|Introduction||Trademark protects any word, symbol, a design that identifies a business and distinguishes the band from others.||It protects the expression of ideas like artistic work. Artistic work includes work related to books, paintings, music and computer Programme. Copyright protection helps in excluding others from using the work.||The patent protects the invention of the inventor and gives an exclusive right to the inventor over his/her invention and it also excludes others from using the invention.|
|Significance||Brand Identification||Expression of Idea||Invention|
|Govern by||Trade Marks Act, 1999||Indian Copyright Act, 1957||Indian Patent Act, 1970|
|Protection given for||Any word, logo, symbol, mark, phrase that differentiates goods of one party from another.||Novel works of authorship like books, articles, songs, photographs, paintings, choreography, sound recordings, motion pictures, etc.||Features of shape, configuration, pattern, and ornament, the form of lines, color or blend thereof applied to each article.|
|Who seeks protection||Business and product owners.||Authors, artists, choreographers, architects, and other creative professionals.||Individual or enterprise|
|Components||Protects distinctive mark, symbol or design Consumer recognition and goodwill||Expression embodied in a fixed medium Protects Artistic & literary work||Protects Invention|
|Registration Requirement||Trademark registration is not mandatory however it is advisable to get as it gives exclusive right over the mark/symbol.||There is no such registration required.||Patent Registration is mandatory.|
|Requirements for Registration||Used in commerce The mark needs to be unique.||Originality- The work must be original, creative and must be able of fixing in the tangible form.||Invention The design needs to be original and must be referred to the article by any industrial process.|
|Exclusions||Prevent others from using the same logo/symbol.||Others are not permitted copy the work without the permission of the creator.||Prevent others from using the invention without the consent|
|Rights provided||Rights to apply the mark and stop any 3rd person from using the deceptively same mark.||Right to control the reproduction, creating of copied works, distribution and public performance and shows of the copyrighted works.||Right to stop others from producing, selling using or importing the patented invention.|
|Validity Term||Renewed 10 year||Till death +Till 60 years after death||20 years|
|The disclosure required||Yes||Yes||Yes|
Note-Commercial rental does not apply in respect of computer programmes where the computer programme is not the essential object of rental
|Type of Work||Documents to be submitted online|
|1||FORM-I||Notice of Relinquishment of Copyright|
|2||FORM II||Application for Compulsory Licenses for Works Withheld from Public|
|3||FORM III||Application for Compulsory License for Publication/ Communication to the Public/Translation|
|4||FORM IV||Notice for Termination of License|
|5||FORM V||Application for a Compulsory License for Disabled Persons|
|6||FORM VI||Application for License for Translation|
|7||FORM VII||License for Publication, Translation and Reproduction of Work|
|8||FORM VIII||Application Form for Permission to carry on Copyright Business and for registration as a Copyright Society|
|9||FORM IX||Application Form for Re-Registration or Renewal of Registration of a Copyright Society|
|10||FORM X||Certificate Of Registration Under Section 33(3) Of The Copyright Act, 1957|
|11||FORM XI||Application Form for Permission to carry on Business and for Registration as a Performer’s Society|
|12||FORM XII||Application Form for Re-Registration or Renewal of Registration as a Performer’s Society|
|13||FORM XIII||Form of Register of Copyrights|
|14||FORM XIV||Application for Registration of Copyright|
|15||FORM XV||Application for registration of changes in the particulars of copyright entered in the Register of Copyrights|
|16||FORM XVI||Notice Under Section 53 Of The Act|
|17||Proforma||Proforma for discrepancy letter|
Click onto NewUser Registration, if you have not yet registered.
Note down User ID and Password for future use.
The first step in Copyright registration is user registration on the website of government. After successful registration, the user will receive login ID and password.
Go to the website www.copyright.gov.in
Create a User Id on the website
Login by entering the User Id and Password
Go to the Online Services and under e-filing of Applications, click on Online Registration of Copyright.
Filing of Copyright Registration Application
Copyright registration application is made in form XIV as per the first schedule of the rules along with the fee prescribed under the second schedule of the rules. This application must be signed by the applicant. The power of attorney is also required to be enclosed if required which must be signed by the party & accepted by the advocate.
The copyright application is divided into 4 steps such as Form XIV, Statement of Particulars, Statement of Further Particulars containing Power Of Attorney to be executed and Payment Details.
Complete the Form XIV by entering the basic details of the applicant, then press SAVE button to ‘Save’ entered details, and click on Step 2 to move to Next Step.
Signature to be scanned in 512 KB and kept ready for uploading.
Fillup the Statement of Particulars, and then press SAVE button to Save entered details, and press Step 3/4 to move to Next step. Further, in Statement of Particulars following mandatory details are to be mentioned:
Name, address and nationality of the applicant Signature of the applicant which shall be in jpg and jpeg format with file size less than 512 KB. Nature of the applicants interest in the copyright of the work Class of the work such as Literary/Dramatic, Artistic, Cinematographic Film, Sound Recording, Music or Computer Software. Title of the work Language of the work
Name, address and nationality of the author and if the author is deceased, the date of his death. Names and addresses and nationalities 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 assignments and licenses, if any.
If the work is an ‘Artistic work’ which is used or is capable of being used in relation to any goods or services, 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).
Fillup the Statement of Further particulars. This form is applicable for “LITERARY/ DRAMATIC, MUSICAL, ARTISTIC AND SOFTWARE” works, and then press SAVE button to Save entrered details, and press Step 4 to move to Next Step.
Make the payment through Internet Payment gateway Note: Payment details are to be made in favor of Registrar of Copyrights, payable at New Delhi
Once the application is submitted along with the necessary documents you will get dairy number (acknowledgment). After successful submission of form diary number shall be generated.
Work to be uploaded in pdf/jpg format. Sound Recording Work to be uploaded in mp3 format. Literary/Dramatic, Music and Software* Work to be uploaded in pdf format, less than 5 MB, keep ready.
Pdf containing at least 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.
Please take 1 hard copy (print) of “Acknowledgement Slip” and 1 hard copy (print) of “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
Copyright Registration Certificate
The registration certificate will be issued by the authority if the application is approved. The whole process will take around 2 to 3 months in the normal course.
After receiving a dairy number, you have to mandatorily wait for a period of 30 days, to ensure that no objection is filed against your claim in the Copyright Office.
If any objection is filed, hearing opportunity is given to both the parties, to decide whether to register the work or not. If no objection is filed the application is examined by the examiners.
In case of discrepancy, 45 days period is given to the applicant to remove the application. Usually, if everything is smooth it takes a period of 3 to 4 months for registration.
|License to republish a Literary, Dramatic, Musical or Artistic work (Sections 31, 31A,31B* and 32A)||₹ 5,000/- per work|
|License to communicate any work to the public by Broadcast (Section 31(1)(b))||40,000/- per applicant|
|License to republish a Cinematograph Film (Section 31)||15,000/- per work|
|License to republish a sound recording (Section 31)||10,000/- per work|
|License to perform any work in public (Section 31)||5,000/- per work|
|License to publish or communicate to the public the work or translation (Section 31A)||5,000/- per work|
|License to publish any work in any format useful for person with disability (Section 31B)||2,000/- per work|
|Application for a license to produce and publish a translation of a Literary or Dramatic work in any Language (Section 32 & 32-A )||5,000/- per work|
|Application for registration or copyright in a Literary, Dramatic, Musical or Artistic work||500/- per work|
|Application for registration or copyright in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services (Section 45)||2,000/- per work|
|Application for change in particulars of copyright entered in the Register of Copyrights in respect of a Literary, Dramatic, Musical or Artistic work||200/- per work|
|Application for change in particulars of copyright entered in the Register of Copyrights in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services (Section 45)||1,000/- per work|
|Application for registration of Copyright in a Cinematograph Film (Section 45)||5,000/- per work|
|Application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45)||2,000/- per work|
|Application for registration of copyright in a Sound Recording (Section 45)||2,000/- per work|
|Application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45)||1,000/- per work|
|Taking extracts from the indexes (Section 47)||500/- per work|
|Taking extracts from the Register of Copyrights (Section 47)||500/- per work|
|A certified copy of an extract from the Register of Copyrights of the indexes (Section 47)||500/- per copy|
|A certified copy of any other public document in the custody of the Register of Copyright or Secretary of the Copyright Board||500/- per copy|
|Application for prevention of importation of infringing copies (Section 53) per place of entry||1,200/- per work|
Rectification and Correction of entries in the Register of Copyrights
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
Copyright registration is a right provided to the creators to protect their original work being stolen or duplicated and gives you a confirmed legal right over your creation. It gives the individual owner with the package of rights like the right of reproduction, right of translation, etc.
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright protection for ideas, procedures, and methods of operation or mathematical concepts
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
No. Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at Plot no. 32, Boudhik Sampada Bhawan, Sector 14, Dwarka, New Delhi- 110075. The applications are also accepted by post. On-line registration through "E-filing facility” has been provided from 14th February 2014, which facilitates the applicants to file applications at the time and place chosen by them.
Yes. Both published and unpublished works can be registered. Two copies of published or unpublished work may be sent along with the application. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. One copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office.
When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form XV with prescribed fee.
The procedure for registration is as follows:
Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.
Chapter XIII of the Copyright Rules, 2013, as amended, sets out the procedure for the registration of a work. Copies of the Act and Rules can be obtained from the Manager of Publications, Publication Branch, Civil Lines, Delhi or his authorized dealers on payment or download from the Copyright Office web-site "www.copyright.gov.in"
Yes. Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 "literary work" includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ and "Object Code" have also to be supplied along with the application for registration of copyright for software products.
A website may be understood as a webpage or set of interconnected webpages, hosted or stored on a server, and is made available online to members of public. Users can access the information and other underlying work on a website through various means such as scrolling webpages, using internal hypertext links or a search feature.
Website usually consists of different rudiments which may be copyrightable subject matter that falls within any one of the classes of works set forth in Section 13 of Copyright Act, 1957. The component parts of website can be in different form of digital files such as text, tables, computer programmes, compilations including computer databases ("literary works"); photographs, paintings, diagram, map, chart or plan ("artistic works"); works consisting of music and including graphical notation of such work ("musical works"); "sound recordings" and "cinematograph films".
Website as a whole is not subject to copyright protection. Generally, non-copyrightable content particular to websites may include but are not limited to ideas or future plans of websites, functional elements of websites, unclaimable material, layout and format or ‘look and feel’ of a website or its webpage; or other common, unoriginal material such as names, icons or familiar symbols.
Applicant is required to submit a separate application for each component work/content appearing on a website.
After you file your application and receive diary number you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim. In case any objection is filed, the Registrar of Copyrights after giving an opportunity of hearing to both the parties may decide to register the work or otherwise.
If no objection is filed the application is examined by the examiners. If any discrepancy is found the applicant is given ordinarily 45 days time to remove the same. Therefore, it may take around 2 to 3 months time for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key for speedy disposal the matter.
As per the rule 70(12) of the Copyright Rules, 2013, an opportunity of hearing must be given. However, only after hearing, it may be decided to register the work or to reject it. The applicant himself or his/her pleader may appear in the hearing.
As per section 72 of the Copyright Act, 1957 any person aggrieved by the final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Commercial Court” or “High Courts”, as applicable.
The time limit afforded to the Registrar of Copyrights to accept or reject the application for registration of a copyright society has been extended from 60 days to 180 days.
Originality is considered as ‘the bedrock principle of copyright’ and ‘the very premise of copyright law’. A work to be a copyrightable subject matter is to be created by the exercise of labor, skill and judgment of the author. Also, such exercise of efforts on the part of the author should not be trivial in nature and thus should not be a mere exercise of the mechanical function of copying the work of another. Variation must be substantial in nature than merely trivial thus requirement of degree of originality is quantitative in nature.
Certificates may be considered as a formal document or written assurance which states an official fact and are generally used as evidence for certain purposes. Certificates are usually monotonous as it contains mere common words or formats which are generic in nature. Certificates are not considered as copyrightable subject matter as it falls under the narrow category of works in which the creative spark is utterly lacking or so trivial as to be virtually non-existent.
A copyright society is a registered collective administration society under Section 33 of the Copyright Act, 1957. Such a society is formed by authors and other owners. A copyright society can issue or grant licenses in respect of any work for which it is authorized to by the authors or owners of the work. s
Any association of persons whether incorporated or not, consisting of seven or more authors or owners of copyright (hereinafter referred to as ‘Applicant’) formed for the purpose of carrying of business of issuing or granting licenses in respect of any class of works for which it is registered may file an application with the Registrar of Copyrights on Form VIII.
Every application shall be accompanied with:
Authors and other owner of copyright in any work cannot keep track of all the uses of his work. The copyright society is able to keep a vigil over the uses and collect royalties from the users of those works.
An App is a complete, self-contained computer program that is designed to perform specific tasks. Usually called 'Apps' for short, application programs are the most familiar forms of software and come in a very wide variety of types. An App usually has primarily dynamic content and is designed for user interaction. It may be used directly or indirectly in a computer or hand held electronic device.
An App may be registered as a computer program under literary works as provided under Section 2(o) of the Copyright Act, 1957. For this purpose applicant is required to submit an application for registration under software category, accompanied by the source and object code as provided under Rule 70 (5) of the Copyright Rules 2013.
It is important to note that the registration will cover any screen displays generated by that program, provided that the computer program (code) generating the screen display is submitted by the applicant. Mere snapshots of screen displays of an app are not eligible for copyright protection.
The function of a copyright society is to administer the business of issuing and granting licenses with respect to a copyright held by the authors or owners of the work. A copyright Society also undertakes collection of royalties on behalf of the authors or owners and disbursement of royalties.
As per Section 30 of the Copyright Act, 1957, the owner of the copyright in any existing work or the prospective owner of the copyright in any future work may grant any interest in the right by license in writing signed by him or by his duly authorized agent.
Presently there are three registered copyright societies in India, namely;
The registration granted to a copyright society shall be initially for a period of five years.
No, a License is not required from a copyright society or other authors or owners of the copyright if the work is being utilized for a bonafide religious ceremony, including a marriage function as the same is covered under the exceptions to infringement of copyright under Section 52 (1)(za) of the Copyright Act, 1947.
No, one cannot apply for Copyright registration in respect of ideas or mathematical concepts. Copyright does not provide protection to the ideas or concepts.
You can search for copyrights by visiting the official websites of copyright office.
You can conduct an online search to know if a name is copyrighted. You can check by author’s name if the work is copyrighted. You can search through copyright files by visiting the Copyright Office at www.copyright.gov/records. All copyright information is located in the Public Catalog (click “Search Public Catalog”) which contains information about works registered since January 1978.
You can check for a logo online by visiting the official website of the copyright office.
In general, the permissions process involves a simple five-step procedure:
Works without originality or creativity to merit copyright protection such as titles, names etc. cannot be copyrighted.
Copyright is valid for the lifetime of the author and for 60 years after the death of the author.
Once obtained copyright registration has a validity of 60 years. In case it is literary, drama, music work the 60-year validity is considered from the death of the author. But in the case of the films, sound recording, photographs the 60 year validity period is considered from the date of publication.
Works that are not in some tangible form of expression, titles, names, slogans, phrases etc cannot be copyrighted.
The main difference between copyright and trademark is that they protect different types of assets and have different registration requirements.
The fee for copyright may range from 500 to 5000 INR depending on the form of work.
Copyright acquisition is voluntary and copyright comes into existence as soon as the work is created however, certificate of registration may serve as evidence in the court for dispute relating to ownership of copyright.
The use of the copyright symbol is also similar to the use of the trademark symbol, as work does not need to be registered to use it. You can place the copyright symbol on any original piece of work you have produced.
Yes it may still be a copyright infringement if you use the protected material but don’t make money of it.
It may take about 2 to 3 months to register a copyright in the normal course. The cooperation of the applicant is critical for speedy disposal of the matter.
A copyright registration can be obtained in around 6-8 months considering factors like objection etc.
The copyright of a material is denoted by the symbol “©” or by the word “Copyright”.
According to the Berne Convention, copyright obtained in India will get the status of foreign workers and the copyright protection is extended to the countries which are signatories to the Berne Convention.
With the consent from the owner of the work, the copyright registration can be sold, transferred, gifted as well as franchised.
The holder can translate, reproduce, adapt, create the work, and also to the right to be credited for his contribution, a right for who can adapt the work to other forms.
Both Published as well as unpublished work can be registered, in case work is already published the details of the publishing are to be furnished with the application.
Yes in case of any discrepancy or incomplete documents a copyright registration may get rejected.
Any person or a business entity can obtain copyright registration. An individual can be an author, creator, musician, photographer, producer, painter, composer, or company.
A copyright holder has to send a statutory notice to the person who has infringed the work. First, the person who has the rights will send a statutory notice to the person who was involved in the infringement, then the person who the owner of the work can lawyer up to deal with the condition and handle the same.
Prepare a copyright application and file it. After that, you will be allotted a diary number and waits for the 30 days in case of objection. If there is no objection the authorized person will examine the application and if he/she is satisfied the registrations approved by the registrar. With approval, the quotations will be sent by the registrar to the candidate.
The basic documents required for the copyright registration Name, Address & Nationality of the Applicant and creator of the work copies of the original work, the ID proof of the owner and Incorporation certificate in case of business.
Copyright registration is needed to secure your original work from fraud or unfair advantage. Having copyright over your original work gives proof that this particular work belongs to you only
The copyright holder has following rights:
One can protect all his original works like literary works, computer programs, websites, dramatic scripts, musical lyrics, and artists’ works.
Registering the work with the registrar of the copyright office is copyright protection. It produces a public record of the work done and you can claim anyone for copyright violation made.
You can send him/her a legal notice regarding the same. But if no action is taken from the second party then you can file a case against him/her and sue them in court.
In the case of jewellery, both copyright and design laws apply. It is better to take copyright protection on the pictures of the design as artwork due to the extensive protection given under copyright law than that given under the design laws..
Copyright protection is not applicable for ideas and methods - e.g., business operations, technical discoveries, mathematical principles, and other such concepts; commonly available info - e.g., telephone directories, general databases taken from free public records, etc.; Choreographic works and speeches unless they are notated or videotaped. Also, business names, product descriptions, taglines, and other such expressions cannot be copyrighted.
A mobile application cannot be copyrighted as such; however, the coding can be copyrighted as literary work and other elements can be filed as different copyright applications.