Application of Copyright

Overview of Application of Copyright

Copyright is a legal right granted under the Copyright Act, 1957 to the creators of original literary, dramatic, musical and artistic works, cinematograph films, sound recordings, computer software, websites and other original works. Copyright protects the expression of an idea — not the idea itself — and gives the owner exclusive rights to reproduce, publish, perform, communicate and adapt the work. Although copyright exists automatically the moment a work is created, registering it with the Copyright Office gives you strong legal evidence of ownership that is invaluable in any dispute or infringement action.

What can be copyrighted?

Rights granted by copyright

• Right to reproduce the work in any material form
• Right to publish the work
• Right to perform the work in public
• Right to communicate the work to the public (broadcasting / streaming)
• Right to make translations and adaptations
• Right to make cinematograph films or sound recordings of the work
• Right to license or sell any of the above rights

Duration of copyright protection

For most categories — literary, dramatic, musical and artistic works — copyright lasts for the lifetime of the author plus 60 years from the year following the author's death. For cinematograph films, sound recordings, photographs, posthumous publications, anonymous and government works, the term is 60 years from the year of publication.

Why choose KBP & Associates

• Legal proof of ownership of the original work
• Exclusive right to reproduce, distribute, publish, perform and adapt
• Right to license or assign the work for commercial use
• Strong evidence in courts in case of infringement
• Protects software code, websites, mobile apps and digital content
• Lifetime of the author + 60 years of protection (most categories)
• Eligibility to claim damages and accounts of profits from infringers

Documents required

• Personal details of the author and copyright owner — name, address, nationality
• Two copies of the work in soft and / or hard form
• Title and language of the work
• Nature of the work — literary / artistic / musical / software / sound recording / film
• NOC from the author (if the applicant is not the author)
• NOC from the publisher (if the work is already published)
• Power of Attorney in favour of the agent / attorney
• Source code and object code (for computer programs)
• DD / online challan of the prescribed government fee

Our process

1. 1

   Eligibility & category check

   Our expert identifies the correct copyright category for your work.

2. 2

   Application filing (Form XIV)

   We file the application online on the Copyright Office portal with the work, statement of particulars and statement of further particulars.

3. 3

   Diary number generation

   A Diary Number is generated and a mandatory 30-day waiting period begins for any objection.

4. 4

   Examination

   If no objections are raised, the application moves to examination; objections (if any) are responded to with detailed submissions.

5. 5

   Scrutiny by the Registrar

   The Registrar reviews the application, work and supporting documents.

6. 6

   Registration & certificate

   On approval, the Copyright Registration Certificate is issued and the work is entered in the Register of Copyrights.

Frequently asked questions