The Registration of Copyright

How to Register a Copyright

A Schedule to the Copyright Act mentions what the fees for different types of works are. For example, the fees to register the copyright in a literary work is 50 INR. The fees (which can be sent by postal order or by a DD in favour of the Registrar of Copyrights) along with the application form, statement of particulars, statement of further particulars, (available online) and the work in triplicate is required to be sent to the Registrar of Copyrights at the Copyright Office, B-2/W-3 Curzon Road Barracks, Kasturba Gandhi Marg, New Delhi 110001, India.

What the Copyright Act Says

Chaper X of the Copyright Act deals with the registration of copyright.

The author or publisher of, or the owner of or other person interested in the copyright in, any work may make an application to the Registrar of Copyrights to have the copyright registered. On the receipt of an application in respect of any work, the Registrar of Copyrights may, after holding with inquiry as he may deem fit, enter the particulars of the work in the Register of Copyrights.
In respect of an artistic work which is used or is capable of being used in relation to any goods, the application shall include a statement to that effect and shall be accompanied by a certificate from the Registrar of Trade Marks referred to in Section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958), to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under than Act in the name of, or that no application has been made under that Act for such registration by, any person other than the applicant. (Section 45)

The main benefit of getting a copyright registered is that the Register of Copyrights is prima facie evidence of the particulars entered in it and documents purporting to be copies of any entries in it, or extracts from it certified by the Registrar of Copyrights and sealed with the seal of the Copyright Office are admissible in evidence in all courts without further proof or production of the original. (Section 48)

The Copyright Act makes various provisions with regard to the Register of Copyrights which is to be kept at the Copyright Office, and is required to contain the names or title of works and the names and addresses of authors, publishers and owners of copyright and such other particulars as are prescribed. (Section 44).

Indexes of the Register of Copyrights as may be prescribed are also kept at the Copyright Office. (Section 46)

The Register of Copyrights and indexes thereof are open to inspection at all reasonable times, and any person is entitled to take copies of, or make extracts from, the register or indexes on payment of a fee and subject to prescribed conditions. (Section 47)

The Registrar of Copyrights may, in the prescribed cases and subject to the prescribed conditions, amend or later the Register of Copyrights by (a) correcting any error in any name, address or particulars; or (b) correcting any other error which may have arisen therein by accidental slip or omission. (Section 49)

The Copyright Board, on application of the Registrar of Copyrights or of any person aggrieved, shall order the rectification of the Register of Copyrights by (a) the making of any entry wrongly omitted to be made in the register, or (b) the expunging of any entry wrongly made in, or remaining on, the register, or (c) the correction of any error or defect in the register. (Section 50)

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