Documents and fees for copyright registration in India
In the age of digitization, it has become extremely easy for people to copy or download pirated copies of creative works. Now, when it comes to protecting original creative works, copyright comes into the picture! Even though copyright is an acquired right, it is important to get a copyright registration, to define the ownership and give all-around protection to a work. The Copyright Protection Act 1957 governs the entire process of copyright registration in India. This Act is accompanied by the copyright rules 2013, which provides the list of documents and prescribed fees for registration of a copyright in India.
What is a copyright?
The dictionary meaning of copyright states that it is a legal right of a person over who copies, prints, performs, etc. an original work, such as a book, song, or a computer program. Although, as per the act. literary, artistic, dramatic works, cinematograph films, and sound recordings are few types of original works in copyright. However, it is a rule of the law that copyright is only applicable to all original works that are capable of presentation in a tangible format. As a result, no person can claim copyright protection over an idea.
Documents required for copyright registration in India
As a result of the above rule, applicants have to submit physical copies of their work as a part of the copyright registration process. Although, apart from the hard copies of the original work, the other documents are dependent on the type of work that you are opting for. Besides, the table below contains a list of all the documents required for copyright registration in India:
|TYPE OF WORK||DOCUMENTS TO BE SUBMITTED FOR COPYRIGHT REGISTRATION|
|Artistic work||– 2 Copies of work;|
– Fees for copyright registration: DD/IPO (as applicable);
– NOC from author if the applicant is not the author;
– NOC from the publisher if work is published;
– Search Certificate from TMO (TM -60) if the work is being used on goods or capable of being used on goods;
– NOC from person (if portrait);
– Specific Power of Attorney (if any agent is hired)
|Cinematograph film||– 2 copies of work;|
– Copyright fees: DD/IPO (as applicable);
– NOC from various copyright holders or copy of agreement;
– NOC from publisher if work published;
– Specific Power of Attorney (if applicable)
|Musical Work||– 2 copies of Graphical Notes;|
– DD/IPO (as applicable);
– NOC from publisher if they are not the applicant;
– NOC from author if they are not the applicant;
– A Power of Attorney (if applicable)
|Literary and Dramatic Work||– 2 copies of work;|
– Copyright fees by way of DD/IPO;
– NOC from publisher;
– NOC from the author if they are not applicant;
– Specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.
|Sound Recording||– 2 copies of work;|
– DD/IPO of Rs. (as copyright fees);
– NOC from various copyright holders or copy of agreement (deed of assignment);
– NOC from publisher if work published and publisher is different from applicant;
– Power of Attorney (if applicable)
|Software||– 2 copies of work;|
– Fees for copyright registration by DD/IPO per work;
– NOC from the author if the author is different from the applicant;
– NOC from the publisher;
– Specific Power of Attorney in original;
– Lastly, source code and object code of work for verification.
Fees for copyright registration in India
Apart from the documents list, the fees for copyright registration also varies based on the work. You can make the payment either through a demand draft or by way of e-payment on the government portal. Hence, the list given below includes all the fees for copyright registration of different works:
Copyright Fees for registration of a musical, literary, dramatic, or artistic work :
The cost of copyright registration for any of these four works is INR 500/-. However, the work must be original and not a translation, adaptation, etc. of any other existing work.
Cost of copyright registration for musical, literary, dramatic, or artistic work being used in respect of any goods:
For the registration of any work, which is capable of being used with any goods as given in section 45 of the Act, the fees for registration of copyright in India is INR 2000/-. Although, in such instances, a No Objection Certificate (NOC) from the Trademark office is mandatory for filing copyright.
Fees for copyright registration in India for a cinematograph film:
A cinematograph film is a film producing an illusion of the motion of multiple pictures. Hence, in simpler terms, a visual recording. Besides, the cost for copyright registration of a cinematograph film is INR 5000/-.
Fees for registering the copyright in a sound recording in India:
A sound recording means a recording of sounds, regardless of the medium of generation, that helps produce sounds. Hence, the fees for copyright registration for a sound recording are INR 2000/-.
Copyright Fees for change in particulars:
There may be instances where after filing a copyright registration, you need to make any changes to the particulars of the application. Hence, to apply for change in particulars you need to submit form XV along with the prescribed fees and format. Moreover, the copyright fees for change in particulars are:
- Firstly, INR 200 per work for literary, dramatic, musical, and artistic works;
- Moreover, for literary and artistic works capable of being used with goods (u/s 45 of the Act) INR 1000/- per work;
- Although a change in particulars of a Cinematograph film costs INR 2000/- per work;
- Lastly, sound recordings in INR 1000/- per work.
Moreover, the owner/s need to consider that if joint application is filed, the charges vary. Besides there are many other applications you can file with the copyright office, you can take a look at the costs for various applications here.
All the details of the fees for copyright given above are based on a ‘per work’ basis. Hence, if you are filing for the protection of two books, you will have to pay an amount of INR 1000 (500*2). As you can see, the low fees adds on to the benefits of copyright registration. Moreover, the process of filing an application is quite simple. You can check status of your copyright application after submission. Yet, there are expert IP attorneys at LegalWiz.in, who can help you out in every single step up till getting the certificate. Lastly, we’re just a click away!
Frequently Asked Questions
As a writer, Diksha aims to make complex legal subjects easier to comprehend for all. As a Lawyer, she assists startups with their legal and IPR drafting requirements. To understand and further spread awareness about the startup ecosystem is her motto.
Leave A Comment