Copyright registration
Copyright registration records an original work in the Register of Copyrights under the Copyright Act, 1957. The right itself arises when the work is created. Company Suggestion files Form XIV so the register entry can be used as evidence of the particulars.
What does copyright cover?
Section 13 recognises copyright in an original literary, dramatic, musical, or artistic work, in a cinematograph film, and in a sound recording. A computer program is a literary work. A table, a compilation, and a website’s text can be literary works when they are original.
Copyright is the right to reproduce the work, to issue copies, and to license that use. It is not the right to a brand name. A name or a logo used in trade is a trademark. The look of an industrial article, judged by the eye, is a design.
How long does copyright last?
The term depends on the kind of work.
- A literary, dramatic, musical, or artistic work, including a photograph: the author’s life and 60 years counted from the year after the author’s death.
- A cinematograph film: 60 years from the year of publication.
- A sound recording: 60 years from the year of publication.
The author is the first owner. Where the work is made in the course of employment under a contract of service, the employer is the first owner unless the contract says otherwise.
Which papers does Form XIV need?
The application identifies the work and the person who claims it.
- Form XIV and the statement of particulars
- A copy of the work: the manuscript, the code, the score, or the images
- The author’s name, and the applicant’s name if the applicant is not the author
- A no-objection from the author, where the applicant claims through the author
- The power of attorney, when an agent files it
What are the filing steps?
Company Suggestion files the application in four steps.
- The work is classed, and the author and the owner are named.
- Form XIV is filed with a copy of the work. A diary number is issued.
- The application waits 30 days for an objection. If none is filed, the Registrar examines it.
- An objection is answered. The extract of the register is the registration certificate.
Frequently asked questions
4 questions cover the rules that decide this registration.
Is registration required before copyright exists?
No. Copyright subsists in an original work when the work is made. Registration is a record. Section 48 makes the register prima facie evidence of the particulars entered in it.
How long does copyright last?
For a literary, dramatic, musical, or artistic work, the life of the author and 60 years after the year the author dies. For a cinematograph film or a sound recording, 60 years from the year of publication.
Is software protected by copyright?
Yes. A computer program is a literary work. The code is filed with Form XIV. A patent is a different application, and a computer program per se is not an invention under the Patents Act.
Why does the application wait 30 days?
The Copyright Rules require a wait of 30 days so that an objection can be filed. If no objection comes, the Registrar examines the application. The 30 days are not the examination itself.