Procuring A Copyright Registration In Mumbai

The most valuable asset of several businesses is usually it’s intellectual property. In fact, many businesses, both new and established, produce intellectual work that can easily be copied or replicated. This is a fear that many businesses fear, including those businesses based in Mumbai. There are several cases of work being replicated or plagiarised. This is a threat to the original work of the entrepreneurs as well as a violation of the numerous hours and tremendous efforts spent by the business to produce the original work. However, businesses need not fret as they can easily protect their work by opting for Copyright Registration.

What Is A Copyright?

Copyright is the exclusive and assignable legal right given to the innovator (or producer) for a fixed number of years to print, publish, perform, film or record literary, artistic or musical material. Copyright provides legal evidence of ownership. Copyright owner can sell or pass on the rights of the work to the other person with copyright protection. Copyrights are often noted by ©.

Copyright Registration refers to the act of registering a copyright in order to save the original work. The Copyright Registration in Mumbai and the whole of India is done under the Copyright Act 1957.

The information regarding copyright and its registration is very limited and can lead to a lot of misconceptions amongst business owners. But the information provided herewith will help clear doubts regarding what work can be protected under Copyright Registration and the steps to procure Copyright Registration in Mumbai.

To understand copyrighting, it is important to understand the importance of intellectual property first. A right that a person has to have exclusive rights to use its own plans, ideas, or other intangible assets without the worry of competition, at least for a specific period of time. These rights may be enforced by a court via a lawsuit. The reasoning for intellectual property is to encourage innovation without the fear that a competitor will steal the idea and take the credit for it. By protecting your intellectual property, it is easier to accelerate legal proceedings in the event you find someone attempting to steal or imitate your IP; known as an infringement.

What Work Can Be Protected By A Copyright?

The work that can be covered under Copyright protection includes-

• Music
• Books
• Manuscripts
• Films, including cinematographic films
• Fashion Designs
• Training Manuals
• Software
• Literary Work including computer programmes, compilations, tables,computer databases
• Performance
• Paintings

Additionally, other type of work that can be protected by Copyright Registration include 

• Sculptures 
• Drawings including maps, charts, diagrams, or plans, 
• Engravings
•  Photographs
• Work of architecture or artistic craftsmanship
• Dramatic work
• Sound recordings

It must also be noted that 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. In order to get the protection of copyright a work must be original.

Need For Copyright Registration

Often many businesses in the city are unsure why they need to procure a Copyright Registration in Mumbai and what the benefits of procuring one would be to the business?

Firstly, it must be noted that it is not mandatory to get copyright protection but it is advisable to do so because it will give the owner a certain set of minimum rights over his work. It will also give the owner the much needed protection that no one will be able to copy their work for a minimum period of time. This satisfaction will always motivate the owner to do more work and create more artistic work and original creative productions.

Apart from this, the reasons why a business must opt for Copyright Registration include- 

• It ensures certain minimum safeguards of the rights of the authors.
• It establishes a public record of the copyright holder’s ownership.
• It provides legal evidence of ownership.
• It helps a copyright holder to bring a lawsuit for copyright infringement.
• Without the copyright registration, only an award related to actual damages and profits will be made available in case of a litigation.
• It permits the copyright owner to record the registration with Indian Customs to help in protection against the importation of infringing copies into India.
• The owner can sell or pass on the rights of the work to the other person with copyright protection.
• A copyright is permanent in nature and will exist for the lifetime of the creator plus 60 years after death of the creator. The validity of copyright registration will remain lifelong and after 60 years after the death of the creator it will be open to the general public to imitate or reproduce the content freely.

Additionally, the Copyright Registration acts as a proof of ownership, thus protecting the work from infringement. It, infact, acts like a public record of the copyright holder’s ownership. Further, a Copyright Registration in Mumbai acts as a global protection, whereby a copyrighted work in India is protected and considered legal in other countries as well and the vice versa also stands true. 

Procedure To Apply For Copyright Registration in Mumbai

The process of Copyright Registration in Mumbai is the same as that across the country and involves submission of documents along with a copy of the work or the work itself that needs to be protected. The actual application process can be carried out with the help of deAsra who will assist with the actual filling of the form and the submission to the Registrar.  The basic procedure is explained here-

• Documents Required
• • 2 Copies of work
  • DD/IPO of Rs. (as applicable) per work 
  • NOC from author if applicant is different from author
  • NOC from publisher if work published and publisher is different from applicant
  • Search Certificate from Trade Mark Office (TM -60) if the work is being used on goods or capable of being used on the goods.
  • NOC from the person whose photograph appears on the work
  • If the application is being filed through an attorney, a specific Power of Attorney in an original format duly signed by the applicant and accepted by the Attorney
  • Identity proof of the applicant such as an Aadhaar card, driving licence or passport
  • Address proof of the applicant such as a utility bill or a bank passbook
• Steps Involved
• • The first step to register for a copyright involves filing of the Copyright Registration application in the concerned forms with the Copyright Registrar, mentioning the particulars of the work. Depending on the type of work, separate copyright applications may have to be filed.
    • While submitting the form, the applicant will have to answer questions such as
      • Name of the applicant
      • Nationality
      • Mobile number of applicant
      • Email address of the applicant
      • Service address
      • Nature of The Applicant’s Interest in the Copyright of The Work
      • Title of the work
      • Language of the work
      • Whether the work is published or not
        • If published then the year and country of the first publication and name, address and nationality of the publishers.
  • The next step involves submission of the duly filled and signed forms by the applicant to the Advocate under whose name the Power of Attorney is executed. The experts from deAsra will submit the duly prepared and signed application to the Registrar of Copyrights, electronically.
  • The third step involves the issuing of an application diary number upon online submission of the application.
  • The next step involves a 30 day waiting period where applications for objections or potential discrepancies are reviewed by the Copyright Examiner.
    • In case an objection or discrepancy is found, a notice will be issued which needs to be complied by the applicant within a period of 30 days from the date of issuance of the notice.
  • If there are no discrepancies or they are resolved, the Copyright is registered as the Copyright Office issues the Extracts of Register of Copyrights, which means a Copyright Registration Certificate. However, this process takes 12 months from the date of submission.
  • The website for the Copyright Office is – http://copyright.gov.in/
• Time Taken
• • When the Copyright Application is filled, the candidate gets a copyright diary number, which is the legal proof of the application.
  • The Copyright office keeps the application open for 30 days for objections.
  • If no objection is received from any party, it typically takes 8 to 12 months for the Copyright Certificate to be issued.
• Deliverables Post Registration
• • The items delivered post the application of Copyright Registration include a Copyright Registration Handbook for the benefitted and a list of documents for the benefitted too.

These steps are easy to understand and adhere to in order to procure a Copyright Registration in Mumbai for original work. Further, most of the queries and features related to obtaining a Copyright are covered below, but despite them, if a business owner can approach deAsra for any queries or guidance.