Registration of Copyright Under Copyright Act, 1957

A. Introduction

 

Copyright is a statutory right and it can be enjoyed within the parameters of Copyright Act. Although there is no provision in the Act which deprives an author of his rights thereunder merely for non-registration of his copyright yet the registration of copyright offers some advantages over non-registration. In other words, the registration is optional but beneficial.

 

B. Procedure for Registration

 

Section 44 makes it obligatory for every copyright office to maintain a register in the prescribed form in which names or titles of works and names and addresses of authors, publishers and owners of copyright may be entered on the application by interested person. Section 45 read with rule 16 of Copyright Rules, 1958 prescribes detailed procedure for registration. The step-wise formalities are as under: -

 

(i) The author or publisher of, or the owner of or other person interested in the copyright in any work may make an application in the prescribed form accompanied by prescribed fee to the Registrar of Copyright for entering particulars of the work in the Register of Copyright. However, in respect of artistic work which is capable of being used as trademark, proviso of Section 45 requires that the application shall also require a certificate from Registrar of Trademarks to the effect that no trademark identical with or deceptively similar to such artistic work has been registered under the Trademarks Act in the name or application has been made by any person other than the applicant.

 

(ii) The persons applying for a copyright has to give notice of his application to every person who claims or has any interest in the subject-matter of the copyright or disputes the rights of the applicant to the copyright, for instance, in case of joint authorship when only one of the authors makes an application, a notice of such an application is to be given to the other author.

 

(iii) If no objection to such registration is received by the Registrar of Copyrights within thirty days and he is satisfied by the correctness of the particulars given in the application, enter the particulars in the Register of Copyrights.

 

(iv) If the Registrar of Copyright receives any objection to such registration within the time of thirty days, he may, after holding such inquiry as he deems fit, enter such particulars of the work in the Register of Copyrights as he deems proper.

 

(v) The Registrar of Copyright shall, as soon as may be, send, wherever practicable, a copy of the enteries made in the Register to the parties concerned.

 

(vi) The appeal against decision of Registrar may be filed to Copyright Board within three months.

 

C. Evidentiary Value of Register

 

As per Section 48, Register of Copyright is prima facie evidence of the particulars entered therein and shall be admissible in evidence in all courts. This statutory preference will help the owner of registered copyright an effective protection of his copyright against infringement because the person who got the registration earlier can be presumed to be the author or original creator of the work.

 

D. Rectification of Register (Section 50)

 

Registration obtained by fraud, mistake or suppression of facts is liable to be expunged from Register of Copyright. Section 50 empowers Copyright Board to rectify the Register after observing proper procedure. The Copyright Board, on application of Registrar of Copyright or any person aggrieved, shall order the rectification of Register by-

 

(a) making of any entry wrongly omitted to be made in the register, or

 

(b) expunging of any entry wrongly made in the register, or

 

(c) correction of any error or defect in the register.

 

E. Publication

 

Section 50-A, added in 1984 requires publication of entries in Register as rectified from time to time in the official Gazettee or by some other mode.

 

F. Appeals

 

An appeal will lie against a decision of the Registrar of Copyright, the Copyright Board, the Magistrate in a criminal proceeding and judges in infringement suits. An appeal against the decision of Registrar should be filed before the Copyright Board, which will lie to the High Court.

 

G. Conclusion –

 

Copyright registration is a legal process that grants creators exclusive rights over their original works, such as literary, artistic, musical, dramatic, and software creations. While copyright protection is automatically granted as soon as a work is created and fixed in a tangible form, formal registration provides several legal and practical advantages, including stronger proof of ownership and easier enforcement against infringement.

 

FAQ (Frequently Asked Questions)

 

Ø What is copyright registration?

Copyright registration is the legal process of recording details of your original work with the Copyright Office. It provides proof of ownership and strengthens legal protection against unauthorized use.​

 

Ø Is copyright registration mandatory?

No, copyright protection is automatic upon creation of an original work. However, registration is recommended for stronger legal evidence and easier enforcement in case of disputes.​

 

Ø What types of works can be registered?

You can register literary, dramatic, musical, artistic, cinematographic films, sound recordings, and software works.​

 

Ø How do I apply for copyright registration?

You must fill out Form XIV online on the Copyright Office website, upload required documents (such as a scanned signature and copies of the work), and pay the prescribed fee.​

 

Ø How many copies of the work are needed?

For published works, submit 3 copies. For unpublished works, submit 2 copies. For software, both source and object code are required.​

 

Ø Can one application cover multiple works?

No, each application must be for a single work only. Multiple works require separate applications.​

 

Ø How long does registration take?

The process typically takes 2–3 months, including a 30-day waiting period for objections.​

 

Ø What documents are needed?

s Completed Form XIV

s Copies of the work

s Scanned signature

s Proof of ownership or authorization (if not the author)

s No-objection certificate (if not the publisher)​

 

Ø What is the Register of Copyrights?

It is an official record maintained by the Copyright Office that lists details of registered works, including title, author, and owner information. This register serves as prima facie evidence in court.​

 

Ø What happens if there is an objection to my application?

If an objection is raised within 30 days, the Registrar will conduct an inquiry and may hold a hearing before making a decision.​

 

Ø Can I update or modify registered details?

Yes, you can update details using Form XV as per the Copyright Rules.