Intellectual Property / Copyright / Filing a copyright application upto registration for a Cinematography Film

Filing a copyright application up to registration for cinematography works

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.

(ii) Creative

(iii) Tangible. 

A Cinematograph film can be defined as any work of visual recording on any medium and includes a sound recording accompanying such visual recording and 'cinematograph' shall include any work produced by any process similar to cinematograph including video films.

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 enables changing 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.

Procedure for registration:

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, In the final step, the registrar will issue a dairy number to the applicant.

2. Formalities check :

After receiving the application, the copyright office conducts formalities check to ensure all necessary documents are enclosed to the application.

3. Advertisement for objections

After the formalities check, for a period of one month, objections are invited from persons claiming an interest in the copyright.  If an objection is received, both parties will be heard by the Registrar. If the objection is sustained, then the application will be rejected.

4. Examination

In case of no objections or if they don't sustain, the copyright office examines the work based on the prerequisites and passes it for registration. In case of discrepancies, the applicant is given a chance for correction, and upon such corrections being of satisfactory nature the application proceeds for registration.

5. Registration

The final step is registration, in which a Registration Certificate and extracts from the entry made in the Registry will be sent to the Applicant.

Documents necessary:

  1. Form XIV 
  2. Statement of Particulars 
  3. 2 copies of the work (1 copy if work is published)
  4. Power of Attorney (if filing through an advocate or an individual other than the applicant)
  5. No Objection Certificate [NOC] from all the persons involved.

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.