Granting copyright protection in India is subject to certain conditions and requirements that
must be met.
These conditions serve to establish the eligibility and validity of a copyright claim, ensuring
that the rights of creators are safeguarded.
Understanding the conditions for the grant of copyright is essential for individuals and
entities seeking to protect their creative works in India.
What is Copyright Protection?
Copyright protection is a legal entitlement given to the originators of creative works,
including literature, art, music, drama, films, audio recordings, and software. It grants the
creators exclusive rights to control and use their creations and prevents others from
copying, distributing, or exploiting their works without permission. Copyright protection
gives creators the right to reproduce their works, create derivative works based on them,
distribute them to the public, display or perform them publicly, and financially benefit from
their creations.
This protection incentivizes creators to invest resources and effort into their works,
fostering innovation and creativity. Copyright protection varies from country to country but
generally lasts for the lifetime of the individual author plus a specific duration after their
death.
It allows creators to control the use of their works, protect their economic interests, and
maintain their moral rights as original authors.
What are the Reasons for Registering Your Copyright?
Registration of copyright offers several important benefits and protections. Here are some
reasons why you should consider registering your copyright:
1. Legal Evidence: Registration serves as legal evidence of your copyright ownership
and authorship of the copyrighted work. In case of any disputes or infringement
claims, it provides a strong record to support your rights.
2. Public Notice: Registration puts the public on notice that your work is protected by
copyright. It serves as a deterrent against unauthorized use and helps potential users
identify the owner and seek permission for any desired use.
3. Statutory Damages and Attorney’s Fees: If your copyright is registered before
infringement occurs or within a certain timeframe after publication, you may be
eligible to claim statutory damages and attorney’s fees in a legal action. This can be
advantageous in pursuing legal remedies and recovering damages.
4. Enforcement and Protection: Registration is a prerequisite for filing a lawsuit against
copyright infringement. It empowers you with the ability to enforce your rights in
court, seek injunctions, and pursue compensation for damages.
5. International Protection: Copyright registration in your country can facilitate the
process of obtaining protection in foreign jurisdictions under international copyright
conventions and treaties.
While copyright protection exists automatically upon the creation of an original work,
registering your copyright provides additional legal advantages and peace of mind, making it
a valuable step for creators seeking to safeguard their creative works.
The Copyright Office is Authorised to Provide Copyright Registration for Which Kinds of
Works?
The Copyright Office can grant copyright registration for a wide range of creative
works.Certain types of works that may be eligible for copyright protection are as follows:
1. Literary Works: This category encompasses various forms of written works such as
novels, poems, short stories, articles, essays, and computer code.
2. Artistic Works: Artistic works include paintings, drawings, sculptures, photographs,
illustrations, and architectural designs.
3. Musical Works: This category covers compositions, including both vocal and
instrumental music, as well as musical arrangements.
4. Dramatic Works: This includes plays, scripts, screenplays, and other forms of
dramatic writing.
5. Computer software or programs
6. Audiovisual Works: This category encompasses works that combine visual and audio
elements, including cinematographic films, videos, documentaries, television shows,
and multimedia presentations.
7. Sound Recordings: Copyright protection can be granted for the recording of sound,
such as songs, speeches, lectures, or other audio recordings.
8. Architectural Works: Architectural designs, plans, and blueprints for buildings or
structures can be eligible for copyright protection.
It’s important to note that these categories are not exhaustive, and copyright protection
may extend to other types of creative works as well. Each work is evaluated based on its
originality, creativity, and expression to determine its eligibility for copyright registration.
What are the Conditions for the Grant of Copyright in India?
In India, copyright protection is granted to creative works that meet certain conditions and
requirements. The conditions for the grant of copyright in India include:
Tangible Form Requirement
Copyright protection is granted to works that are expressed in a tangible form.
For example, a book, a painting, a sculpture, or a recorded song are all considered to be
fixed in some tangible medium of expression. However, ideas, concepts, or facts alone
cannot be copyrighted.
Example: An author writes a novel and publishes it in printed form.
The tangible book containing the author’s creative expression and original story is eligible
for copyright protection.
Originality Criteria
To be eligible for copyright protection, the work must be original.
It should originate from the author and should not be a copy or imitation of someone else’s
work. It should display a minimum level of skill, labor, or creativity.
Example: A musician composes a unique piece of music by blending different melodies and
incorporating original lyrics.
The original composition, which reflects the musician’s creativity, is eligible for copyright
protection.
Creativity Standard
The work should exhibit a sufficient degree of creativity or originality. It should reflect the
author’s intellectual effort and should not be a mere reproduction of existing material.
It should possess a unique expression or arrangement that distinguishes it from other
works.
Example: A photographer captures a photograph of a landscape using unique angles,
lighting, and composition.
The creative choices made by the photographer result in an original and distinct image that
is eligible for copyright protection.
Miscellaneous Criteria
First Publication Requirement: To qualify for copyright protection, the original work
should not have been published or made available to the public before.
Copyright is typically granted to works that are published for the first time.
Example: A poet writes a collection of poems and decides to publish them in a book. If the
poems have not been previously published or shared publicly, they meet the first
publication requirement for copyright protection.
Citizenship Requirement: For works created by authors who have passed away, the author
must have been a citizen of India at the time of their death to be eligible for copyright
protection.
This criterion ensures that the copyright protection benefits are extended to Indian authors.
Example: A renowned Indian playwright, who was a citizen of India at the time of their
demise, has left behind a collection of unpublished plays.
These plays are eligible for copyright protection in India.
Indian Publication Requirement: For publication in India, the author must hold Indian
citizenship at the time of publication.
This requirement ensures that copyright protection is granted to Indian authors for works
published within the country.
Example: An Indian photographer captures a series of stunning images and exhibits them in
a gallery located in India.
Since the photographs are published in India and the photographer is an Indian citizen, the
works meet the Indian publication requirement for copyright protection.
By satisfying these conditions, creators can secure legal protection for their works in India as
per the Indian Copyright Act.
It is advisable to consult with legal experts or the Copyright Office for precise guidance and
to ensure compliance with the specific requirements and procedures for copyright
registration.
Some Types of Works are Not Qualified for Copyright Safeguard
In addition to the categories mentioned earlier, copyright protection does not extend to
certain intangible works.
These include:
1. Ideas and Concepts: Copyright does not protect abstract ideas, concepts, or
theories. It only protects the tangible expression of these ideas. For example, you
cannot claim copyright on the concept of time travel or the idea of a love story.
2. Systems and Methods: Copyright does not protect systems, methods, or processes.
These may include scientific, mathematical, or business processes, algorithms, or
formulas. However, specific expressions or software code implementing these
methods may be eligible for copyright protection.
3. Facts and Data: Copyright does not protect purely factual information or data. Facts,
statistics, historical events, and other similar information are considered part of the
public domain and cannot be exclusively claimed through copyright.
4. Works without Originality or Creativity: Works that lack originality or are deemed
too trivial or common may not be eligible for copyright registration. This includes
simple lists, calendars, phone directories, or basic forms.
5. Works in the Public Domain: Works that are in the public domain, meaning they are
not protected by copyright, are not eligible for copyright registration. These include
works whose copyright has expired, works dedicated to the public domain, or works
that are not subject to copyright protection.
6. Works that do not have a physical presence.
Conclusion
The conditions for the grant of copyright registration in India provide essential guidelines for
creators and copyright owners to protect their works.
By meeting these requirements, individuals can secure legal recognition and enjoy the
exclusive rights granted under copyright law.
The application for registration serves as a crucial step in safeguarding one’s intellectual
property.
It ensures that the original expression of ideas is protected in a tangible form, granting the
copyright owner the authority to control the use, reproduction, and distribution of their
work.
Copyright registration not only benefits the individual rights of authors and creators but also
contributes to the larger framework of intellectual property rights.
It promotes the growth of a vibrant creative industry, encourages innovation, and provides
economic benefits by fostering a fair and competitive marketplace for digital content.
Moreover, copyright registration plays a significant role in addressing copyright violations
and issues.
It establishes a legal framework for resolving disputes, encourages fair dealing, and
promotes the responsible use of copyrighted materials.
In essence, the conditions for the grant of copyright registration in India establish the
minimum safeguards necessary for the protection of copyright and ensure that the rights of
creators and copyright owners are upheld.
By adhering to these requirements and seeking registration, individuals can fully leverage
the benefits of copyright and contribute to the continued growth and development of the
creative landscape.
General points:
What is copyright registration?
Copyright registration is the process of officially registering a creative work with the
appropriate copyright office to secure legal protection and exclusive rights over the work.
How long does copyright protection last?
In India, copyright protection generally lasts for the lifetime of the author plus 60 years after
their death.
Can I copyright my ideas?
No, copyright protects the expression of ideas rather than the ideas themselves.
Legal protection for ideas requires expression in a tangible material form, such as writing,
artwork, or recorded music.
What is the distinction between copyright and trademark?
Copyright protects original creative works, while a trademark protects names, logos, or
symbols used to distinguish goods or services in the marketplace.
Copyright focuses on artistic and literary works, while trademarks focus on branding and
commercial identity.
How is copyright granted in India?
Copyright in India is granted automatically upon the creation of an original work. However,
it is advisable to register your work with the Copyright Office of India for added protection
and benefits.
What cannot be copyrighted in India?
In India, certain types of works are not eligible for copyright protection.
These include ideas, facts, news, names, slogans, titles, procedures, systems, and
government works.
Additionally, works that lack originality or are in the public domain cannot be copyrighted.
What is the threshold of originality for copyright in India?
The threshold of originality in India requires that the work must possess a minimal degree of
creativity and originality.
It should not be a mere reproduction of existing works but should reflect the author’s
independent effort and expression.
When can I use copyrighted material without permission in India?
In India, there are certain exceptions and limitations to copyright called “fair dealing”
provisions.
These exceptions permit the utilization of protected material without authorization for
specific intentions such as analysis, assessment, news coverage, investigation, education,
and personal learning, as long as it is conducted reasonably and equitably.
Procedure of Copy Right Registration:
1. Enter your valid User ID and Password to login.
2. Click on New User Registration, if you have not yet registered.
3. Note down the User ID and Password for future use.
4. After login, click on to link “Click for online Copyright Registration”.
5. The online “Copyright Registration Form” is to be filled up in four steps
I. Complete Form XIV, then press the SAVE button to Save the entered
details, and press Step 2 to move to the Next Step.
II. Signature to be scanned in 512 KB and kept ready for uploading.
III. Fill up the Statement of Particulars, and then press the SAVE button to
Save the entered details, and press Step 3/4 to move to the Next step
IV. Fill up the Statement of Further particulars. This form is applicable for
“LITERARY/ DRAMATIC, MUSICAL, ARTISTIC AND SOFTWARE” works,
and then press the SAVE button to Save the entered details, and press
Step 4 to move to Next Step.
V. Make the payment through the Internet Payment gateway
6. After successful submission of the form, a Diary Number will be generated (Please
note it for future reference).
7.
I. Artistic Work to be uploaded in pdf/jpg format.
II. Sound Recording Work to be uploaded in mp3 format.
III. Literary/Dramatic, Music and Software* Work to be uploaded in pdf
format, less than 10 MB, keep ready.
*PDF containing at least the first 10 and last 10 pages of source code,
or the entire source code if less than 20 pages, with no blocked-out or
redacted portions.
8. Please take 1 hard copy (print) of the “Acknowledgement Slip” and 1 hard copy
(print) of the “Copyright Registration Form”, and send it by post to
Copyright Division
Department For Promotion of Industry and Internal Trade
Ministry of Commerce and Industry
Boudhik Sampada Bhawan,
Plot No. 32, Sector 14, Dwarka, New Delhi-110078
Email Address: copyright[at]Nic[dot]in
Telephone No.: 011-28032496
https://enviragallery.com/ alarm when the content on the website has been copied by the
outers
https://smallseotools.com/page-comparison/#google_vignette website comparison tools
https://www.copyscape.com/ website comparison tools/
ICANN [Internet Corporation for Assigned Names and Numbers]
Eligibility requirements for website copyrighting include:
Original work of authorship
Fixed to a tangible medium that allows the site to be perceived or communicated
Minimal amount of creativity
These are the requirements for having a copyrightable website.
What does a copyright cover?
When you submit your copyright, it will only cover the elements you provide in your form. If
you have photos and graphics on your site that you want to add to your copyright, you must
include those items in your copyright form.
What does a copyright not cover?
A copyright cannot cover ideas, procedures, or methods of operation. You can copyright your
website’s design, but you can’t copyright the way you created the design.
Only the physical appearance or product can be subject to copyright.Website copyright laws
also dictate that you cannot copyright your website’s domain or title. Let’s look at Target as an
example.
In this example, you would not be able to copyright “target.com,” which is the domain.
Additionally, Target can’t copyright the title for their website in the search results, as you see
in the example above.
Website copyright does not include either of these elements.
How to copyright a website
If you want to know how to copyright a website, follow these simple steps:
1. Go to the registration portal
First, you’ll visit the registration portal for the U.S. Copyright Office. Click “Log In to the
Electronic Copyright Office (eCO) Registration System” to get started. You will need to create
an account if you don’t have one.
If you choose to scroll down the page, you’ll see different categories you can register content.
Your website qualifies as “Other Digital Content.”
The U.S.
Copyright Office provides a helpful chart that details the types of digital works in this category.
2. Fill out the copyright application
Once you create an account and log in, you’ll fill out the required information in the form.
Some of this information includes:
Title of the work (Create a title related to your brand)
The year it was completed
Date of first publication
Name of author(s) (You/your company)
Name and address of the person claiming the copyright
Description of work submitted
Once you submit this information, you’ll move on to paying the fee.
3. Pay a filing fee
When you complete your application, you will have to pay a fee. The electronic registration
fee is $55. You can pay with a credit card or electronic check. The site will direct you
to Pay.gov, which is the online payment system for the Copyright Office. Once you complete
your payment, Pay.gov will send you back to the Copyright Office’s website.
4. Upload or mail in copies of your work
After filing your payment and completing the application, you’ll submit your work. You have
the option to upload a copy of your work or mail it to the Copyright Office. Since websites
publish in an electronic format, you’ll want to upload your content (as a PDF of your pages) to
their website.Once you upload the content, you complete the process.
Why should I register a copyright for my website?
After learning if a website can be copyrighted and how to copyright it, you’re probably
wondering: Do I need to copyright my website? While it’s not required, copyrighting your
website can save you from a lot of trouble later, like if people try to steal your work and claim
it as their own.
By registering a copyright for your website, there is a public record of copyright
ownership. If somebody tries to steal original work from your website, you have a
public and legal record of owning the rights to that content.
This ownership becomes beneficial if the problem escalates to an issue where you must sue
someone.If someone commits copyright infringement, you can only fight it if you have legal
proof that you own the copyright. For example, let’s say you upload a portfolio of your work
to your website and get it copyrighted. Company B took that portfolio and uploaded it to their
site, claiming it as their own.Because you have copyright claimed on that content, you could
sue Company B for taking your copyrighted material. Additionally, having the copyright deters
people from trying to steal your original work because it can result in a legal battle that they
will lose. Overall, copyrighting is an excellent way to protect the original works on your site
and keep people from claiming your work as their own.
FAQs about copyright
For this next section, we’ll answer a few common questions that arise with copyright:
What’s the difference between copyright, patent, and trademark?
When you look at information about copyrighting, you may see people use the terms patent
and trademark interchangeably.It’s important to note that these three terms all protect
different things. Let’s look at what each of these covers:
Copyright: Protects original works of authorship. (Target claiming their entire website)
Patent: Protects inventions or discoveries. (If Target invented a new stain-resistant
fabric for their clothing line, it would be a patent)
Trademark: Protects words, phrases, symbols, and designs. (Target claiming their
“Expect More, Pay Less” slogan) As you can see, each of these protects different
types of creations.
Who owns the copyright?
When you file a copyright claim, it’s important to understand website copyright laws. The
biggest question surrounding these laws is who owns the copyright. It’s a common question
for companies that try to copyright their website, so we’ll take the time to address it.
Your website is a compilation of different elements, like photos, text, and graphics. Even
though these elements are part of your site, you can only claim copyright to parts of your
website you created or pieces that others transferred to your business. For example, if you
have employees designing your site as a part of their job, the copyright belongs to your
business.
If you hire people outside your business to create elements on your site, it’s a different story.
Let’s say you hire an agency to design your website. Since you hired this company, the work
belongs to them.
When you filed the copyright claim, you would not be able to register a copyright for the
design on your website. The only way you can claim copyright for this work is if the original
creator transfers the rights to you. You can add a clause into your hire agreements that state
that the designer transfers all copyrightable content to your company.
It doesn’t matter who files the claim for the copyright. If you submit it on behalf of your
company, your business, as a whole, owns the copyright. The individual filer doesn’t own the
copyright.
How long does copyright registration take?
When you’re looking at how to copyright a website, it’s also essential to understand how long
it takes to receive copyright for your website.
The duration depends on whether you submit online or through the mail, as well as whether
you need to go back and forth about your paperwork with the copyright office.The average
process time for all claims is around four months. The turnaround time also depends on how
many applications the Copyright Office receives and clears at the time of your submission.
Can I see my copyright registration?
Yes.
Once you submit your copyright registration and it’s processed, there is a public record of it
available. You become part of the registration catalog.
In this catalog, you can search for any copyrights.
Likewise, if someone wants to look up your copyright, they can easily search through this
database to find it.
How long does a copyright last?
One of the most critical parts of adding copyright to a website is understanding how long that
copyright lasts. The length of a copyright depends on the work. Typically, copyright lasts the
life of the author, plus 70 years for standard works.
This category is where most websites fall. For works made for hire or anonymous content, the
copyright is 95 years from the year of the first publication or 120 years from its creation
(whichever expires first).
Do I need to renew my copyright each year?
No! Any content created after January 1st, 1978, does not need renewing each year.
As soon as you file the copyright, it is valid until the copyright expires.
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Copyright Protection in India- Overview and Recent Developments
What is Copyright?
Copyright is an intellectual property right that law gives to a creator of literary, dramatic,
musical, and artistic work and a producer of cinematograph films and sound recordings. It
also applies to architectural works and computer program/software. It can be understood as
a bundle of rights that includes the right of reproduction, communication, adaptation, and
translation of the work. Copyright ensures the protection of the rights of authors over their
creations and in turn aims at rewarding creativity.
The Copyright Law in India
The Copyright Act, 1957 (Act) along with Copyright Rules, govern the laws related to
copyright protection in India. Mere ideas, knowledge, or concepts are not copyrightable.
Having said that copyright protects the original expression of information and ideas.
Copyright can be claimed by either the creator or the person who has inherited the rights of
ownership from the original creator or an agent who is allowed to act on behalf of the
creator.
The Copyright Act provides an economic right to the author to reproduce the work, to issue
copies, to perform or communicate it to the public, to make any cinematograph film or
sound recording, or to make any adaptation or translation of the work. The Act also
provides a paternity right- right to claim authorship of the work; an integrity right- the right
to protect one’s honor and reputation and a general right- the right to not have a work
falsely attributed to oneself. These moral rights remain with the author even after
assignment of the copyright.
When it comes to enforcement, Copyright Board used to adjudicate certain cases pertaining
to copyright, however with the passing of the Finance Bill in 2017, the board was dissolved,
and its functions were transferred to the Intellectual Property Appellate Board (IPAB).
Subsequently, the IBAP was abolished in 2021, and powers were finally transferred to
Commercial Courts (a division of High Courts).
Registration
India being a signatory to the Berne Convention for the Protection of Literary and Artistic
Works, 1886 (Berne Convention), is obligated to give equal protection to the works
originating not only in India but also outside India in any of the contracting states. It is an
important principle of the Berne Convention that the registration of copyright is not
mandatory, in India too it is not mandatory for one to register a copyright for availing the
protection of law. Consequently, the Copyright Act 1957 also does not mandate registration.
Having said that when it comes to enforcement there have been inconsistent judicial
decisions on the issue of registration. Nevertheless, the latest standing of the Courts is in
alignment with the principles of Bern Convention and upholds that registration is not a
mandate for the IP right to prevail. Having said that, registering the copyright comes with
some advantages. For example, a registered owner can also record the registration with
Indian Customs to help in protection against the importation of infringing copies into India.
Further advantage is that copyright registration creates a public record of the ownership of
the copyright and a registered owner is entitled to statutory damages in case of
infringement which otherwise it would be only limited to an award related to actual
damages and profits which might quite complicated to establish in Court proceedings.
To register a copyright, the creator of the work has to file an application with the Copyright
office along with a requisite fee. Then follows several steps of scrutiny which includes giving
an opportunity for objections to be filed in view of the copyright application. In case there
are objections the applicant has to successfully defend their position. Finally, the
registration process concludes when the registrar enters the details of the copyright in the
Register of Copyrights and the applicant is provided with the Extracts of the Register of
Copyrights (ROC).
Time Period
In case of original literary, dramatic, musical, and artistic works the time period of copyright
in India is 60 years in addition to the author’s lifespan. Where there are multiple authors,
the term is 60 years post the death of the last author.
For cinematograph films, sound recordings, photographs, posthumous publications,
anonymous and pseudonymous publications, works of government and works of
international organizations, Copyright protection subsists for a period of 60 years from the
year of publication. In case of unpublished Cinematograph films, Photographs, and
computer programs the copyright subsites up to 60 years from the year in which the original
work was created.
Copyright for Sound recordings is valid for 60 years from the end of the year in which that
sound recording is published for the first time. Broadcast reproduction rights are valid for 25
years from the year of broadcast and performers rights last for 50 years from the year the
performance was made.
Recent Developments
On 30 March 2021, the Copyright (Amendment) Rules, 2021 was brought into effect with
the primary objective of bringing the existing rules in parity with other relevant legislations
and ensuring accountability and transparency. Moreover, the amendemnt of the Copyright
rules aimed at facilitating smoother functioning by adopting electronic means as primary
mode of communication and working in the Copyright Office. The amendments have
incorporated a new provision of publication of a copyrights journal which is available at the
official website of the Copyright Office.
Moreover, for better accountability and transparency, the Copyright Societies are now
required to draw up an Annual Transparency Report for the public. Such a report typically
contains information on license refusals, royalties collected and distributed, transactions
with foreign societies or organization and many more.
The time limit for the Registrar of Copyrights to either accept or reject an application for
registration of a copyright society has been extended from sixty days (60) to one hundred
and eighty days (180), for comprehensive examination.
As per the new amendments, an applicant does not have to submit the entire "source and
object code" for registration of software. The present requirement is the submission of the
first 10 and last 10 pages of source code, or the entire source code if less than 20 pages,
with no blocked out or redacted portions.
