Does copyright exist before it is registered?
Copyright in an original work exists when the work is created. Registration under the Copyright Act, 1957 records the particulars in the Register of Copyrights. It is not the step that creates the right, and a work can be protected without a certificate.
When does the right arise?
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. The right arises when the work is made. The author is the first owner, unless the work was made in the course of employment under a contract of service and the contract gives ownership to the employer.
The term depends on the work. For a literary, dramatic, musical, or artistic work it is the author’s life and 60 years after the year of death. For a film or a sound recording it is 60 years from the year of publication. Those terms are on the copyright page.
What does registration add?
Section 45 lets the author, or the owner, or another person interested, apply to enter the particulars in the register. Section 48 makes the register prima facie evidence of those particulars. The entry is useful when someone disputes who owns the work or when the work was published. It is not a condition of the right, and it is not a condition of filing a civil suit for infringement in India.
Registration does not grant the exclusive rights. The Act already gives the owner the right to reproduce the work, to issue copies, and to license that use. A licence is a contract the owner chooses to make. The certificate does not force anyone to take a licence.
How is the application made?
The application is Form XIV, filed with a copy of the work. A diary number is issued. The Copyright Rules then require a wait of 30 days so that an objection can be filed. If no objection comes, the Registrar examines the application. An objection is answered. The extract of the register is the registration certificate.
The papers, including the author’s name and a no-objection where the applicant is not the author, are listed on the copyright page. The application carries the government fee. The fee is not a price quoted here, because the Office’s schedule is what is paid.
What does registration not cover?
A name or a logo used in trade is a trademark. The look of an industrial article, judged by the eye, is a design. Copyright in the text or the drawing does not reserve the brand, and a trademark does not protect the essay. Several people can have rights in one film or one song, because the script, the music, and the recording are different works. One certificate for one of those works does not swallow the others.
Frequently asked questions
Four questions cover protection without registration, exclusive rights, a brand name, and the 30-day wait.
Must a work be registered before it can be protected?
No. Copyright subsists when the original work is made. A civil claim does not wait for a registration certificate. The register is evidence of the particulars entered in it.
Does registration create the exclusive rights?
No. The Act gives the owner the right to reproduce the work and to license that use. Registration records the claim. It does not grant a right the Act did not already give.
Is a brand name a copyright?
No. A name or a logo used in trade is a trademark. The look of an industrial article, judged by the eye, is a design. Copyright is the original work itself.
Why does the application wait?
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.
Sources
Copyright subsists under section 13 of the Copyright Act, 1957. Registration is section 45. The register is prima facie evidence under section 48.