FAQs on copyright registration

All works or ideas are not covered under copyright law. Copyright ability is the characteristics of a work that makes it suitable for a copyright. For a work to be copyrightable, it must be an original idea that is put to use. The registration of a copyright is not mandatory in India. Registration of a copyright is merely considered as recording of facts. The registration does not create or confer any new right and is not a prerequisite for initiating action against infringement. Under section 107 of the Copyright Act 1976 states that copyright disclaimer is interest generated for “fair use” of ideas

In this article, we are going to discuss important FAQS related to copyright registration in India-

Q – What do you mean by copyright?

A – Copyright is a right given to the holder which protects its work being protected from copying by others. Copyright is usually given to the creators of literary, dramatic, musical and artistic works and the producers of cinematograph films and sound recordings.

Q – What do you mean by copyright ability?

A – All works or ideas are not covered under copyright law. Copyright ability is the characteristics of a work that makes it suitable for a copyright. For a work to be copyrightable, it must be an original idea that is put to use.

Q – What is a copyright register?

A – Copyright register is the public record that is created after you register your copyright. All registered copyright are listed on the copyright register.

Q – What are different types of copyright forms available for copyright registration?

A – Different forms are required for copyright registration. Some of the forms used in copyright are-

1. Application Form for Registration of Copyright (Form-XIV)
2. Application Form for Registration of changes in Particulars of Copyright (Form-XV)
3. Application Form for the Relinquishment of Copyright (Form-I)
4. Proforma for discrepancy letter

Q – What is copyright disclaimer?

A – Under section 107 of the Copyright Act 1976 states that copyright disclaimer is interest generated for “fair use” of ideas such as review, comment, news reporting, teaching, scholarship, learning, and research.

Q – What are the benefits of a copyright disclaimer?

A – Benefits of a copyright disclaimer includes –

• Copyright disclaimer is an asset to your work.
• Copyright protects your rights against infringement of your original work.
• Copyright holder can ask for a financial payment for an illegal use of original work mentioned in copyright disclaimer

Q – Is registration of copyright mandatory in India?

A – No, Registration of copyright is not mandatory in India. 

Q – Is registration of copyright mandatory to initiate legal action in India?

A – No, registration of copyright is not mandatory to initiate legal action in India

Q – What is copyright registration?

A – Copyright registration is the process of creating a public record for a copyright. 

Q – What is a copyright registration number?

A – Copyright registration number is a specific number issued to a copyright holder after a basic copyright registration

Q – How to get copyright registration?

A – You can apply for copyright registration by applying either online on the official copyright website or filing an application with the copyright office either through post or at the copyright office. There are 3 steps involved in copyright registration process-

1. Filing of copyright application
2. Inspection of trademark application
3. Registration of copyright

 

Q – How much does copyright registration cost?

A – Different types of works attract different types of fees in India. An indicative list copyright registration fees is provided below –

For an application for registration of Copyright in a Cinematograph Film (Section 45)	Rs. 5,000/- per work
For an application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45)	Rs. 2,000/- per work
For an application for registration of copyright in a Sound Recording (Section 45)	Rs. 2,000/- per work
For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45)	Rs. 1,000/- per work
Literary, Dramatic, Musical or Artistic work	Rs. 500/- per work

Q – How long does copyright registration take?

A – There is no specific time limit for registration of copyright in India. However, it has been observed that usually it takes 9-12 months to register a copyright in India if all processes are followed and all requirements are fulfilled.

Q- How do you write a copyright disclaimer?

A – You can write a copyright disclaimer that discloses your ownership of copyrighted works. This disclaimer is not necessary, but can help discourage intellectual property theft.

Q – How to check copyright registration?

A – You can search for registered copyright on the official copyright portal. You can search for registered copyright by Diary number, ROC number, applicant or title of work.

Q – Is it mandatory to have a copyright registration?

A – No, it is not mandatory to have a copyright registration

Q – How can I find my copyright registration number?

A – Copyright registration number or diary number is a temporary number issued by a copyright office.

Q – What are the benefits of copyright registration?

A – Top benefits of a copyright registration in India are-

• Record of ownership in the public domain
• Presumption of ownership
• Ability to file lawsuits against infringement
• Perfect tool to claim damages
• Incentive to create original work 
• Prestige 

Q – Can you sue without copyright registration?

A – You cannot sue for copyright infringement for an unregistered copyright in India.

Q – Can you cancel a copyright registration?

A – You cannot cancel your registered copyright on your own

Q – Can you claim copyright without registering?

A – Although, copyright is generated as soon as original work is created. However, you cannot file against copyright infringement in absence of a registered copyright.

Q – How to do registration of copyright for a website?

A – Registration for a copyright is similar to other works. You need to file copyright application on official website along with mandatory documents

Q – How to do registration of copyright for a logo?

A – For the copyright registration of your logo, you need to present a graphic representation of your logo, applicable fees and documents on the copyright website.

Q – What are the different steps involved in the copyright registration process in India?

A – There are 3 main steps involved in copyright registration process in India-

1. Filing of copyright application
2. Inspection of trademark application
3. Registration of copyright

In this article, we have discussed some important FAQs related to copyright registration in India. However, you can read more FAQs that we have prepared for you different topics related to copyright in India-

• Want to know more about trademark search
• FAQs on trademark status and trademark registration
• FAQs related to NSIC registration
• Questions related to SSI/MSME registration in India
• Want to know more about Udyog Aadhar registration in India
• Import and export code (IEC) FAQs