Module 1 - Copyright

MODULE 1: BASICS OF COPYRIGHT
REGISTRATION

COPYRIGHT - THE ESSENCE

Copyright is a form of intellectual property – the ownership of an intangible
creation in whatever form it may take. When the creation you are protecting is a
literary, artistic or creative work, copyright is the form of intellectual property
right used to protect it.

In essence, copyright can be considered property – a relationship by which one
can say ‘you legally own it’. Let us elaborate, ‘You’ includes the creator, the
publisher or any other person who wants to be the owner of the content. By
‘legally’ it is meant that the government endorses and backs your ownership by
some form of law or record establishing ‘you’ the owner. ‘Own’ means that the ‘you’
shall have sole rights to copy or reproduce the work or grant permission to others
to do so. And lastly, ‘It’ stands for the form of work protected by copyright – literary
(books, scripts, even software) and audio-visual (music, photographs, and movies)
works. Thus, copyright owners are provided with a set of exclusive rights to
authorize the reproduction, adaptation, public distribution, public display, and
performance of their works. They may sell these rights or license them to others
for a fee. Users are free under the law to make any use of the work that copyright
law does not otherwise exclude.

Copyright is to the content what intekal1 is to the land. Both are meant for creating
ownership in the eyes of the government and create a right in rem. However, the
protection extended by copyright cannot be applied to any form of intangible idea
or concept. The protections apply to specific works, and the protection is limited
to the expressions of ideas that are contained and not the mere ideas found in a
work. The ideas can be used freely. For instance, any person is entitled to write a

1 Registering the name of the owner of the land in govt record.

book explaining to the general public how to use a recent version of a pen created
by XYZ. The author could not prevent anyone from publishing a book on the same
topic. Nevertheless, subsequent authors writing on the same topic cannot copy
from the book published or written by XYZ.
Copyright covers many different types of work, including:

1) Literary works
2) Musical works, including any accompanying words
3) Dramatic works, including any accompanying music
4) Pantomimes and choreographic works
5) Pictorial, graphic, and sculptural works
6) Motion pictures and other audiovisual works
7) Sound recordings, which are works that result from the fixation of a
series of musical, spoken, or other sounds
8) Architectural works

THE ESSENCES OF COPYRIGHT
• Protection Of The Expression
• Right Of Ownership
• Protection Against Unauthorized Uses

COPYRIGHT – THE RATIONALE

Divulging more into the necessity and importance of the copyright registration, it
can be said that here are three main reasons for copyright registration:-

1. Economic Considerations

2. Avoiding Unnecessary Disputes

From an economic point of view, granting an exclusive right would give the author
an economic reward for the exploitation of his work for a certain period. It acts as
an incentive for creativity. Since creative works are a boon to society, the
government provides and protects copyrights as a means of increasing the sum
total of creative works available to the public.

Unlike other forms of intellectual property rights, the protections of copyright are
automatic. This means that you can be considered the legal owner of the content,
with or without the copyright registration. Registration does not create or confer
any new right and is not a prerequisite for initiating action against infringement.

However, copyright registration has a very important role to play in the
protection of your copyright. Copyright registration creates a government record
of your ownership. The copyright registration certificate is accepted as a “proof of
ownership” in courts and by police authorities, and acted upon smoothly by them.

Moreover, registration works to demonstrate your intent to use the work
commercially – and entitles you to certain forms of damages and remedies when
pursuing a case of copyright infringement. When registration is made prior to
infringement or within three months after publication of a work, a copyright
owner is eligible for statutory damages, attorneys’ fees, and costs.

COPYRIGHT – THE REGISTRATION ESSENTIALS

Now that we have understood the meaning and the necessity of the copyright, we
can get to the core of this module – the process of registering a copyright. Through
this module, you will be able to register your own work, and even help a friend out
with the process. We will be going through an example of this process by the end
of this module.

Copyright registration is not an simple, intuitive task, but with a little bit of
explanation and experience, the process can become much, much easier.
Note: Do not attempt to understand the copyright process from the government
website. The website is ill-maintained and updated infrequently, making it difficult
to find crucial information and lacking in modern amendments and changes in
form and procedure. Furthermore, do not also try to understand the process from
the information provided on the other websites, which may confuse you with
omissions or oversimplifications. Many of these websites are attempting to solicit
the services of an agent, so they aim to describe the process rather than serving as
a proper guide for one to follow.

In order to undertake the process of registration, one needs to acquire a few items
– two copies of the content, a financial instrument to pay the fees, a no objection
certificate (if needed), and a power of attorney (if needed).

COPIES OF THE CONTENT

You only need to acquire two ordinary copies of the work to file for a copyright.
There is a good deal of misinformation spread regarding the requirements for
more copies or more expensive copies, however the process only really requires
two.

MONEY

Once you have reduced your creative idea in any tangible form and ready to
proceed with the registration, it is advised you set aside the amount required for
the whole process. The fees required vary depending on the type of work being
protected, and the government provides a full table of the fee structure on their
website2. A simple gist of that table is as follows:-

COST FOR COPYRIGHT REGISTRATION

2 http://copyright.gov.in

Copyright in a Literary, Dramatic, Musical or Artistic Rs. 500/- per work
work

Copyright in a Cinematograph Film Rs. 5,000/- per
work

Copyright in a Sound Recording Rs. 2,000/- per
work

In terms of application fees, this is all the payment you require to get a copyright
registration. The fees for the registration is deliberately kept low so that people
from all stratas of society can have access to the same. These fees may be paid
through Demand Draft, Indian Postal Order, or e-payment.

NON-OBJECTION CERTIFICATE

You may need to file a non-objection certificate along with your application. Such
a certificate is required in the following cases:

• If applicant is different from author [NOC from author]
• If work is published and the publisher is different from the applicant [NOC

from the publisher]
• If another’s photograph appears on the work (Artisitic Work) [NOC from

person owning that photograph]
• NOC from various copyright holders or copy of agreement (deed of

assignment). (Cinematograph, Recording)

NON-OBJECTION CERTIFICATE

If the application is being filed through an attorney, a specific power of attorney is
required – one covering the entire copyright process, signed by the applicant and
accepted by the attorney.

NOTE :-

• You do not require more than two copies.
• You do not have to pay more than the amount prescribed by the

government.
• Do not let agents fool you into paying for extra amount or copies of your

content.
• Registration is not a complex process, do not let anybody tell you otherwise.

COPYRIGHT – THE PROCEDURE

STEP 1 -APPLICATION FORM

You would require a From XIV for making an application for registration of
copyright. This form has been attached at the end of this module. One application
is used for each work you wish to protect – so if there are multiple works, you will
need to fill out a separate application form for each.

The form can be downloaded from website or purchased from copyright office
directly. Similarly, the form can be submitted by applying physically in the
copyright office or through speed/registered post; or through the e-filing facility
available on the official website of Copyrights Office (copyright.gov.in).

Form XIV is a fairly simple form. Only the most basic details have to be filled –
however it is important to fill in all the details thoroughly to avoid unnecessary
objections or delays. Below, we shall fill an sample form for you : -

1. Registration number (To be
filled in the Copyright Office)

2. Name, Address and Nationality Kenny Sebastian
R/o H. No. 14 Funny Lane, Funny
of the Applicant District, Kerela – 695102

INDIAN

3. Nature of the applicant’s interest Owner and Licensee
in the copyright of the work

4. Class and description of the work Original Literary and Adaptation

5. Title of the work I am funny

6. Language of the work English

7. Name, address and nationality of Kenny Sebastian
R/o H. No. 14 Funny Lane, Funny
the author and, if the author is District, Kerela – 695102

deceased, the date of his decease INDIAN

8. Whether work is Published or Yes, Published
Unpublished

9. Year and country of first 2010

publication and name, address India
XYZ Publishers,
and nationality of the publishers Xyz Lane, XYZ District
Indian

10.Years and countries of None

subsequent publications, if any,

and names, addresses and

nationalities of the publisher

11.Names, address and nationalities None
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 assignment and
licenses, if any

12. Names, addresses and Biswa Kalyan Rath

nationalities of other persons, if R/o H. No. 20 Funny Lane, Funny
District, Kerela – 695102
any, authorized to assign or INDIAN

license the rights comprising the

copyright

13.If the work is an “artistic work”, No
the location of the original work,
including name, address and
nationality of the person in
possession of the work. (In the
case of an architectural work, the
year of completion of the work
should also be shown

14.If the work is an ‘artistic work’ No
which is used or is capable of
being used in relation to any
goods, 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.]

15.If the work is an “artistic work” No
whether it is registered under
the Designs Act 2000. If yes give
details.

16.If the work is an “artistic work” No
capable of being registered as a

design under the Designs Act
2000, whether it has been
applied to an article though an
industrial process and , if yes, the
number of times it is reproduced.

Let’s understand the form that we have just filled.

So, there is a comic Kenny Sebastian, who had written a book called ‘I am Funny’,
therefore, his details are filled in column no 7. There are various classes under
Copyright Act as it covers various literary and artistic works. Copyright subsists
throughout India in the several forms of work, as we discussed previously – and
each will require separate analysis by the copyright office – and may incur
different fees.

A book is a literary work and Kenny has written it himself, so it classifies as
original literary work. However Kenny’s book is an adaptation of the book
‘Seinlanguage’ by Jerry Seinfeld. You should know that in India, copyright
protection is given to adaptive, abridged and translated work. Therefore, in
Column 4, you are required to state under what class you work falls and details as
to adaptive, abridged, and translated works. Kenny had already published this
book India in 2010 by XYZ Publishers, Xyz Lane, XYZ District which has to be
revealed in Column No. 9. Since the copyright protects various forms of work, it is
advised that every detail regarding your work should be mentioned in the form.

Now Kenny, being a smart man knows that he is famous now and he can get the
content published by a better publisher. Kenny wanted to be the owner of his
content as well he wanted that he should also be able to grant license grants for
the rights to copy, distribute, and modify the book, thus he filled the owner and
licensee in the column no. 2 for nature of interest in the form. Kenny being a
creative person does not understand the business and only trust Biswa Kalyan

Rath, his friend, for business decisions. Therefore, he authorized Biswa to be able
to assign or grant license of the content in column no. 12. Now, Biswa can act on
behalf of Kenny only for the purposes of assigning or granting license of the
content.

You would notice that Column No. 13 – 16 is filled with a simple ‘no’. This is
because Kenny has written a book with comes under the class of ‘literary work’
and not ‘artistic work’ which was the requirement of the columns.

What is an ‘ Artistic Work’, you ask ? Well, an artistic work refers to-

o a painting, a sculpture, a drawing (including a diagram, map, chart or
plan), an engraving or a photograph, whether or not any such work
possesses artistic quality;

o a work of architecture; and

o any other work of artistic craftsmanship.

If your work falls under the definition of an artistic work, then as explained in our
very first example you can obtain protection under either the Trade Mark and
Design Act. These columns require you to fill whether you have registered or are
capable of registering under the Trade Mark or Design Act. We have separate
modules covering those areas.

There is another table for literary, including Software, Dramatic, Musical and
Artistic Works only, to be filled in form XIV. That table requires the details if your
work is adaptive, abridged or translated work. You would be required to fill the
details as to the original source. There are no big complex words in it.

NOTE :-
The application form has recently been changed. Earlier it used be Form IV but
now it has been changed to form XIV. Form IV is no longer required. The
government website is still mentioning Form IV in various pages of their

website; you should know that only form XIV is used now days. Do not get misled
into using form no. IV.

Documents Required

• Application Form – Check
• Money for Fees – Check
• No-Objection Certificate – If Required
• Power of Attorney – If Required

Now only thing required is the documents to be attached along with the
application form. Documents required are mentioned herein below:-

Type of Work Document to Attached

Artistic 1. 2 Copies of work
Cinematograph 2. DD/IPO of Rs. (as discussed) per work
3. NOC from author if applicant is different from

author.
4. NOC from the publisher if work is published and

the publisher is different from the applicant.
5. Search Certificate from Trade Mark Office (TM -60)

if the work is being used on goods or capable of
being used as goods.
6. NOC from person whose photograph appears on
the work.
7. 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
1. 2 Copies of work
2. DD/IPO of Rs. (as discussed) per work.

Music 3. NOC from various copyright holders or copy of
Literary/ Dramatic agreement (deed of assignment).

4. NOC from publisher if work published and
publisher is different from applicant.

5. 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.

1. 2 Copies of work
2. DD/IPO of Rs. (as discussed) per work.
3. NOC from publisher if work published and

publisher is different from applicant.
4. NOC from author if applicant is other than

author.
5. 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.

1. 2 Copies of work
2. DD/IPO of Rs. (as discussed) per work.
3. NOC from publisher if work published and

publisher is different from applicant.
4. NOC from author if applicant is other than

author.
5. 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.

Recording 1. 2 Copies of work
2. DD/IPO of Rs. (as discussed) per work.
3. NOC from publisher if work published and

publisher is different from applicant.
4. NOC from various copyright holders or copy of

agreement (deed of assignment).
5. 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

FILLING THE APPLICATION

It should be remembered that there should be one application for one work. This
Application Form can be bought from the copyright office or can be downloaded
from the website. For your convenience, we are providing you with a form with
this module. The Copyright office is at

Copyright Division
Department of Industrial Policy & Promotion, Ministry of Commerce and

Industry
G-30, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066

Email Address:
Telephone No.: (Office) 011-26100118,19

After filling the form, this application can be made by applying physically in the
copyright office or through speed/registered post; or through e-filing facility
available on the official website of Copyrights Office (copyright.gov.in). An author
or applicant can file the application for registration of copyright, himself or via his
authorized legal representative. Each application in Form XIV has to be
accompanied by the requisite fee prescribed as discussed above. Fee ranges from

500 INR to 40,000 INR, depending on the form of work. The fee can either be in the
form of Demand Draft or Indian Postal Order favoring “Registrar of Copyright
Payable at New Delhi” or through E-payment. In case the application is filed online,
then you have to take the print of “Acknowledgement Slip” and “Copyright
Registration Report”, and send it by post to the aforementioned address. Even the
application form is bought from the above mentioned address.

NOTE:
The official website of copyright office has not updated the website. The office
has been transferred to the above mentioned address but the website still
provides the old address. Do not get confused.

STEP 2: EXAMINATION

Once the application is filed, a diary number is received. The diary number is in
the form of:

Diary no: xxxx/xxxx-CoL

Once a diary number is received, there is a a mandatory wait period of 30 days, in
order to give potentially either the registrar or other interested parties a chance
to lodge an objection to the registration of the copyright.

Objections from the registrar may be raised for various reasons, such as
similarities found in the application and existence of similar work, improperly
filled forms, etc. The copyright objection may rise anytime from 30 days of the
filing of copyright application. If no objection is filed then the process is over in 30
days. It would require maximum of two trips to check objection /check online

If no objection is found – i.e., if nobody objects to the fact that the content which is
being copyrighted belongs to the author/applicant or ought to be protected by
copyright – a “No Objection” is filed against the claim made by the author.

a. IN CASE OF NO OBJECTION: The application goes ahead for scrutinization by
an examiner. This scrutiny gives rise to two options:

1. IN CASE OF DISCREPANCY FOUND DURING SCRUTINY: A letter of
discrepancy is sent to the applicant letter is generated and sent to the
applicant. Based on the reply from the applicant, the registrar conducts a
hearing of the alleged discrepancy row. Once the discrepancies are
examined during the hearing, the extracts of the same are sent to the
applicant for him/her to register the copyright.

2. IN CASE OF NO DISCREPANCY: This would mean that the copyright
application fulfils all criterion required for the copyright. The applicant is
then given the nod to go ahead with the registration of the same. (If the
registration is not approved, then the applicant received a letter of
rejection). If some objection is filed against the copyright claim, then it may
take one more month

b. IN CASE OF AN OBJECTION FILED: While we listed above the scenarios of ‘no
objections’, in case one is faced with an objection, the following proceedings take
place:
After thorough examination of the application, if objections rise, the registrar
informs the applicant of the same and requests for clarifications. It is important to
file a response to the copyright objection letter. If a response is not filed, then the
registrar may cancel the copyright application and thus, the application is updated
as ‘rejected’ in the copyright journal.

To avoid any such results, it is important to respond to the copyright objection to
obtain and sustain the legal rights of the work.

RESPONSE TO COPYRIGHT OBJECTION

Copyright objection letter is a legal letter and thus responding to it requires legal
knowledge and drafting skills. There is no fixed format to draft a response to

copyright objection letter. An applicant can draft the response by themselves,
however at this stage legal representation may be the difference between a
successful application or a rejection. When the objection is filed, the Registrar of
Copyrights gives both the parties – the applicant as well as the person objecting –
an opportunity of hearing the matter. After the decision on the ownership or if the
objection is rejected, the application goes for scrutiny. The applicant is asked to
remove any discrepancy, if found; within 30 days.

There is a minimum wait of 30 days for recording and analysing any objections
that may come up against the copyright application

Depending on whether the registrar accepts or rejects the the reply, the following
takes place:

1, If the application is accepted: If the application is accepted, that means the
objection has been rejected. The application goes ahead for scrutinization by an
examiner. This scrutiny gives rise to two options:

a. In case of discrepancy found during scrutiny: A letter of discrepancy
is sent to the applicant letter is generated and sent to the applicant. Based
on the reply from the applicant, the registrar conducts a hearing of the
alleged discrepancy row. Once the discrepancies are sorted during the
hearing, the extracts of the same are sent to the applicant for him/her to
register the copyright.

b. In case of no discrepancy: This would mean that the copyright
application fulfils all criterion required for the copyright. The applicant is
then given the nod to go ahead with the registration of the same. (If the
registration is not approved, then the applicant received a letter of
rejection)2. If application is rejected: In case this happens, then the
applicant receives a rejection letter that marks the end of the copyright
procedure

NOTE:
You would be required be required to visit the copyright office at regular
intervals to keep up with the procedure. The officers at the counter are generally
helpful and would even answer queries on the phone. However, on the
mentioned date, you still must visit the office to check the process of your
application. You can do the same on the given website; however, as mentioned
again and again the website does not get updated regularly.

STEP 3: CERTIFICATION

On further submission of documents, if the Copyright Registrar is completely
satisfied with the completeness and correctness of the claim made in the
application, he shall enter the particulars of the copyright in the register of
copyrights and further issue a Certificate of Registration. Registration completes
when the applicant is issued with the copy of entries made in the Register of
Copyrights.

COPYRIGHT – THE EXTENT OF PROTECTION

Copyright in India is recognized virtually worldwide under the Berne Convention
and the applicable law of its member nations. Over 160 nations are members of
the Berne Convention, and protect the rights of works granted copyright in India.
If total compliance is followed the “certificate of copyright” is a future safeguard
for the creative minds to preserve their creativity and reap exclusive monetary
benefits from it as well.

The copyright lasts for a very long period of time – longer than any other form of
intellectual property right. For original literary, dramatic, musical and artistic
works, copyright protections last for the lifetime of the author or artist, and
another 60 years after their death. For cinematograph films, sound recordings,

works of government and works of international organizations, copyright
protections last for 60 years from the year of publication.