the authors and other owners of rights and for the period for which it has been so authorized.

2) The distribution of fees collected shall be subject to a deduction not exceeding fifteen per cent of the collection on account of administrative expenses incurred by the copyright society.

3) Every copyright society shall be subject to the collective control of the author and other owners of rights under this Act whose rights it administers (not being author and other owners of rights under this Act administered by a foreign society or organization.

4) Provide to such owners regular, full and detailed information concerning all its activities, in relation to the administration of their rights.

5) All fees distributed among the owners of rights shall, as far as may be, be distributed in proportion to the actual use of their works.

6) Every copyright society shall have a governing body with such number of persons elected from among the members of the society consisting of equal number of authors and owners of works for the purpose of the administration of the society as may be specified.

7) All members of copyrights society shall enjoy equal membership rights and there shall be no discrimination between authors and owners of rights in the distribution of royalties.

Records to be maintained by copyright societies

Every copyright society shall maintain the following registers at its registered or administrative office—

a register of authors and other owners to be called the “Register of Authors and Other Owners” in respect of right or set of rights in the specific categories of works for which the copyright society has been authorized to issue or grant licenses. The register shall contain the names of the authors and other owners, their addresses, the nature of rights authorized to be administered by the copyright society, year of publication of the work, the date on which the copyright society becomes entitled to issue or grant licenses and the duration of such entitlement, the territory for which the authorization has been given and the rights that have been so authorized;
a register to be called the “Register of Agreements” containing a copy of every agreement entered into by the copyright society with the authors and other owners for the purpose;
a register to be called the “Register of Royalties” containing particulars of royalties and mentioning the names of persons or organizations and copy of the license agreements from whom the royalties have been realized, and the amount so realized including the date of realization;
a register to be called the “Disbursement Register” containing details of disbursement of royalties made to each author or other owner of right or set of rights in the specific categories of works, category-wise, mentioning the name of the author or other owner, nature of his right and the date and amount of disbursement of royalty made to him.

Tariff Scheme by copyright societies

(1) As soon as may be, but in no case later than three months from the date on which a copyright society has become entitled to commence its copyright business, it shall frame a scheme of tariff to be called the “Tariff Scheme” under section 33A of the Act setting out the nature and quantum of royalties which it proposes to collect in respect of the right or the set of rights in the specific categories of works administered by it.

(2) Every copyright society shall display its Tariff Scheme by posting it on its website.

(3) The Tariff Scheme shall indicate the separate rates for-

different categories of users;
different media of exploitation, such as telephone, broadcast or internet;
different types of exploitation whether by an individual or by groups or whether single or multiple use or for advertising;
different durations of use and territory; and
any other differentiation factor indicated by the society, as it may deem fit.

(4) While fixing the tariff the copyright society shall follow the guidelines issued by any Court or the Board, if any, and may consult the user groups.

(5) The copyright society shall collect the royalties from a licensee in advance where the Tariff Scheme provides for lump sum payment of royalties. In cases where the Tariff Scheme provides for payments in installments, each installment shall be collected in advance. However, in cases where the Tariff Scheme provides for the payment of royalties based on actual use, the copyright society may collect an advance at the time of issue of license and settle the final payment based on actual use at the end of the period for which the license is issued or granted. Provided that the copyright society shall not receive any payment in the nature of minimum guarantee from a licensee whose royalty payments are based on actual use which are to be settled with the society at the end of the license period except where, any exceptional circumstances are specifically included in the Tariff Scheme and the individual case has been approved by the Governing Council.

(6) The copyright society may revise the Tariff Scheme periodically but not earlier than a period of twelve months by following the rules. It shall publish the date of coming into of the revised Tariff Scheme at least before two months in advance and the same shall be posted on its website.

Appeal to the Board on Tariff Scheme— the Copyright Board has been merged with Appellate Board

(1). Any person aggrieved by the Tariff Scheme may appeal to the Board under section 33A along with the fee specified in the Second Schedule.

(2). The Board, if satisfied with the ground of the appeal, shall-

serve a copy the appeal to the copyright society; and
give an opportunity to the appellant and also, to the copyright society, to be heard and may take such evidence in respect of the appeal, as it may deem fit.

(3). The appellant shall pay to the copyright society any interim tariff fixed by the Board that has fallen due before filing an appeal to the Board.

(4). The Board may after hearing the parties fix an interim tariff and direct the appellant to make the payment accordingly pending disposal of the appeal.

(5). The Board shall determine the Tariff Scheme of the copyright society under section 33A, after taking into consideration:

the prevailing standards of royalties in regard to such commercial exploitation of works; and
such other matters as may be considered relevant by the Board.

(6). The Board shall dispose of the appeal within a period of three months from the date of its filing.

Every copyright society shall publish its tariff scheme in such manner as prescribed in the Copyright Rules, 2013. It helps to set out the nature and quantum of fees or royalties which it purposes to collect in respect of such copyright or other rights administered by it within three months from the date on which it has become entitled to commence its copyright business. Any person who is aggrieved by the tariff scheme may appeal to the Board and the Board may, if satisfied after holding such inquiry as it may consider necessary, make such orders as may be required to remove any unreasonable element, anomaly or inconsistency therein. The aggrieved person shall pay to the copyright society any fee as may be prescribed that has fallen due before making an appeal to the Board and shall continue to pay such fee until the appeal is decided, and the Board shall not issue any order staying the collection of such fee pending disposal of the appeal. The Board may after hearing the parties fix an interim tariff and direct the aggrieved parties to make the payment accordingly pending disposal of the appeal.

Distribution Scheme

(1). A copyright society shall frame a scheme to be called the “Distribution Scheme” setting out the procedure for distribution of royalties specified in the Tariff Scheme among the members whose names are entered in the Register of Authors and Owners maintained under clause (i) of rule 59 for the approval of the General Body of the society, as soon as may be, but in no case later than three months from the date on which a copyright society has become entitled to commence its copyright business.

(2). The distribution shall, reasonably, be in proportion to the royalty income of the copyright society derived from the grant of licenses for right or set of rights in the specific categories of works for which it is administering each author and other owners of right.

(3). There shall be no discrimination between authors and other owners of rights in the distribution of royalties by the copyright society.

(4). While distributing the royalties the copyright society shall inform all members about the basis on which such amount of royalties are being distributed.

(5). The Distribution Scheme shall aim to ensure that all royalty distributions are fair, accurate, cost effective and without any unknown or hidden cross subsidies.

(6). The society shall fix parameters in a transparent manner for determining the share of distribution of its members and reveal the details of the same in a manner that is easily understandable to its members.

(7). The distribution of royalties shall be based on actual use or reliable statistical data that fairly represent the commercial exploitation of the licensed rights.

(8). The Distribution Scheme shall ensure that the royalties to all members are distributed at least once in a quarter.

(9). The copyright society shall not make any payment in the nature of minimum guarantee to its members against the share of royalties due to its members.

(10). The royalties collected based on the Tariff Scheme for the licensing of the rights in the literary or musical works included in a cinematograph film or sound recording shall be shared on an equal basis with the authors of literary or musical works and the owners of rights in cinematograph film or sound recording under sub-section (1) of section 18.

Management of Copyright Society

(1) Every copyright society shall have-

a General Body consisting of all the authors and other owners of a right or set of rights in the specific categories of works for which the copyright society has been authorized to issue or grant licenses;
a Governing Council with a Chairman and a minimum of six other members; and
a Chief Executive Officer (who may or may not be a member of the society).

(2) The General Body shall be the decision making body of the society. All the powers necessary for the purpose of effective management of the society shall be with the General Body and the Governing Council may act as per the directions of the Governing Body.

(3) The Chairman shall be elected by two-third of the majority of all the members present and voting in the General Body meeting of the Copyright Society.

(4) The Chairman of the Governing Council shall chair the General Body.

(5) The Chairman shall have the right to vote in the General Body and the Governing Council.

(6) The members other than the Chairman of the Governing Council shall represent equally from authors and other owners, elected from the General Body by the majority of members present and voting in the General Body meeting of the Copyright Society.

(7) The Chairman and other members of the Governing Council shall be elected for a period of two years and the members shall not be eligible for re-election for a period of two years from the date of completion of their term as members.

(8) The General Body may create sub-committees for preparing Tariff Scheme, Distribution Scheme, Welfare Scheme and such other matters relating thereto, under the supervision of the Governing Council.

(9) The General Body shall approve the instrument of the society including any subsequent changes made to it.

Approval of Schemes—

(1). The copyright society shall call a General Body meeting to approve any Scheme, as soon as it has been prepared by the Governing Council in these rules.

(2). A notice of not less than twenty-one days for the meeting shall be given to every member and a copy of the proposed Scheme together with a note explaining the guiding principles followed in the making of the said Scheme shall be annexed to the notice and the same shall be posted on the website of the society.

(3). The notice under sub-rule (2) shall specify that any member who objects to the Scheme shall be entitled to withdraw the authorization given to the copyright society to administer any right in his work from the date of commencement of the said Scheme.

(4). The copyright society shall keep a record of the members who have given their approval and those who have objected thereto.

(5). Approval of the Schemes shall be by a majority of members present in person and voting.

(6). The copyright society shall not amend any approved Scheme except with the prior approval of the General Body.

Meetings of copyright societies

(1). Every copyright society shall hold a General Body meeting of all its members as its annual General Body meeting before the 31st day of March every year. Every Copyright Society shall, within a period of twelve months (12 months) from the holding of the meeting in pursuance of sub-rule (1) of Rule 14 L, hold a general meeting of owners of rights, herein called the annual general meeting of owners. However, a special meeting of the owners of rights may also be held, if considered necessary. The meetings of owners of rights shall be held in the town or city in which Registered or Administrative office is situated and the notice calling the meeting shall specify the time, date and address of the venue of the meeting.

(2). A special meeting of the General Body called extra ordinary General Body (EGM) meeting of all its members may also be held, if considered necessary, by two thirds majority of the Governing Council.

(3). The meetings of General Body and Governing Council shall be held in the town or city in which its registered office is situated or such other convenient place as decided by the Chairman of the society.

(4). The notice for General Body meeting shall be issued before twenty-one days of the meeting and it shall and specify the agenda, time, date and address of the venue of the meeting and the same shall be posted on the website of the society.

(5). Every member of the society shall have equal voting rights in the General Body meetings.

(6). There shall be no discrimination between members who are authors and other owners of right.

(7). Quorum for meetings of the General Body shall be one third of the total members and in case of lack of quorum the meeting may be adjourned for thirty minutes and then members present shall constitute quorum.

(8). Quorum for the meetings of the Governing Council shall be one third of its total members other than the Chairman with equal number of authors and other owners.

(9). The Registrar of Copyrights shall be invited as an observer to all General Body meetings. The Registrar or his authorized representative on his behalf may attend the said meeting.

(10). After the preparation of the Tariff Scheme and the Distribution Scheme, the Copyright Society shall call a general meeting of the owners of rights whose names are recorded in the ‘Register of Owners’ to approve the same.

(11). A notice shall be annexed with a copy of proposed Tariff Scheme and Distribution Scheme, shall be given to each owners of rights of the meeting, of not less than twenty- one clear days.

(12). The above notice shall specify that any owner of rights who objects to the Tariff Scheme or Distribution Scheme shall be entitled to withdraw the authorization given to the Copyright Society to administer any right in his work.

(13). The Copyright Society shall keep the record of the owners of rights who gave have given their approval and those who have rejected thereto.

(14). Approval by owners of rights for the Schemes shall be by a majority of such owner present in person.

(15). The quorum for a general meeting shall be one- third of the members. The Copyright Society shall not amend an approved Tariff Scheme or Distribution Scheme except with the consent of the owners obtained at a subsequent general meeting called for the purpose.

Documents to be presented at the Annual General Meeting of Owners of Rights

Every copyright society shall place before its annual General Body meeting the following documents, namely:—

an up-to-date list of the authors and other owners of right or the set of rights in the specific categories of works for which the copyright society has been authorized to issue or grant licenses, their names and addresses as recorded in the Register of Authors and Owners maintained by the copyright society, as provided in sub rule (i) of rule 64;
audited accounts of the society for the previous year;
the Tariff Scheme and the Distribution Scheme or any other scheme including the decision of the IPAB on the said Schemes, if any;
annual report as approved by the Governing Council, giving full and detailed account of all its activities during the previous years;
Budget estimates along with programme of action as approved by the Governing Council for the succeeding year;
the agreements, if any entered with foreign copyright societies under subsection (2) section 34 of the Act;
any changes made in the instrument of registration of the society; and
any other document relating to the society that require approval of the General Body
A statement approved by its Governing body (by whatever name called) setting out a full and detailed account of all its activities during the previous year

Accounts and audit

(1) Every copyright society shall maintain proper accounts of the royalties collected in a financial year, payments made out of such collections to the members and other recurring and nonrecurring expenditure incurred for meeting administrative and related matters, including the cost of litigations.

(2) The books of account shall be kept in the registered office of the society and shall be open for inspection of the members from time to time as per the conditions laid down by the General Body.

(3) Every copyright society shall get its accounts audited by a chartered accountant annually.

Records to be maintained by copyright societies—

Every copyright society shall maintain the following registers at its registered or administrative office-

A register of authors and other owners to be called the “Register of Authors and Other Owners” in respect of the right or the set of rights in the specific categories of works for which the copyright society has been authorized to issue or grant licenses. The register shall contain the names of the authors and other owners, their addresses, the nature of rights authorized to be administered by the copyright society, year of publication of the work, the date on which the copyright society becomes entitled to issue or grant licenses and the duration of such entitlement, the territory for which the authorization has been given and the rights that have been so authorized;
A register to be called the “Register of Agreements” containing a copy of every agreement entered into by the copyright society with the authors and other owners for the purpose;
A register to be called the “Register of Royalties” containing particulars of royalties and mentioning the names of persons or organizations and copy of the license agreements from whom the royalties have been realized, and the amount so realized including the date of realization;
A register to be called the “Disbursement Register” containing details of disbursement of royalties made to each author or other owner of the right or set of rights in the specific categories of works, category-wise, mentioning the name of the author or other owner, nature of his right and the date and amount of disbursement of royalty made to him.

Submission of returns and reports-Returns to be filed by the copyright societies with the Registrar of Copyrights—

Every Copyright Society should submit to the Registrar of Copyright such returns as may be prescribed. Any officer duly authorized by the Central Government in this behalf may call for any report and also records of any Copyright Society for seeing that the fees collected are being utilized or distributed in accordance with the provision of the Act Every copyright society shall file a return called the annual return with the Registrar of Copyrights within one month from the date of conclusion of each annual General Body meeting setting out the following details, namely:—

the date of the annual General Body meeting held immediately preceding the filing of the annual return, the number of members who attended the meeting, agenda and the minutes of such meeting;
the up-to-date list of the members, their names and addresses as recorded in the Register of Authors and Owners maintained by the copyright society, as provided in rule 64;
audited accounts of the copyright society;
the Tariff Scheme, Distribution Scheme and other Schemes, if any;
annual report approved by the General Body giving full and detailed account of all its activities during the year; and
the list of the members to whom royalties are not distributed and the reasons for the same; and
the list of the members to whom royalties have been distributed together with the amounts so distributed.

Code of Conduct for copyright societies

Every copyright society shall conform to the following Code of Conduct as follows:-

(1) Every Society shall make available on its website-

certificate of registration as a Copyright Society;
basic documents of governance such as memorandum of association, articles of association, constitution or charter;
list of all members of General Body;
names and address of Chairman, other members of the Governing Council and other officers of the society;
right or the set of rights in the specific categories of works for which the copyright society has been authorized to issue or grant licenses;
all schemes of the society;
annual report and audited accounts as approved by the General Body;
license agreement formats;
details of all existing licenses other than those clauses in the license having commercial sensitivity;

foreign societies with whom there are agreements to collect royalties and the details of the agreement other than those clauses having commercial sensitivity;
details of the complaint/Grievances Cell; and
the code of conduct.

(2) The members shall be

treated fairly, honestly, impartially, courteously, and ensure that its dealings with them are more transparent;
provided with a copy of its basic documents of governance such as memorandum of association, articles of association, constitution, charter, Tariff Scheme and Distribution Scheme at the time of joining and or at any time on request;
provided with a copy of the document enumerating the powers and responsibilities of each member including Chairman and members of the Governing Council; and
provided with-

(i). the basis for calculating royalties to be paid to the members;
(ii). the manner and frequency of payments to members; and
(iii). the general nature of deduction out of total income before distribution.

(3) Every society shall distribute payments to its members in accordance with its Distribution Scheme.

(4) Every society shall treat licensees fairly, honestly, impartially and courteously and ensure that its dealings with licensees are more transparent.

(5) Every society shall observe the following while fixing the Tariff Scheme, namely:-

License fee to be fair and reasonable;
take note of the value of the rights of the works;
the purpose and manner in which the rights are to be exploited;
any relevant decisions of the Board;
in case the Tariff Scheme is for the use by an industry the important role played by that industry in promoting, dissemination of works and their contribution to the national economy and as far as possible in consultation with licensees.

(6) Every society shall provide for the facility for on-line application, payment of royalties and for issue of license on-line, as far as it is practicable.

(7) Every society shall ensure-

that the Governing Council members are accountable to the General Body;
maintenance of proper and complete financial records, including the collection and distribution of royalties and expenses; and
annual auditing of its accounts by a qualified Chartered Accountant.

(8) Every society shall comply with procedure for dealing with complaints and grievances as follows:-

constitute a complaint or grievances cell and shall post the same in its website;
information regarding how to make the complaint and reasonable assistance in the formulation and lodging of a complaint;
acknowledgement of the receipt of the complaint immediately upon receipt of the complaint;
verify the nature of the complaint and the details of the complainant;
examine the complaint and, if necessary give an opportunity of hearing to the complainant;
dispose of the complaint, with a period of two months and provide a written response to the complainant;
make available adequate resources for handling and resolving complaints; and
periodical review of complaints handling and resolving procedures and mechanism.

Payment of remuneration by Copyright Society

A Copyright Society administers the rights in a particular works for the owners of rights throughout India. The Central Government then may appoint that Society for the purposes of framing a scheme for determining the quantum of remuneration payable to individual Copyright owners. This is done in regard to the number of copies of the work in circulation. This will be subject to the rules as prescribed by the Government in this behalf. Such scheme will restrict the payment to the owners of rights whose works have attained a level of circulation which is reasonable. (Section 34 A).

Welfare fund of copyright society

Every Copyright society may frame a scheme for the welfare of its members as determined by its General Body and keep not more than five per cent of its total royalties collected for implementing the scheme effectively and the amount that could not be distributed on account of non-accessibility of the members concerned.

Some of the Registered Copyright Societies in India

The registered copyright societies in India are the Indian Performing Rights Society, Indian Reprographic Rights Organization and Indian Singers Rights Association.

Society for Copyright Regulations of Indian Producers of Films and Television (SCRIPT) for cinematography films, 135 Continental Building, Dr. A.B. Road, Worli, Mumbai 400 018, (for cinematograph and television films).
The Indian Performing Rights Society Limited (IPRS) for musical works, ), 208, Golden Chambers, 2nd Floor, New Andheri Link Road, Andheri (W), Mumbai- 400 058 (for musical works).
The Phonographic Performance Limited (PPL) for sound recordings, http://www.iprs.org. Flame Proof Equipment Building, B.39, Off New Link Road, Andheri (West), Mumbai 400 053 (for sound recordings).
Indian Reproduction Rights Organization (IRRO) for authors and publishers, at http://www.pplindia.org

These societies, particularly the PPL and the IPRS, have been active in anti-piracy work. The PPL has even set up a special anti-piracy cell headed by a retired Director General of Police and it has been working in tandem with the police.

Online Copyright Registration Process in India

Pre-Requisite for copyright registration

Registration certificate number and date of issue (Mandatory)
Evidence of prior intimation of filing of Form XV to the interested/affected person(s), if any.
Signature to be scanned in jpg format with less than 512 KB and kept ready for uploading
All the documents to be uploaded in pdf format in less than 5 MB

Necessary Documents:

Original Power of Attorney (POA). [If Applicable]
Affidavit to the effect that ‘No Case’ is/are pending in any court of law relating to RoC in Question; [Mandatory].
Notarized Copy of Assignment Deeds of License, in case the proposed changes are consequential on assignment of Licenses copyright; [Mandatory in respect of Col No. 11 And 12]
Notarized copy of Assignment Deed/Partnership Deed/Dissolution Deed/Certificate of Incorporation etc; [Mandatory in respect of Col No. 11, 12 and 13]
Copy of Extract of RoC. [Mandatory] (List of the documents to be attached in pdf and Guidelines, please ensure that acrobat pdf is installed in your system).

Payment Details of Change in Particulars (Form XV)

Type of work	Fees
Literary/ Dramatic / Music / Computer Software /Artistic works	200/-
Artistic works in relation to goods or services	1000/-
Sound Recording	1000/-
Cinematograph Film	2000/-

The following document(s) is/are required to be submitted with the Application;

Original Power of Attorney (POA). [If Applicable]
Affidavit to the effect that ‘No Case’ is/are pending in any court of law relating to RoC in
Question; [Mandatory] Copy of ‘Death Certificate’ duly attested/certified by Notary Public, in case the original
Owner of the copyright is deceased; [If Applicable] Notarized Copy of Assignment Deeds of License, in case the proposed changes are
Consequential on assignment of Licenses copyright; [Mandatory in respect of Col No. 11 And 12] Notarized copy of Assignment Deed/Partnership Deed/Dissolution Deed/Certificate of
Incorporation etc; [Mandatory in respect of Col No. 11, 12 and 13] Copy of Extract of RoC. [Mandatory]

Online Copyright Registration Process in India

User Registration

Click onto NewUser Registration, if you have not yet registered.

Note down User ID and Password for future use.

The first step in Copyright registration is user registration on the website of government. After successful registration, the user will receive login ID and password.

Go to the website www.copyright.gov.in

Create a User Id on the website

Login by entering the User Id and Password

Go to the Online Services and under e-filing of Applications, click on Online Registration of Copyright.

Filing of Copyright Registration Application

Copyright registration application is made in form XIV as per the first schedule of the rules along with the fee prescribed under the second schedule of the rules. This application must be signed by the applicant. The power of attorney is also required to be enclosed if required which must be signed by the party & accepted by the advocate.

The copyright application is divided into 4 steps such as Form XIV, Statement of Particulars, Statement of Further Particulars containing Power Of Attorney to be executed and Payment Details.

Complete the Form XIV by entering the basic details of the applicant, then press SAVE button to ‘Save’ entered details, and click on Step 2 to move to Next Step.

Signature to be scanned in 512 KB and kept ready for uploading.

Fillup the Statement of Particulars, and then press SAVE button to Save entered details, and press Step 3/4 to move to Next step. Further, in Statement of Particulars following mandatory details are to be mentioned:

Name, address and nationality of the applicant Signature of the applicant which shall be in jpg and jpeg format with file size less than 512 KB. Nature of the applicants interest in the copyright of the work Class of the work such as Literary/Dramatic, Artistic, Cinematographic Film, Sound Recording, Music or Computer Software. Title of the work Language of the work

Name, address and nationality of the author and if the author is deceased, the date of his death. Names and addresses and nationalities of the owners of the various rights comprising the copyright in the work and the extent of rights held by each, together with particulars of assignments and licenses, if any.

If the work is an ‘Artistic work’ which is used or is capable of being used in relation to any goods or services, the application shall include a certificate from the registrar of trade marks in terms of the proviso to sub-section (1) of section 45 of the Copyright Act, 1957).

Fillup the Statement of Further particulars. This form is applicable for “LITERARY/ DRAMATIC, MUSICAL, ARTISTIC AND SOFTWARE” works, and then press SAVE button to Save entrered details, and press Step 4 to move to Next Step.

Make the payment through Internet Payment gateway Note: Payment details are to be made in favor of Registrar of Copyrights, payable at New Delhi

Submission

Once the application is submitted along with the necessary documents you will get dairy number (acknowledgment). After successful submission of form diary number shall be generated.

Upload Documents

Work to be uploaded in pdf/jpg format. Sound Recording Work to be uploaded in mp3 format. Literary/Dramatic, Music and Software* Work to be uploaded in pdf format, less than 5 MB, keep ready.

Pdf containing at least first 10 and last 10 pages of source code, or the entire source code if less than 20 pages, with no blocked out or redacted portions.

Please take 1 hard copy (print) of “Acknowledgement Slip” and 1 hard copy (print) of “Copyright Registration Form”, and send it by post to

Copyright Division Department For Promotion of Industry and Internal Trade Ministry of Commerce and Industry Boudhik Sampada Bhawan, Plot No. 32, Sector 14, Dwarka, New Delhi-110078 Email Address: copyright[at]nic[dot]in Telephone No.: 011-28032496

Copyright Registration Certificate

The registration certificate will be issued by the authority if the application is approved. The whole process will take around 2 to 3 months in the normal course.

After receiving a dairy number, you have to mandatorily wait for a period of 30 days, to ensure that no objection is filed against your claim in the Copyright Office.

If any objection is filed, hearing opportunity is given to both the parties, to decide whether to register the work or not. If no objection is filed the application is examined by the examiners.

In case of discrepancy, 45 days period is given to the applicant to remove the application. Usually, if everything is smooth it takes a period of 3 to 4 months for registration.

Online Copyright Registration Process in India

Conditions subject to which a copyright society may accept authorization and an author or other owner of rights may withdraw such authorization -

(1). A copyright society may accept from an author or other owner of rights or his duly authorized agent, exclusive authorization to administer the right or the set of rights in the specific categories of works for which the copyright society is registered, if such author or other owner or such agent enters into an agreement, in writing, with the copyright society specifying the rights to be administered, the duration for which such rights are authorized to be administered, the quantum of royalty agreed to and the frequency at which such royalty shall be paid by the copyright society in accordance with its Schemes of Tariff and Distribution: Provided that in case of literary or musical works included, in a cinematograph film or sound recording the share of royalty other than for communication of the work along with the cinematograph film in a cinema hall shall be on equal basis between the author of the work and the owner of film or sound recording, as the case may be.

(2). The copyright society shall not impose any condition for distribution of royalties collected to author or other owner of rights.

(3). The author or other owner of rights shall without prejudice to the rights under the agreement and subject to the condition of a prior notice of sixty days, be free to withdraw such authorization in case the copyright society fails to fulfill its commitments as laid down in the agreement.

(4). The right to receive royalty, for any literary or musical work included in the cinematograph film, shared on equal basis with the assignee of copyright for the utilization of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall shall not be assigned to any other copyright society other than to the society for which it is intended to be registered.

(5). The right to receive royalty, for any literary or musical work included in the sound recording which does not form part of any cinematograph film, shared on equal basis for any utilization of such works with the assignee of copyright shall not be assigned to any other copyright society other than to the society for which it is intended to be registered.

Conditions subject to which a copyright society may issue licenses, collect royalties and distribute such royalties.—

(1). A copyright society may issue licenses and collect royalties in accordance with Tariff Scheme in relation to the right or the set of rights in the specific categories of works for which the copyright society is registered as it has been authorized to administer in writing by the members for the period for which it has been so authorized.

(2). The royalty so collected shall be distributed in accordance with the Distribution Scheme subject to a deduction not exceeding fifteen per cent of the annual total collection on account of administrative expenses incurred by the copyright society and a further deduction not exceeding five per cent. for the Welfare Scheme under rule 71: Provided that a copyright society may during the initial period of two years of its registration deduct up to twenty percent of the annual total collection on account of administrative expenses incurred by the society.

Conditions subject to which a copyright society may issue licenses, collect royalties and distribute such royalties.—

(1). A copyright society may issue licenses and collect royalties in accordance with Tariff Scheme in relation to the right or the set of rights in the specific categories of works for which the copyright society is registered as it has been authorized to administer in writing by the members for the period for which it has been so authorized.

(2). The royalty so collected shall be distributed in accordance with the Distribution Scheme subject to a deduction not exceeding fifteen per cent of the annual total collection on account of administrative expenses incurred by the copyright society and a further deduction not exceeding five per cent. for the Welfare Scheme under rule 71: Provided that a copyright society may during the initial period of two years of its registration deduct up to twenty percent of the annual total collection on account of administrative expenses incurred by the society.

How we can check the status of Copyright Registration Application?

The process of registration is completed only after a copy of the entries made in the Register of Copyrights is signed and issued by Registrar of Copyrights or by Deputy Registrar of Copyrights, to whom such authority is delegated.

Visit the website of the Copyright registrar and then click on “Status of Application”.
After this, put the diary number you received which is also known as acknowledgment number and then submit.
You will get the status.

Different Status of Copyright Registration

Here we are giving you the meaning of different status issued by the authority:

Waiting: Copyright registration application under a mandatory waiting period
Documents not received, formality check failed: Documents not received after payment
Abandoned: Documents not received after the filing of the application
Scrutiny: Copyright registration application under process
Re-Scrutiny: Copyright registration application is again under process
Hearing: Hearing on the objection

Pre-Requisite for copyright registration

Particulars	Fees
License to republish a Literary, Dramatic, Musical or Artistic work (Sections 31, 31A,31B* and 32A)	₹ 5,000/- per work
License to communicate any work to the public by Broadcast (Section 31(1)(b))	40,000/- per applicant
License to republish a Cinematograph Film (Section 31)	15,000/- per work
License to republish a sound recording (Section 31)	10,000/- per work
License to perform any work in public (Section 31)	5,000/- per work
License to publish or communicate to the public the work or translation (Section 31A)	5,000/- per work
License to publish any work in any format useful for person with disability (Section 31B)	2,000/- per work
Application for a license to produce and publish a translation of a Literary or Dramatic work in any Language (Section 32 & 32-A )	5,000/- per work

Application for registration or copyright in a Literary, Dramatic, Musical or Artistic work	500/- per work
Application for registration or copyright in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services (Section 45)	2,000/- per work
Application for change in particulars of copyright entered in the Register of Copyrights in respect of a Literary, Dramatic, Musical or Artistic work	200/- per work
Application for change in particulars of copyright entered in the Register of Copyrights in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services (Section 45)	1,000/- per work
Application for registration of Copyright in a Cinematograph Film (Section 45)	5,000/- per work
Application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45)	2,000/- per work
Application for registration of copyright in a Sound Recording (Section 45)	2,000/- per work
Application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45)	1,000/- per work
Taking extracts from the indexes (Section 47)	500/- per work
Taking extracts from the Register of Copyrights (Section 47)	500/- per work
A certified copy of an extract from the Register of Copyrights of the indexes (Section 47)	500/- per copy
A certified copy of any other public document in the custody of the Register of Copyright or Secretary of the Copyright Board	500/- per copy
Application for prevention of importation of infringing copies (Section 53) per place of entry	1,200/- per work

Rectification and Correction of entries in the Register of Copyrights

Rectification of the Register of Copyrights shall be initiated before the High Courts. Further, the decisions of the Registrar of Copyrights shall also be amenable to an appeal before a Single Judge of the High Court within a period of 3 months and a further appeal to Ergo Copyright (Amendment) Rules 2021 come into force and an Ordinance abolishes “The Intellectual Property Appellate Board 3”, a bench of the High Court, within 3 months of the order of the Single Judge.

Copyright Indexes

(1) In the Copyright Office will be kept the following Indexes both in physical and electronic form for each and every part of the Register of Copyrights, namely-

A general Author Index;
A general Title Index
An Author Index of works in each language; and
A Title Index of works in each language
Every Index shall be arranged alphabetically in the form of cards.

Inspection of the Register of Copyrights and Indexes:

The Register of Copyrights and Indexes thereof shall at all reasonable time be open to inspection by any person in such manner and subject to such conditions as the Registrar of Copyrights may specify. The online search or inspection of the Register of Copyrights and indexes can be utilized by making online payment of fee as specified in the second Schedule.

Copies and extracts of the Register of Copyrights and Indexes:

(1) Any on shall be entitled to take copies of, or make extracts from, the Register of Copyrights or Indexes on payment of the fee as specified in the Second Schedule subject to supervision as the Registrar of Copyrights may arrange.

(2) To furnish a certified copy of entries made in the Register of Copyrights and Indexes thereof. An application to The Registrar of Copyrights has to be made along with payment of the fee specified in the Second Schedule.

It is noteworthy that two significant developments have recently taken place in relation to intellectual property laws -

The time limit afforded to the Registrar of Copyrights to accept or reject the application for registration of a copyright society has been extended from 60 days to 180 days.
The Chairman and other members of the Governing Council of a copyright society are eligible for re-election after completion of their 2-year terms.

Functioning and Records

(1) Copyright societies are required to publish their tariff schemes once framed.

(2) Copyright societies are required to create a system for payment of royalties through electronic modes and implement a system through which such payments are traceable.

(3) If the royalty cannot be distributed within a quarter due to the authors / owners not being identified or located, the copyright societies are required to maintain record of unpaid royalties separately in their accounts.

(4) If royalty remains unpaid at the end of 3 years from end of financial year in which the collection of royalty occurred, the same shall be transferred to the welfare fund of the copyright societies.

(5) Copyright societies are required to take all measures to identify and locate authors / owners and are required to publish certain information on its website quarterly.

(6) The annual transparency report for each financial year is required to be drawn up and made public by copyright societies within 6 months following the end of that financial year. The report must contain information on activities of the copyright societies, number of refusals to grant license, information on total royalties collected etc.

(7) Copyright societies shall have further obligations to make available on their respective websites:

a facility to search from database of works;
copy of the annual transparency report; and
details of undistributed royalties in relation to authors / owners who cannot be identified or located

Part VI of the Register of Copyrights shall be limited to “computer programmes” and reference to tables and compilations shall be omitted. Further, the application for registration of computer programmes would require an applicant to furnish at least the first 10 pages and last 10 pages of the source code, or the entire source code if less than 20 pages long, without blocking or redacting any portions. The compliance requirements for registration of software works have been largely reduced as earlier the language of Rule 70 sub-rule 4 required the applicant to submit the "source and object code" while making an application for registration of computer programme. The chapter relating to procedure for tendering notice and manner of investigation relating to importation of infringing copies has been deleted.

Consequently, the Second Schedule which prescribed fees for application for prevention of importation of infringing products stands deleted. The “Copyright Board” has been firstly substituted with the “Appellate Board”. The composition and qualifications of the Appellate Board shall be governed by the provisions of the Trade Marks Act, 1999 and the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020. This change however shall be redundant and as per Copyright (Amendment) Rules, 2021, The Intellectual Property Appellate Board (IPAB) have been omitted and substituted with “Commercial Court” or “High Courts”, as applicable. A “Commercial Court” shall be the applicable authority to approach in case of

any dispute related to copyright assignments;
grant and/or termination of various licenses / compulsory licenses in respect of copyrighted works and royalty fixation in respect thereof; and
Any appeal in relation to the tariff scheme published by a copyright society.

The appeals, applications or proceedings pending under any law before the IPAB shall be transferred to the Court before whom it would have been filed had the Ordinance been in force at the time of filing of the same. Additionally, the Court is empowered to deal with such matters as it deems fit, either from the stage it stood before such transfer or from any earlier stage or de novo. A new rule i.e. Rule 65A has been inserted wherein the Copyright Societies would be required to draw up and make public an Annual Transparency Report for Financial year within 6 months following the end of the financial year. This will help to reinforce transparency in the working of copyright societies. Also, new provisions have been introduced to deal with the undistributed royalty amounts and use of electronic and traceable payment methods while collection and distribution of royalties.

A new provision regarding publication of a copyrights journal has been incorporated, thereby eliminating the requirement of publication in the Official Gazette. The said journal would be available at the website of the Copyright Office.

In order to encourage accountability and transparency, new provisions have been introduced, to deal with the undistributed royalty amounts and use of electronic and traceable payment methods while collection and distribution of royalties. To reinforce transparency in working of copyright societies a new rule has been introduced, whereby the copyright societies will be required to draw up and make public an Annual Transparency Report for each financial year. The amendments have harmonized the Copyright Rules with the provisions of Finance Act, 2017 whereby the Copyright Board has been merged with Appellate Board.

Assignment of Copyright by Operation of Law

Assignment of copyright by operation of law means that if the owner of the copyright dies, the copyright shall be passed on to his personal representative as part of the estate if no will has been executed. Section 20 contains that if a person is entitled to copyright and that work has not yet been published before the death of the testator, and such person shall be considered as having copyright in work unless a contrary intention is shown in testators will or any codicil. An assignment is a transfer of ownership, even if it is partial. The copyright owner in an existing work or the future owner of the copyright in a further work may assign to any person the copyright either wholly or partially, either generally or subject to limitation, either for the whole of copyright or any part thereof. In case the assignment of copyright is for any future work, the assignment will take effect only when the work is in expressed form and not merely an idea. No one has the right to copy, reproduce, sell, or publish an original work without the permission of the creator. It means that only the owner of the copyright can transfer the ownership of the copyright to a third party. Another important thing to note is that with the assignment of a copyright, the assignee shall also enjoy all the rights related to the copyright to the assigned work.

Section 18 of the Copyright Act specifies that where the assignee of copyright becomes eligible for any right comprised in the copyright, the assignee shall be treated as the owner of the copyright with respect to those rights. The one who assigns shall also be treated as the owner of the copyright with respect to unassigned rights. In case of the death of the assignee, before the work comes into existence, the legal representatives of the assignee will be entitled to the benefits of the assignment.

Section 19 of the Copyright Act, states that no assignment of copyright shall be valid unless it is in writing and signed by the assignor or by his authorized agent. The assignment of copyright in any work shall identify such work specifying the rights assigned and the duration and territorial extent of such assignment. It must also mention the amount of royalty payable, if any, to the author or his legal heir during the continuity of the assignment and the assignment will be subject to revision, termination or extension on conditions agreed upon by the parties mutually. If the assignee does not use the rights assigned to him within a year from the date of assignment, the assignment shall be deemed to have lapsed in respect of such rights after the expiry of the stated period unless mentioned otherwise in the assignment. In case the period of assignment is not mentioned, it shall be deemed to be five years from the date of assignment. In case the territorial extent of the assignment of rights is not mentioned, it shall be understood to extend within India.

Further section 19(8) specifies that the assignment of the copyright of work against the terms and conditions upon which the rights have been assigned to copyright society in which the author of the work is a member shall be void. According to sections 19 (9) and 19(10), the assignment of the copyright for making a cinematograph film or sound recording will not affect the rights of the author to claim for an equal share of the royalties and consideration payable in relation to the use of his protected work.

Disputes related to the Assignment of Copyright

According to Section 19(a), the appellate board can, if it receives a complaint from the assignor and on holding an inquiry as it may think fit, revoke such assignment, in case the assignee fails to make enough exercise of the rights assigned to him. Such failure is not attributable with respect to an act or omission of the assignor

The appellate board has the power to pass a suitable order on receipt of a complaint from the aggrieved party, in case of a dispute related to the assignment of copyright, and after conducting such inquiry as it deems fit including an order for the recovery of the royalty payable;

Provided that the Copyright Board will not come to a conclusion to revoke the assignment till it is content with the fact that the terms of assignment are harsh to the assignor if the assignor is also the author,
Further, provided that no order for revocation of assignment shall be made within a five year period from the date of such assignment.

A conscious effort has been made to define the pre-requisites for the assignment of copyright, keeping in mind both the assignor and the assignee, and also to provide for contingencies with regard to which the instrument of assignment is not definite in order to protect the interest of the assignor. The amendment to the Copyright Act also provides remedies to the assignor through copyright.

The primary objective of the assignment process is to give monetary and distribution gains to the original work. Copyright assignment could prove to be a necessity in this world as the assignment may lead to bringing out the best potential of the original work by going to various people as they may add their creativity to the original work. However, the practicality of the assignment of copyright has been under the scanner quite a few times due to the rising copyright infringement cases.

Lawful Use of Copyrighted Work without Permission

The law under certain conditions allows the use of a registered work without the owner's permission for research, study, criticism, review, and news reporting, as well as the use of works in libraries and schools and the legislatures. To protect users' interests, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work,`

For research or private study,
For criticism or review
In connection with a judicial proceeding
For performance by an amateur club or society, if the performing for a non-paying audience and
The making of sound recordings of literary, dramatic, or musical works under certain conditions.

The remedy in case of Copyright Infringement

Copyright infringement of any work is a criminal offense and is punishable under Section 63 of the Copyright Act. There can be imprisonment for six months with a minimum fine of ₹ 50,000.Also, in case copyright that has happened already or is likely to happen, then any police officer who is not below the rank of sub-inspector, may if he is satisfied, seize without a warrant, all copies of the work and the plates that are used for the making infringing copies of work.

Solving litigations arising due to copyright infringement

Copyright Registration establishes a public record of your copyright and puts everyone in the world on notice that you have sought and claim copyright protection under the Copyright laws. You cannot Sue anyone for copyright infringement until you have filed for copyright protection with the Registrar of Copyright Office.

No award for statutory damages or attorneys fees will be made for any infringement of a copyright in an unpublished work which occurs prior to the submission of the copyright registration documents. The same holds true for published works, unless the copyright registration is made within three months after the first publication.

If the registration of your work is done within five years from its creation, it is considered Prima Facie Evidence in court. Prima facie evidence means that if you ever went to court, proof of the copyright registration with the Registrar of Copyright Office would be sufficient evidence of your ownership of the copyrighted material.

The only way for another party to win would be for them to present evidence showing:

That they had a pre-existing copyright claim to the work.
That you permitted them to use your work.
That you didn't actually create the work.
That you stole it from them.
If you are serious about protecting your work, obtaining copyright protection under the copyright laws is a smart and necessary step to take.

The definition of the word author and Section 17 lay emphasis on the fact that copyright vest in that person who is the original creator of this work. Where it is not possible to be definite as to who was the original creator, the person who got registration earlier is presumed to be the author or original creator of the artistic work. Copyright guarantees protection from Government of India to your priceless creative work.

In case you want to copyright a Video, Film or an Audio Recording track i.e song, we request you to have an agreement with all the people involved in the making of it to give an NOC in the very beginning before you avail their services, that they will not have any Objection to you copyrighting the creative work in your favor. This has become imperative now after the latest Supreme court Guidelines on Sound Recording and Cinematography Copyright Registration

The Copyright law provides for Protection to Foreign Works in India

Copyrighted creative works of foreign nationals, whose countries are members of Berne Convention to which India is a signatory, are protected against any infringement of their Creative works in India through the International Copyright Order, 1999. Courts in India have also been pro-active for protection of Copyright of foreign authors and owners, which includes book, art, painting, music, films, software and database etc.

Berne Convention enforces a requirement that countries recognize copyrights held by the citizens of all other parties to the convention. That means, Indian copyright law applies to anything published or performed in India, regardless of where it was originally created.

Copyright in India is recognized virtually worldwide under the Berne Convention and the applicable law of its member nations. Berne Convention's primary function is protection of original works and legal rights of their authors/ creators. The Foundation of Berne Convention is based on three basic principles and mentions a series of rules determining the minimum protection to be granted.

The three basic principles are the following:

Works originating in one of the Contracting Country must be given the same protection in each of the other Contracting countries as the latter grants to the works of its own nationals (principle of national treatment)
Protection is not conditional upon compliance with any formality, rather it is automatic
Protection is independent of the existence of protection in the country of origin of the work. If, however, a Contracting Country provides for a longer term of protection than the minimum prescribed by the Convention and the work ceases to be protected in the country of origin, protection may be denied once protection in the country of origin ceases.

As per the Copyright Act (Amendment) Bill, 2012, Song writers, artistes and performers can now claim royalty for their works. The Bill provides for exemption from copyright for any work prepared for the physically challenged in special formats such as Braille. The Bill also exempted students from the copyright laws for using such material for research purposes. It sought to impose a fine and two years' imprisonment for persons indulging in piracy.

In order to encourage accountability and transparency, new provisions have been introduced, to deal with the undistributed royalty amounts and use of electronic and traceable payment methods while collection and distribution of royalties. To reinforce transparency in working of copyright societies a new rule has been introduced, whereby the copyright societies will be required to draw up and make public an Annual Transparency Report for each financial year. The amendments have harmonized the Copyright Rules with the provisions of Finance Act, 2017 whereby the Copyright Board has been merged with Appellate Board.

The compliance requirements for registration of software works have been largely reduced, as now the applicant has the liberty to file the first 10 and last 10 pages of source code, or the entire source code if less than 20 pages, with no blocked out or redacted portions.

Difference between Assignment and Licensing of Copyright

Copyright license and assignment of copyright are two different terms that cannot be used interchangeably. Each of them is different in its own way. A license provides an authorization of an act, and without it, the authorization would amount to an infringement. Licensing generally involves licensing some of the rights and not all of them. It can be either exclusive or non-exclusive. In case of assignment, it involves the disposal of the copyright which in simple words means, the assignor assigns the copyright to another person or the transfer of ownership of the copyright to some other person whereas in license only some interest in intellectual property is transferred and ownership is not transferred to the licensee. A license doesn’t confer any right to the licensee against a third party or licensor, but an exclusive licensee has substantial rights against the licensor and even a right to sue the licensor.

A licensee also has the right to make alterations provided that his license doesn’t restrict that right. In case there is a failure in paying the royalties, the licensor can revoke the license. When it comes to the assignment, it is not possible. However, if there is anything harsh that can affect the author, it may lead to revocation in the event of a complaint made to the copyright board.

A copyright license, unlike copyright assignment, does need to be signed in writing. It can be oral or implied after considering all the facts and circumstances relating to the transaction between the owner of the copyright and the licensee. Thus, if anyone who is the owner of a copyrighted work thinks about assigning the copyright, he or she can consider licensing their copyright instead of assigning it. It would help you in retaining ownership, thereby licensing only certain rights to another party. An assignment basically transfers an interest, and it deals with copyright according to section 14 of the Copyright Act, whereas license doesn’t convey copyright; instead, it only grants a right to do something that would be unlawful if done without a license.

Relinquishment of Copyrights by the Author

Relinquishment of the rights of an author means surrender of rights by the author. The Copyright Act, 1957 contains the provision of relinquishment of the rights of an author in the copyrighted work. An author can give notice to the Registrar of Copyrights in a prescribed form or through public notice. However, the relinquishment of such rights shall not affect the rights which are in favor of any person on the date of the notice.

The Registrar of Copyright will then publish the notice in the official gazette. The Registrar will post the notice on the website of the copyright office in 14 days from the publication of the notice in the gazette so that it will remain in the public domain.

The relinquishment of copyright will ensure that the work falls into the public domain from the date the notice is published. However, if the rights are in favor of some other person on the date of the notice, such rights won’t be affected. Thus, the work shall fall in the public domain as soon as the rights of other person terminate.

Conclusion

Creativity is the most essential requirement to enable progress in society. Encouraging creativity enables economic and social development of a society. Copyright protects the creativity of people and becomes a source of motivation for the artists, authors, etc. Registering your work with the Registrar of Copyrights provides you with the right to reproduce it, the right to adapt the work, right to paternity and right to distribute the work.

Though it looks easy, the copyright registration process is a lengthy but important process which can take up to 10 to 12 months. It is always advisable to get your copyright registered. This is because it can go a long way in protecting your rights for years, even after your death.

Once your copyright is registered, it becomes much easier to move to the court and get the person who illegally copied your work punished. To provide adequate protection to copyright holders, the Copyright Act, 1957 provides imprisonment from six months to three years and a fine of not less than ₹ 50,000 in case your right is infringed by someone.

In Copyright, timely registration gives the author to recover the possible attorney’s fees/royalty and statutory damages. Timely registration qualifies the author to receive the statutory damages in case of infringement. As both published and unpublished work can be registered under Copyright Act, Author has the complete right, so without his/her permission nobody can use the work for commercial gain. Only the author has right to distribute, to copyright, to translate and the right to adaption of some work

Frequently Asked Questions

1. What is copyright?
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. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.

Copyright registration is a right provided to the creators to protect their original work being stolen or duplicated and gives you a confirmed legal right over your creation. It gives the individual owner with the package of rights like the right of reproduction, right of translation, etc.
2. What is the scope of protection in the Copyright Act, 1957?
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright protection for ideas, procedures, and methods of operation or mathematical concepts
3. Does copyright apply to titles and names?
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
4. Is it necessary to register a work to claim copyright?
No. Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
5. Where I can file application for registration of copyright for a work?
The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at Plot no. 32, Boudhik Sampada Bhawan, Sector 14, Dwarka, New Delhi- 110075. The applications are also accepted by post. On-line registration through "E-filing facility” has been provided from 14th February 2014, which facilitates the applicants to file applications at the time and place chosen by them.
6. Whether unpublished works are registered?
Yes. Both published and unpublished works can be registered. Two copies of published or unpublished work may be sent along with the application. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. One copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office.

When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form XV with prescribed fee.
7. What is the procedure for registration of a work under the Copyright Act?
The procedure for registration is as follows:
1. Application for registration is to be made on Form XIV ( Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules ;
2. Separate applications should be made for registration of each work;
3. Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules ;
4. The applications should be signed by the applicant. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed, if applicable.
5. The fee is to be paid either in the form of Demand Draft or Indian Postal Order favoring "Registrar Of Copyrights Payable At New Delhi" or through E payment Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.
6. The fee is either in the form of Demand Draft, Indian Postal Order favoring "Registrar Of Copyright Payable At New Delhi" or through E payment
Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.
8. What are the guidelines regarding registration of a work under the Copyright Act?
Chapter XIII of the Copyright Rules, 2013, as amended, sets out the procedure for the registration of a work. Copies of the Act and Rules can be obtained from the Manager of Publications, Publication Branch, Civil Lines, Delhi or his authorized dealers on payment or download from the Copyright Office web-site "www.copyright.gov.in"
9. Whether computer Software or Computer Programme can be registered?
Yes. Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 "literary work" includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ and "Object Code" have also to be supplied along with the application for registration of copyright for software products.
10. How can I get copyright registration for my Web-site?
A website may be understood as a webpage or set of interconnected webpages, hosted or stored on a server, and is made available online to members of public. Users can access the information and other underlying work on a website through various means such as scrolling webpages, using internal hypertext links or a search feature.

Website usually consists of different rudiments which may be copyrightable subject matter that falls within any one of the classes of works set forth in Section 13 of Copyright Act, 1957. The component parts of website can be in different form of digital files such as text, tables, computer programmes, compilations including computer databases ("literary works"); photographs, paintings, diagram, map, chart or plan ("artistic works"); works consisting of music and including graphical notation of such work ("musical works"); "sound recordings" and "cinematograph films".

Website as a whole is not subject to copyright protection. Generally, non-copyrightable content particular to websites may include but are not limited to ideas or future plans of websites, functional elements of websites, unclaimable material, layout and format or ‘look and feel’ of a website or its webpage; or other common, unoriginal material such as names, icons or familiar symbols.

Applicant is required to submit a separate application for each component work/content appearing on a website.

11. How long I have to wait to get my work to get registered by the Copyright office?
After you file your application and receive diary number you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim. In case any objection is filed, the Registrar of Copyrights after giving an opportunity of hearing to both the parties may decide to register the work or otherwise.

If no objection is filed the application is examined by the examiners. If any discrepancy is found the applicant is given ordinarily 45 days time to remove the same. Therefore, it may take around 2 to 3 months time for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key for speedy disposal the matter.
12. Is an opportunity for hearing given in all the cases pertain to rejection of registration?
As per the rule 70(12) of the Copyright Rules, 2013, an opportunity of hearing must be given. However, only after hearing, it may be decided to register the work or to reject it. The applicant himself or his/her pleader may appear in the hearing.

As per section 72 of the Copyright Act, 1957 any person aggrieved by the final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Commercial Court” or “High Courts”, as applicable.

The time limit afforded to the Registrar of Copyrights to accept or reject the application for registration of a copyright society has been extended from 60 days to 180 days.
13. Whether certificates qualify to be copyrightable subject matter?
Originality is considered as ‘the bedrock principle of copyright’ and ‘the very premise of copyright law’. A work to be a copyrightable subject matter is to be created by the exercise of labor, skill and judgment of the author. Also, such exercise of efforts on the part of the author should not be trivial in nature and thus should not be a mere exercise of the mechanical function of copying the work of another. Variation must be substantial in nature than merely trivial thus requirement of degree of originality is quantitative in nature.

Certificates may be considered as a formal document or written assurance which states an official fact and are generally used as evidence for certain purposes. Certificates are usually monotonous as it contains mere common words or formats which are generic in nature. Certificates are not considered as copyrightable subject matter as it falls under the narrow category of works in which the creative spark is utterly lacking or so trivial as to be virtually non-existent.
14. What is copyright society?
A copyright society is a registered collective administration society under Section 33 of the Copyright Act, 1957. Such a society is formed by authors and other owners. A copyright society can issue or grant licenses in respect of any work for which it is authorized to by the authors or owners of the work. s
15. How do I register a copyright society?
Any association of persons whether incorporated or not, consisting of seven or more authors or owners of copyright (hereinafter referred to as ‘Applicant’) formed for the purpose of carrying of business of issuing or granting licenses in respect of any class of works for which it is registered may file an application with the Registrar of Copyrights on Form VIII.

Every application shall be accompanied with:
- A true copy of the application by which the Applicant is established or incorporated.
- Consent of all the members included in the application to act as members of the Governing Body of the Application.
- A declaration containing the objectives of the Applicant, the bodies through which it will function and arrangements for accounting and auditing.
- An undertaking to the effect that the instrument is established or incorporated provides for conforming the same to the provisions of the Act and these Rules.
16. What is the purpose of a Copyright Society?
Authors and other owner of copyright in any work cannot keep track of all the uses of his work. The copyright society is able to keep a vigil over the uses and collect royalties from the users of those works.
17. How can I get Copyright registration for App?
An App is a complete, self-contained computer program that is designed to perform specific tasks. Usually called 'Apps' for short, application programs are the most familiar forms of software and come in a very wide variety of types. An App usually has primarily dynamic content and is designed for user interaction. It may be used directly or indirectly in a computer or hand held electronic device.

An App may be registered as a computer program under literary works as provided under Section 2(o) of the Copyright Act, 1957. For this purpose applicant is required to submit an application for registration under software category, accompanied by the source and object code as provided under Rule 70 (5) of the Copyright Rules 2013.

It is important to note that the registration will cover any screen displays generated by that program, provided that the computer program (code) generating the screen display is submitted by the applicant. Mere snapshots of screen displays of an app are not eligible for copyright protection.
18.What are the functions of a Copyright Society?
The function of a copyright society is to administer the business of issuing and granting licenses with respect to a copyright held by the authors or owners of the work. A copyright Society also undertakes collection of royalties on behalf of the authors or owners and disbursement of royalties.
19. Are individual rights owners are entitled to issue licenses and collect royalties who are not members of any copyright society?
As per Section 30 of the Copyright Act, 1957, the owner of the copyright in any existing work or the prospective owner of the copyright in any future work may grant any interest in the right by license in writing signed by him or by his duly authorized agent.

Frequently Asked Questions

20. Which copyright societies are registered in India?
Presently there are three registered copyright societies in India, namely;
- For Literary works associated with Musical Works: The Indian Performing Right Society Limited (IPRS)
- For Reprographic (photo copying) works: Indian Reprographic Rights Organization (IRRO)
- For Performers (Singers) Rights: Indian Singers Rights Association (ISRA)
21. What is the term of registration of a Copyright Society?
The registration granted to a copyright society shall be initially for a period of five years.
22. Do I need a License from a copyright society for utilizing any literary, dramatic, musical or sound recording works in any marriage related functions?
No, a License is not required from a copyright society or other authors or owners of the copyright if the work is being utilized for a bonafide religious ceremony, including a marriage function as the same is covered under the exceptions to infringement of copyright under Section 52 (1)(za) of the Copyright Act, 1947.
23. Can I apply for Copyright registration in respect of ideas or mathematical concepts?
No, one cannot apply for Copyright registration in respect of ideas or mathematical concepts. Copyright does not provide protection to the ideas or concepts.
24. How do I search for copyrights?
You can search for copyrights by visiting the official websites of copyright office.
25. How do I check if a name is copyrighted?
You can conduct an online search to know if a name is copyrighted. You can check by author’s name if the work is copyrighted. You can search through copyright files by visiting the Copyright Office at www.copyright.gov/records. All copyright information is located in the Public Catalog (click “Search Public Catalog”) which contains information about works registered since January 1978.
26. How do I check if a logo is copyrighted?
You can check for a logo online by visiting the official website of the copyright office.
27. How do I get permission to use copyrighted material?
In general, the permissions process involves a simple five-step procedure:
- Determine if permission is needed.
- Identify the owner.
- Identify the rights needed.
- Contact the owner and negotiate whether payment is required.
- Get your permission agreement in writing.
28. Can I copyright my own name?
Works without originality or creativity to merit copyright protection such as titles, names etc. cannot be copyrighted.
29. How long does a copyright last?
Copyright is valid for the lifetime of the author and for 60 years after the death of the author.

Once obtained copyright registration has a validity of 60 years. In case it is literary, drama, music work the 60-year validity is considered from the death of the author. But in the case of the films, sound recording, photographs the 60 year validity period is considered from the date of publication.

30. What is not protected by copyright?
Works that are not in some tangible form of expression, titles, names, slogans, phrases etc cannot be copyrighted.
31. What is the difference between a trademark and a copyright?
The main difference between copyright and trademark is that they protect different types of assets and have different registration requirements.
32. What is the fee to file for a copyright?
The fee for copyright may range from 500 to 5000 INR depending on the form of work.
33. Can you claim copyright without registering?
Copyright acquisition is voluntary and copyright comes into existence as soon as the work is created however, certificate of registration may serve as evidence in the court for dispute relating to ownership of copyright.
34. Can I use copyright symbol without registering?
The use of the copyright symbol is also similar to the use of the trademark symbol, as work does not need to be registered to use it. You can place the copyright symbol on any original piece of work you have produced.
35. Is it copyright infringement if I don't sell it?
Yes it may still be a copyright infringement if you use the protected material but don’t make money of it.
36. How long does it take to register a copyright?
It may take about 2 to 3 months to register a copyright in the normal course. The cooperation of the applicant is critical for speedy disposal of the matter.

A copyright registration can be obtained in around 6-8 months considering factors like objection etc.
37. What does a copyright symbol look like?
38.Copyright obtained in India is valid only in India or across the world?
According to the Berne Convention, copyright obtained in India will get the status of foreign workers and the copyright protection is extended to the countries which are signatories to the Berne Convention.
39. Is it possible to sell or transfer copyright registration?
With the consent from the owner of the work, the copyright registration can be sold, transferred, gifted as well as franchised.

Frequently Asked Questions

40. What are the benefits of Copyright Registration?
The holder can translate, reproduce, adapt, create the work, and also to the right to be credited for his contribution, a right for who can adapt the work to other forms.
41. Is it necessary to publish work before copyrighting it?
Both Published as well as unpublished work can be registered, in case work is already published the details of the publishing are to be furnished with the application.
42. Can a copyright registration application get rejected?
Yes in case of any discrepancy or incomplete documents a copyright registration may get rejected.
43. Who can obtain Copyright registration?
Any person or a business entity can obtain copyright registration. An individual can be an author, creator, musician, photographer, producer, painter, composer, or company.
44. What do to in case of infringement of copyright?
A copyright holder has to send a statutory notice to the person who has infringed the work. First, the person who has the rights will send a statutory notice to the person who was involved in the infringement, then the person who the owner of the work can lawyer up to deal with the condition and handle the same.
45. How to get copyright registered?
Prepare a copyright application and file it. After that, you will be allotted a diary number and waits for the 30 days in case of objection. If there is no objection the authorized person will examine the application and if he/she is satisfied the registrations approved by the registrar. With approval, the quotations will be sent by the registrar to the candidate.
46. What are the documents required to get copyright registration?
The basic documents required for the copyright registration Name, Address & Nationality of the Applicant and creator of the work copies of the original work, the ID proof of the owner and Incorporation certificate in case of business.
47. Why Copyright registration is needed?
Copyright registration is needed to secure your original work from fraud or unfair advantage. Having copyright over your original work gives proof that this particular work belongs to you only
48. Which rights are provided to the copyright holder?
The copyright holder has following rights:
- The right to copy or reproduce the original work.
- The right to determine who may modify the work to other forms and determine benefits from the same.
- The right to be attributed to work.
49. What can be protected with the registration of copyright?
One can protect all his original works like literary works, computer programs, websites, dramatic scripts, musical lyrics, and artists’ works.

50. What is copyright protection?
Registering the work with the registrar of the copyright office is copyright protection. It produces a public record of the work done and you can claim anyone for copyright violation made.
51. After applying for copyright, if someone uses my content?
You can send him/her a legal notice regarding the same. But if no action is taken from the second party then you can file a case against him/her and sue them in court.
52. If I am a jewellery designer what will be the better route to protect my work?
In the case of jewellery, both copyright and design laws apply. It is better to take copyright protection on the pictures of the design as artwork due to the extensive protection given under copyright law than that given under the design laws..
53. What cannot be protected through copyright in India?
Copyright protection is not applicable for ideas and methods - e.g., business operations, technical discoveries, mathematical principles, and other such concepts; commonly available info - e.g., telephone directories, general databases taken from free public records, etc.; Choreographic works and speeches unless they are notated or videotaped. Also, business names, product descriptions, taglines, and other such expressions cannot be copyrighted.
54. Is copyright applicable to mobile applications?
A mobile application cannot be copyrighted as such; however, the coding can be copyrighted as literary work and other elements can be filed as different copyright applications.