April 8, 2022
Documents Required for Copyright Registration in India
Copyright registration in India is the way to go if you want to safeguard your work from unauthorized access and takeover. The nice aspect is that Copyright registration is only necessary once. That implies that once your work is protected by copyright law, you won’t have to go around to the authorities every year to renew it. We at MARKSHIELD promote such ideas for the betterment of society, and we’ll be glad to assist you in registering your first COPYRIGHT in India. It is valid for a lifetime and provides extensive protection for your work against unauthorized access or infringement. This article will reveal the list of documents necessary for copyright registration.
What Kind of Work can be Registered Using a Copyright? Which Documents are required?
Copyright is an intellectual property right (IPR) that gives the author of a unique creative work the only legal right to use it. Copyright protects original works of authorship comprising literary, theatrical, musical, and creative works, such as a painting, a sculpture, poetry, books, movies, songs, computer software, and architecture.
1. Literary Work
The development of original literature in any form, including fiction, biographies, technical books or papers, dramatics, scripts, theses, research papers, tables, compilations, and computer programs, including databases, comes under this category. It can be claimed regardless of the work’s quality, style, or literary worth.
Which Documents are required?
- Two copies of the work
- If the applicant has no relation to the publisher or published work, the publisher’s NOC is required.
- If an attorney files the registration application on behalf of the applicant, the attorney must accept the applicant’s power of attorney. A power of attorney must include the applicant’s signature.
- For payment of appropriate fees based on the type of the work, use an IPO (Indian postal order) or a Demand draught (DD), you can also make online payment choosing Net Banking, UPI, Credit or Debit card.
2. Artistic Work
The copyright in artwork exists in an original artistic work that includes paintings, sculptures, graphics, cartoons, etchings, lithographs, photography, drawings, plans, maps, diagrams, charts, buildings, models of buildings, molds, and casts for sculptures, according to section 2 of the Copyright Act.
Which Documents are required?
- If the candidate or applicant is not the author, the author’s NOC is required.
- If the work has been published and the publisher is not the same as the applicant, the publisher’s NOC is required.
- If the work is being used on the products or is capable of being used on the goods, a search certificate from the trademark office (TM-C) is required.
- NOC from the person whose photo appears on the piece
- If the application is being submitted with the assistance of an attorney, the applicant must sign, and the attorney must accept an extraordinary power of attorney.
- For payment of appropriate fees based on the type of the work, use an IPO (Indian postal order) or a Demand draught (DD), you can also make online payment choosing Net Banking, UPI, Credit or Debit card.
3. Cinematograph Film
A cinematograph is a piece of the visual and sound recording created by any technique, conventional or digital, including video films. It covers visual recordings made on any media and stored in any manner. Every recorded work with moving visuals/images is termed a cinematograph.
Which Documents are required?
- Two copies of the work.
- NOCs from various copyright holders or a copy of the contract (deed of assignment).
- If the work has been published and the publisher is not the applicant, the applicant must get a letter of authorization from the publisher.
- An original copy of a ‘Power of Attorney signed by the applicant and acknowledged by the attorney is required when filing an application through an attorney.
- For payment of appropriate fees based on the type of the work, use an IPO (Indian postal order) or a Demand draught (DD), you can also make online payment choosing Net Banking, UPI, Credit or Debit card.
4. Dramatic Work
Any composition for recitation, an arrangement for performing a play, work of choreography or dumb show entertainment, a scenic performance, or the work of acting based on a fixed written work is considered a dramatic work. However, a cinematograph film is not included.
Which Documents are required?
- Two copies of the work
- If the candidate is not the author, the author must provide an authorization letter.
- If the candidate is not the author, the author’s NOC is required.
- An original copy of a ‘Power of Attorney signed by the applicant and acknowledged by the attorney is required when filing an application through an attorney.
- For payment of appropriate fees based on the type of the work, use an IPO (Indian postal order) or a Demand draught (DD), you can also make online payment choosing Net Banking, UPI, Credit or Debit card.
5. Music Work
A musical work is a separate copyrightable work that does not include sound or lyrics. Although sound recording works are dependent on the musical piece, a particular application must be relocated with the musical work to safeguard it. The author of the sound recording must obtain permission from the composer of the music.
Which Documents are required?
- Work is duplicated twice (graphical notes).
- If the work has been published and the publisher is not the applicant, the applicant must get a letter of authorization from the publisher.
- If the candidate is not the author, the author’s NOC is required.
- An original copy of a ‘Power of Attorney signed by the applicant and acknowledged by the attorney is required when filing an application through an attorney.
- For payment of appropriate fees based on the type of the work, use an IPO (Indian postal order) or a Demand draught (DD), you can also make online payment choosing Net Banking, UPI, Credit or Debit card.
6. Sound Recording
Sound recordings include songs that feature a singer’s voice with or without music, a recorded speech or audio, or a podcast. This encompasses any endeavor that involves sound recording, regardless of the method or storage used. If the sound recording includes music, authorization from the music work’s creator is required.
Which Documents are required?
- Two copies of the work.
- There is no copyright holder’s objection certificate or assignment deed.
- If the applicant has no relation to the publisher or published work, the publisher’s NOC is required.
- If an attorney file Copyright registration application on behalf of the applicant, the attorney must accept the applicant’s power of attorney. The applicant’s signature is required on a power of attorney.
- For payment of appropriate fees based on the type of the work, use an IPO (Indian postal order) or a Demand draught (DD), you can also make online payment choosing Net Banking, UPI, Credit or Debit card.
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Nagma Kacchi is a graduate of Mumbai University and she has an in-depth knowledge of branding and value proposition and has participated in various Intellectual Property webinars and is interested in exploring the legal world.
