Awareness about Copyright registration and Copyright Objection

Copyright is an exclusive right given to a person in respect of reproducing or authorizing anybody else to reproduce any literally, musical, dramatic, artistic or architectural work. It provides the shield to the unique expression of the idea. One crucial point to be noted here is that the copyright is not granted to the idea rather it is granted to the unique presentation of that idea. Further copyright is granted only to the expression of ideas that can be fixed in a tangible medium.

Works for which copyright can be obtained are as follows-

Literary Work

Literary work includes anything that can be represented through written words. It includes books, anthologies, journal and newspaper articles, reports, letters, emails, novels, poetry, song lyrics, databases, tables and compilations etc. Also, it includes short works such as abstracts, individual poems, dictionary meanings or encyclopedia entries etc.

Artistic Work

Artistic work includes paintings, drawings, diagrams, sculpture, photographs, engravings etc. It also includes architectural work and work of art like craftsmanship, jewelry etc.

Sound Recordings

The performer of the recorded sound or the record producer who processes the sound and fix it into the final recording can obtain a sound recording.

Music Copyright

Copyright in respect of song can be obtained for its lyrics or musical composition. This copyright is owned by the songwriter and/or publisher.

Procedure of obtaining copyright

The procedure for obtaining includes the following steps-

1. Filing an application- A holder of the work is empowered to make an application for copyright registered by himself or through his authorized representative. An application for copyright registration can be filed through both online or off lines methods. Further, the application shall be filed along with the prescribed amount of fees.

1. Examination of the application filed- As soon as an application for copyright registration is filed a diary number is provided to the applicant. The applicant is required to wait for the time period of 30 days in order to receive a no objection on the claims made by him. However, in case an objection received on the application made then registrar of copyright gives an opportunity of being heard to both the parties. 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 the time period of 30 days.
2. Registration- When the controller is completely satisfied with the claims made in the application he shall grant the copyright for the same and enter the particulars of the copyright in the register of copyrights and further issue a Certificate of Registration.

Copyright Objection

When an application for copyright registration is made it is examined by registrar. The examiner may raise the objections on the application filed for copyright registration due to similarities found in the application and existence of any kind of similar work. This objection raises as the copyright objection. The registrar will inform the applicant about the objections raised and will make requests for clarifications. It is a legal obligation of the applicant to file the response. In case 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.

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