Intellectual Property / Copyright / Filing a copyright application upto registration for a Sound Recording

Filing a copyright application up to registration for a sound recording

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

(ii) Creative

(iii) Tangible. 

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: 

  • Copyright is the legal protection of rights that exist for various components such as lyrics of the song, musical composition, etc. 
  • Each of the several rights existing in a sound recording can then be assigned, reassigned, and licensed.
  • Copyright Act allows the owner of the copyright to reproduce the work. 
  • The owner of a copyrighted sound recording can perform the work in public, make translations of it, make adaptations of the work, etc.
  • The owner of the copyright can bring an infringer of his or her copyright to the court. 
  • The author of the copyright retains a right to have his name published in all copies of his work, which prevents distortion of his original work.
  • A voluntary license can also be granted, whereby the copyright owner of the sound recording may grant any interest in the right by license by writing.

Who can file a copyright application?

  1. Lyricist
  2. Composer
  3. Singer
  4. Producer

Procedure for registration:

  1. For registration of a copyright, Form XIV is the application to be filled along with its prescribed fee to the Registrar of Copyrights.
  2. Form XIV is to be signed by the applicant. 
  3. The owner should file the No Objection Certificate (NOC) by the other authors. 
  4. The applicant should give notice to every person who claims to have an interest in the subject matter of the copyright.
  5.  When the Registrar is satisfied with the correctness of the particulars given in the application, and he receives no objection within thirty days of filing the application, he shall make an entry of the copyright in the Register.
  6.  When he is dissatisfied with the correctness of the particulars made in the application, he shall hold an inquiry. 
  7. The registration is said to be complete when the Registrar signs the copy of the entry of the copyright in the Register.

Documents necessary:

  1. A statement of particulars and a statement of further particulars are required if the work sought to be given copyright is not original.
  2. A copy of the Acknowledgement Slip and one hard copy of the Copyright Registration Form.
  3. No objection certificate if the copyright application is being filed on behalf of the author by any other person.
  4. Copies of the work irrespective of published or unpublished
  5. Details of fee payment
  6. Power of Attorney, if being filed by a lawyer.

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.