Trademark & IP

Application for Copyright Registration

Drafting and Filing of Application for Copyright Registration for music, films, videos, books, logos (any one) at an all-inclusive price, including Government Fees*

Complete By* : 13 Mar, 2024

Price Summary

Traditional CA/CS price: ₹ 20,000 /-

Other online price: ₹ 13,500 /-


Our Base price: ₹ 10,381/-

Govt. fees & taxes: ₹ 2,369/-

You PAY: ₹ 12,750/- - all inclusive


You Save: ₹ 750/- to 7,250/-

*[given timeline depends on receipt of documents from the client and functioning of the Government platform(s)]

What do you get?

15 Mins free Consultation with an EXPERT

Filling of Application

Submission of Application

Why Should You Choose SeedUp for

Filing Copyright Application ?

SAVINGS

in cost, most economical

FASTEST

completion of assignment

ADHERENCE

to compliances, giving you all that matters

RESPONSIBLE

towards your specific requirements

HASSLE FREE

we only ask for required documents

Intellectual property (IP)

 

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

IP is protected in law by, for example, patentscopyright, trademarks, Industrial designs, Trade Secrets and Geographical Indications (GIs), which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

 

Documents Required

Id Proof of individual applicant: Name, Address and Nationality details

2 Copies of work

DD/IPO of Fees as applicable, per work.

NOC from various copyright holders or a copy of the agreement (deed of assignment).

NOC from the publisher if work published and publisher is different from the applicant.

* (All documents in Pdf scanned. Image file in jpeg format)

* (All documents to be Self Attested and signed on each page)

Trademark & IP

Application for Copyright Registration

Drafting and Filing of Application for registration of Copyright.

Steps for Application

Collect information and documents

Application along with prescribed particulars is made to the Registrar. Separate application is required for separate works.

Application to be signed by the Applicant and Advocate in charge in whose favor the Vakalatnama is executed

Acknowledgement slip issued by the Registrar and commencement of waiting time (30 days mandatory waiting time, for objections raised, if any)

Tracking of the Copyright Application

Benefits of

Copyright Registration

An invention is patentable subject matter if it meets the following criteria

Protects

Legal Protection of Original work Protection against infringement

Market credibility

Copyright creates Brand value and goodwill and Market credibility

Asset creation

Copyright of an original work creates a saleable asset

Public record

Evidence of Proof Owner Publicity Worldwide recognition and protection

What is Copyright Registration?

Copyright is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine readable medium), dramatic, musical and artistic works, cinematographic films and sound recordings. Copyright law protects expressions of ideas rather than the ideas themselves. It refers to a bundle of exclusive rights vested in the owner of copyright by virtue of the Act. 

 

It is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.


 

Contd….

 

Contd….

 

Copyright registration is done in accordance with the Copyright Act, 1957. With copyright registration, a person becomes a legal owner of the original work. Copyright registration with the authority ensures that original and creative work of the author cannot be imitated. No person is authorized to use the same without the permission of the author or creator. The author is allowed to charge others for using his work or modifying it. Copyrights registration safeguards the rights of the creator from infringement. These rights include the right of adaptation, right of reproduction, right of publication, right to make translations, communication to the public etc.

 

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. Economic and social development of a society is dependent on creativity. 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.

 

Scope of protection in the Copyright Act, 1957?

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, methods of operation or mathematical concepts as such.

It 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.

 

Both published and unpublished works can be registered. Copyright in works published before 21st January, 1958, i.e., before the Copyright Act, 1957 came in force, can also be registered, provided the works still enjoy copyright. 

 

Computer Software or programmes 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.

 

An App may be registered as a computer program under literary works as provided under Section 2(o) of the Copyright Act, 1957.

 

Benefits of Patent Registration

 

  • Right to stop others from copying, manufacturing, selling or importing your invention without your permission
  • Get protection for a predetermined period, allowing you to keep competitors at bay
  • You can license your patent for others to use it or you can sell it
  • Create an Intangible Asset
  • A patented product is likely to improve brand perception and potentially enable your business to charge a premium.
  • Owner of the patent controls the use of the invention for twenty years and longer
  • Asset creation

FEE CAN BE PAID BY POSTAL ORDER /DEMAND DRAFT/ONLINE PAYMENT  PAYABLE TO “REGISTRAR OF COPYRIGHTS, NEW DELHI”:

 

S.No.

For an application for COMPULSORY LICENSE :

Fee

1.

For a license to republish a Literary, Dramatic, Musical or Artistic work (Sections 31, 31A,31B* and 32A)

Rs. 5,000/- per work

2.

For a license to communicate an any work to the public by Broadcast(Section 31(1)(b))

Rs. 40,000/- per applicant/per station

3.

For license to republish a Cinematograph Film (Section 31)

Rs. 15,000/- per work

4.

For a license to republish a sound recording (Section 31)

Rs. 10,000/- per work

5.

For a license to perform any work in public (Section 31)

Rs. 5,000/- per work

6.

For a license to publish or communicate to the public the work or translation (Section 31A)

Rs. 5,000/- per work

7.

For a license to publish any work in any format useful for person with disability (Section 31 B)

Rs. 2,000/- per work

8.

For an application for a license to produce and publish a translation of a Literary or Dramatic work in any Language  (Section 32 & 32-A )

Rs. 5,000/- per work

9.

For an application for registration or copyright in a:

 

(a)Literary, Dramatic, Musical or Artistic work

Rs. 500/- per work

(b)Provided that 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)

Rs. 2,000/- per work

10.

For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a:

 

(a)Literary, Dramatic, Musical or Artistic work

Rs. 200/- per work

(b)Provided that 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)

Rs. 1,000/- per work

11.

For an application for registration of Copyright in a Cinematograph Film (Section 45)

Rs. 5,000/- per work

12.

For an application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45)

Rs. 2,000/- per work

13.

For an application for registration of copyright in a Sound Recording (Section 45)

Rs. 2,000/- per work

14.

For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45)

Rs. 1,000/- per work

15.

For taking extracts from the indexes (Section 47)

Rs. 500/- per work

16.

For taking extracts from the Register of Copyrights (Section 47).

Rs. 500/- per work

17.

For a certified copy of an extract from the Register of Copyrights of the indexes (Section 47)

Rs. 500/- per copy

18.

For a certified copy of any other public document in the custody of the Register of Copyright or Secretary of the Copyright Board

Rs. 500/- per Copy

19.

For an application for prevention of importation of infringing copies (Section 53) per place of entry

Rs. 1,200/- per work

 

 

Difference between Trademark, Copyright and Patent

 

Copyright, Patent and Trademark are all different types of Intellectual Property (IP). Although these three types of IP are very different, we often confuse them.

 

A copyright is a collection of rights automatically vested to you once you have created an original work. The power of copyright allows you to choose the way your work is made available to the public.

 

Patents incentivize inventors to publicly disclose their inventions in exchange for certain exclusive rights. A patent protects inventions. In this respect the patent system compliments copyright protection by providing protection for functional aspects of the software, which are not protected by copyright. 

 

“A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Examples include brand names, slogans, and logos. (The term “trademark” is often used in a general sense to refer to both trademarks and service marks.)” 

 

Similar to copyright, a person does not need to register a trademark or service mark to receive protection rights, but there are certain legal benefits to registering the mark. There is rarely an overlap between trademark and copyright law but it can happen — for instance, when a graphic illustration is used as a logo the design may be protected both under copyright and trademark.

 

 

 

Process for Copyright Registration:

a) Application for registration is to be made on Form XIV ( Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules ;

b) Separate applications should be made for registration of each work;

c) Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules ;

d) The applications should be signed by the applicant. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed, if applicable.

e) The fee is to be paid either in the form of Demand Draft or Indian Postal Order favoring "Registrar of Copyrights Payable At New Delhi" or through E payment Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.

f) The fee is either in the form of Demand Draft,Indian Postal Order favoring "Registrar Of Copyright Payable At New Delhi" or through E payment

 

Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.

 

Checklist before filing Application for Copyright Registration:

 

Ensure that application is enclosed with prescribed fee by postal order or Demand Draft only in favour of ‘Registrar of Copyrights’ payable at New Delhi.

 

The application (Form XIV) including the Statement of Particulars (SoP) and the Statement of Further Particulars (SoFP) should be signed by the applicant only.

 

Under Copyright amendment Rule, 2013, the applicant is required to send by registered post copies of Form (XIV), SoP & SoFP to every person who claims or has any interest in the subject matter of the copyright or disputes the rights of applicant to it.

 

Application should contain Form (XIV), SoP & SoFP and should be submitted single copy.

 

Name, address & nationality of the Applicant should be completely filled up in col.2 of SoP.

 

Please clarify in Col.3 of the SoP whether the applicant is author/publisher/owner/assignee.

 

In Col.4 of SoP please indicate appropriate class and description of the work.

 

In Col.5 of the SoP, please mention ‘Title of the work’ as it appears on the work.

 

In Col.6 of the SoP please indicate all languages of the work.

 

In Col.7 of the SoP please indicate Name, address & Nationality of the author and if the author is deceased, the date of decease.

 

In Col.8 of the SoP, please mention whether the work is published or unpublished.

 

Please indicate year and Country of first publication (Name, address and nationality of the publisher) in Col.9 of the SoP.

 

Please also mention years and countries of subsequent publications if any, and name, addresses and nationalities of the publishers in Col.10 of the SoP.

 

In. Col.11 of the SoP, please indicate names, address and nationalities of the owners of various rights comprising the copyright in the work and the extent of rights held by each, together with the particulars of assignments and license, if any. In case the applicant himself intends to hold all rights in the work, his particulars are given against Col.2 must be mentioned. In case the applicant is a partnership firm, the names of all the partners and their shares in the copyright may be indicated.

 

Please indicate in Col.12 of the SoP names, addresses and nationalities of other persons if any, to whom the author intends to authorise other persons to assign or license the rights comprising the copyrights.

 

Please include in Col.13 of the SoP if the work is ‘Artistic’ the location of the original work, including name and address and nationality of the person in possession of the work, (In case of an architectural work, the year of completion of the work should also be shown.)

 

As per Col. 14, the application should include a certification from the registrar of Trade Marks in terms of the proviso to Copyright amendment Rule, 2013, if the work is an Artistic work which is used or is capable of being used in relation to any goods.

 

In Col.15, if the work is an ‘Artistic work’ and registered under the Design Act 2000, then give details.

 

In Col.16, if the work is an ‘Artistic work’ capable of being registered as a design under the Designs Act 2000, whether it has been applied to an article though an industrial process and if yes, give the number of times it is reproduced.

 

In case of Artistic work, please enclose 2 identical copies of artistic work (identical in size/colour/design) which should be identical with the work attached with Search Certificate (TM-60)

 

Please intimate the Name, address & Nationality of the person whose photograph appears on the work. If that person is other than the applicant, a No Objection Certificate, in original, may be obtained from the person or from his legal heir(s) if the person is deceased or from the guardian if the applicant is minor and the same may be enclosed with the application.

 

The firm itself cannot be the author of a work. Therefore, details of the person(s) who has/have actually created the work may be furnished.

 

As per Col.7 of the SoP submitted by you, the author of the work is other than the applicant, please enclose a No Objection Certificate in original from the original author(s) clearly indicating that he/she has no objection if the copyright of the work is registered in the name of the applicant(s) and also clarify whether the author is partner/proprietor/employee of the applicant.

 

If the work is published by a person other than the applicant, a No Objection Certificate in original may be obtained from the person/firm and enclosed with the application.

 

Please enclose one (1) copy of published work and two (2) copies of unpublished work in literary cases. In the artistic case, enclose two (2) copies of artistic work whether it is published or not. For rest of all other categories, enclose one (1) copy of the work irrespective of published or unpublished

 

Please submit Power of Attorney (POA) if the advocate is filling on behalf of the applicant.

 

 

FAQs

Does copyright apply to titles and names?

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.

 

Is it necessary to register a work to claim copyright?

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.

 

Where can I file an application for registration of copyright for a work?

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.

 

What is the procedure for registration of a work under the Copyright Act, 1957?

The procedure for registration is as follows:

a) Application for registration is to be made on Form XIV (Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules;

b) Separate applications should be made for registration of each work;

c) Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules;

d) The applications should be signed by the applicant. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed, if applicable.

e) The fee is to be paid either in the form of Demand Draft or Indian Postal Order favouring "Registrar of Copyrights Payable at New Delhi" or through E payment Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.

f) The fee is either in the form of Demand Draft, Indian Postal Order favouring "Registrar of Copyright Payable at New Delhi" or through E payment

 

Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.

 

 

Can I myself file an application for registration of copyright of a work directly?

Yes. Any individual who is an author or rights owner or assignee or legal heir can file application for copyright of a work either at the copyright office or by post or by e-filing facility from the copyright Office web-site "www.copyright.gov.in"

 

What are the guidelines regarding registration of a work under the Copyright Act?

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"

 

Whether unpublished works are registered?

Yes. Both published and unpublished works can be registered. Copyright in works published before 21st January, 1958, i.e., before the Copyright Act, 1957 came in force, can also be registered, provided the works still enjoy copyright. 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 process of registration and fee for registration of copyright is the same.

 

Whether computer Software or Computer Programme can be registered?

Yes. Computer Software or programmes 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.

 

How can I get copyright registration for my Web-site?

A website may be understood as a web page or set of interconnected web pages, hosted or stored on a server, and is made available online to members of the 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.

 

Applicants are required to submit a separate application for each component work/content appearing on a website.

 

How long do I have to wait to get my work to get registered by the Copyright office?

After you file your application and receive your 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 of the matter.

 

Is an opportunity for hearing given in all the cases pertain to rejection of registration?

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 Intellectual Property Appellate Board (IPAB).

 

Whether certificates qualify to be copyrightable subject matter?

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 labour, 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 rather than merely trivial thus the 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 they contain 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.

 

How can I get Copyright registration for an App?

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, an 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 display of an app are not eligible for copyright protection.

Complete list of documents required will be always filled in the last text box of the admin portal.

 

 

 

Documents Required

 

Id Proof of individual applicant: Name, Address and Nationality details

2 Copies of work

DD/IPO of Fees as applicable, per work.

NOC from various copyright holders or a copy of the agreement (deed of assignment).

NOC from the publisher if work published and publisher is different from the applicant.

Power of Attorney

KYC of Author