Intellectual Property / Copyright / Filing a copyright application upto registration for Literary, Dramatic, Musical or Artistic work

Filing a copyright application up to registration for literary, dramatic, musical, or artistic work.

Copyright is an Exclusive Right given to the Owner or Author of an Intellectual Property. The Intellectual Property includes any literary, artistic, educational, musical, or any other form of Creative or Original Work. This right is given to the Owner or Author for a limited time and It protects the Right of the Owner or Author in case of any Infringement. A Copyright can be granted for original work created by the Owner by using independent thinking. The Copyright protection is not granted for ideas, techniques, etc a work must have the following key ingredients that are necessary for a work to qualify as an original work:

(i) Originality as per the expression of thoughts in writing.

(ii) Creative 

(iii) Tangible. 

Copyright registration can protect the owners of the intellectual property in case of disputes over ownership or creation of the work. It can create a transferable right and can help smoothen financial transactions, assignment, sale, etc of the work. 

Why do you need copyrights?

When you create an original work, the copyright is automatically acquired. The registration of your copyright is needed for the following reasons: 

  1. Copyright registration creates a public record. It makes the public aware that your work is copyrighted and anyone wanting your license can easily find you. 
  2. Copyright allows you to file a lawsuit and take legal action against infringement of your copyright.
  3. It provides you with a reward for your creativity by providing economic benefits by entitling you to use your work in various ways. 
  4. It allows you to sell or pass the rights of your work.
  5. It allows you to get legal evidence of your ownership. 
  6. It allows you to change the form of your work. 
  7. It protects your work from any infringement such as the production of copies and selling of such copies of your work without your consent and license.

Who can file a copyright application?

  1. The author
  2. The owner of exclusive rights.
  3. The copyright claimant
  4. The authorized agent (Assignee or Legal Heir)

Procedure for registration:

Step 1: File an Application

  • An application may be filed either physically in the copyrights office or through registered post or through e-filing.
  • For registration of each work, a separate application must be filed with the registrar along with the particulars of the work.
  • The requisite fee also must be paid, different types of work have different fees. The copyright for artistic work is INR 500.
  • In the final step, the registrar will issue a dairy number to the applicant.

Step 2: Examination

After the dairy number is issued, there is a minimum 30 days waiting period. In this time period, the copyright examiner reviews the application, and objections (if any) can be raised. 

  • In case no objections are raised, then the examiner goes ahead to review and scrutinize the application to find any discrepancy.
  1. If there are no discrepancies, the applicant is allowed to go forward with the next step.
  2. If there are any discrepancies, a letter of discrepancy is sent to the applicant, and a hearing is conducted by the registrar. 
  • In case objections are raised by someone against the applicant, letters are sent out to both parties and they are called to be heard by the registrar.
    1. Upon hearing if the objection is rejected, the application goes ahead for scrutiny and the above-mentioned discrepancy procedure is followed. 
    2. In case the objection is not clarified or discrepancy is not resolved, the application is rejected and a rejection letter is sent to the applicant and the copyright registration process ends here.

Step 3: Registration

In the final step, the Registrar of Copyrights would enter the details of the copyright into the register of copyrights and issue a certificate of registration. The process of registration of copyright is completed when the applicant is issued the Extracts of the Register of Copyrights (ROC).

Documents necessary:

  1. Up to 3 copies of the work if the work is published;
  2. If the work is not published, then 2 copies of manuscripts;
  3. If the application is being filed by an attorney, then special power of attorney signed by the attorney and the party;
  4. Information regarding the title and language of the work;
  5. Information regarding the name, address, and nationality of the applicant;
  6. Applicant must also provide his mobile number and email address;
  7. In case the publisher is not the applicant, a no-objection certificate from the publisher  is required;
  8. If the work is published, the year and address of first publication are also required, and the year and country of subsequent publications.

Process followed by White Code Legal:

  1. The Client has to register themselves on our website.
  2. Once the Client is registered, we raise a Service Request.
  3. The Client receives a proforma invoice with an option to confirm and pay now or pay later.
  4. Once the Client confirms, our dedicated relationship manager liaisons with our experts and clients share a list of client information required to deliver the service.
  5. Once we receive the information, we take the required steps to deliver the service and the service request is closed.

Service Inclusions

  • Professional Fees

Service Exclusions

  • GST, Government Fee, and other Additional Taxes

Why White Code Legal?

At White Code Legal we prioritize and always strive to deliver excellence. Keeping the focus on maintaining affordable prices and delivering 100% client satisfaction we aim to make worth every penny our clients spend with us and build a lasting relationship with them.