Copyright Registration Stages
Your copyright application is verified for clearing of all the required formalities as per the rules and regulations of the Government
2. Work Awaited & Waiting
The office waits to receive the work sent via courier that is to be copyright along with the documents generated by us in the last process.
As per the Copyright Act 1957, there is a compulsory waiting period of 1 month for every application post.
The copyright application is then queued for processing further and soon it will be updated with the next status after examination from the Govt officers
If Any of queries raised by the copyright office are then sent us via mail, to which we file a reply to get your application process to the next stage.
Based on the reply filed by us, the queries are examined and hearing takes place to determine whether your application shall be registered or not
After the hearing, if the application is accepted, then it is issued with a Copyright Registration Certificate.
I have a brand name and a logo, do I get it trademark or copyrighted? A Trademark is done for the brand name, whereas a copyright is for an artwork which can be a book, script, logo, design, etc.
The copyrighted work cannot be copied by anyone else. This helps maintain the originality of the work and makes the creator of the work the sole receiver of any consideration receivable for the work. The certificate (where the details of the work are entered on registration) is the prima facie evidence in all courts. If the work is used without permission by anyone else, it is a cognizable offence i.e. one can directly file a police complaint to stop the misuse of the work. One does not have to go the court near the place where the infringement has occurred, the owner of the copyrighted work can file a complaint in a court near him and the respondent regardless of where he or she is situated will have to appear before the court where the appeal is filed. The owner of the work can reproduce the work in any material form including storing of it in any medium such as electronic means, etc. In case of computer program the rights also includes to sell or give on hire, any copy of the computer program.
Literary work (i.e. books, articles, notes, texts, etc.) Artistic work (i.e. Logo, design, etc.) Software or computer program (mobile, desktop or any other) Websites and web content. Cinematographic film and photographs. Sound recording (i.e. song, record, cassette, CD, etc.) Dramatic and musical work (i.e. skit, play, movie, etc.) Work of architecture.
Courts are empowered to grant the following relief in case of infringement of copyright: Temporary and permanent injunction (Prohibition to continue the act of infringement). Impounding and destruction of all infringing copies. Actual monetary damages plus the infringer’s profits. Statutory Costs – Court charges and reasonable attorneys’ fees. In addition to civil remedy, the Copyright Act enables the owner of a copyright to take criminal proceedings against the infringer.The offence of infringement is punishable with imprisonment which may extend from a minimum period of 6 moths to a maximum period of 3 years and a fine of Rs. 50,000 to Rs. 2 lakh
Yes, if an exact copy of the work already exists with the Copyright Office the application will get rejected. As per the Copyright Act, if there is any original aspect added to the work already registered you will be given a new certificate. Awareness about copyrights in India is so less that a chance of registration being already present is very rare.
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