Application for registration of Copyright in India

As provided under Section 45 r/w Rule 70, an application for copyright can be made either through the online e-filing portal or physically at the Copyright Office situated in New Delhi. Separate applications should be made for registration of each class of work.

The procedure for applying for copyright registration (physical filing) is as follows:

• An application for registration is to be made on Form XIV (which includes the Statement of Particulars and Statement of Further Particulars).
• Where the author has assigned the work to the owner (a copy of the assignment deed) and a no-objection certificate from the author in respect of the application of the work by the Applicant.
• Each application should be accompanied by the requisite fee
• The applications, as filed, should be signed by the Applicant in original and the physical executed copies must be sent to the Copyright office.
• These applications can also be signed by the authorized agent (say an advocate) of the Applicant if a suitable Power of Attorney has been executed.
• The original Power of Attorney (POA) signed by the party and accepted by the advocate should also be enclosed.

Once a copyright is granted and particulars of the work are entered in the Register of Copyrights, it becomes prima facie evidence of the particulars so entered and the particulars so mentioned in the Register of Copyrights is admissible as evidence in a Court of law, once it is certified by the Register of Copyrights and is sealed with the seal of the Copyright Office.

Term of Copyright in India

Sections 22 – 29 of the Copyright Act, lay down the term of different types of copyright. The term or duration of copyright protection varies depending on the type/class of work and is as follows:

• Original, published literary, dramatic, musical, and artistic works– Life of the author plus sixty years from the beginning of the calendar year following the death of the author.
• Cinematograph films and sound recordings– Sixty (60) years from the beginning of the calendar year following the year it was published.
• Pseudonym and anonymous work– Sixty (60) years from the beginning of the calendar year following the year it was published.
• Government work– Sixty (60) years from the beginning of the calendar year following the year it was published.

This very clearly shows that copyright protection is not perpetual and cannot be renewed or restored, as in the case of trademarks.