Imagine you wrote a book with your hard work and creativity and got it published in Delhi NCR, but when the book came into the market, the name of the author was not yours but someone else’s? How would you feel? Therefore, to protect you and your creative work from such risks, the answer is registering your creative work (i.e. book here) as copyright. A copyright registration in Delhi NCR is a category of an Intellectual property right (IPR) which not only grants the title of ‘Copyright Owner’ to the owner but also grants them special powers with respect to the ownership rights, enjoyment of the authors over their creative work, and above all encourages creativity among people.
Though the registration of a copyright in Delhi NCR is voluntary for any creative work, the importance of registration could be derived from the fact that it offers legal protection against any unauthorized use, imitation, or copying by the declaration of the original applicant as ‘Copyright Owner’ and further allows the copyright owner to license or assigning copyrights to any person subject to licensing fee or royalty. Lately, there has been an increase in copyrights applications and registrations in Delhi NCR due to the growing awareness about IPR rights and their benefits. In India, the Copyright Act 1957 contains all the provisions related to copyright registration in Delhi NCR, including the transfer of the copyright, legal recourse to be taken by the copyright owners against any unauthorized use, etc. On obtaining copyright registration, no person other than the copyright owner can imitate, reproduce, copy, republish or adapt an original work, until the expiry of the validity period of the copyright i.e. 60 years.
The Copyright law grants protection to the expression of creative work or ideas rather than the ideas themselves. A person may obtain Copyright can be taken for the following categories & sub-categories-
- Such Literary works other than computer Programs- Books, Manuscripts, Literary Work, Training Manuals, etc.
- Musical Works- Music related work
- Artistic Works- Fashion Designs, Theatre Performance, Paintings, etc.
- Cinematography Films – Films, documentaries, etc.
- Sound Recording- Various kinds of sounds, etc
- Computer Programs- Tables & Compilations, Software’s, etc.
Who Can Register a Copyright in Delhi NCR?
Under the provisions of the Copyright Act 1957, the following persons are allowed to make an application for copyright-
- Author for work– Any person who either has a creative but original work of his own or where a person is working as ‘work for hire’ under an employer, then such employer shall be an applicant. Further, there is no age bar regarding the application of copyright and even a minor can make an application for Copyright Registration in Delhi NCR.
- Claimant of Copyright – Such ‘author’ of copyright for a work or such person or organization that has either obtained ownership rights in pursuance of a written contract or any assignment or through a will or other transfer of ownership rights to the author.
- Owner of Exclusive Copyright related Rights – Since, the copyright owner can transfer copyright-related rights to any person, therefore any person who has obtained any specific and exclusive rights related to the creative work, then such person may apply for copyright.
- An Authorized Agent – Any person other than the original owner of the copyright and acts as the authorized representative for the copyright application purposes, may apply for copyright registration but with proper authorization.
Rights of the Copyright owner in Delhi NCR
Registration of creative work under the Copyright Act 1957 provides the rights as mentioned below-
- Right to communicate the creative work to the public- The Copyright owner has exclusive rights to publish or broadcast his creative original work to the public;
- Right to reproduce or re-publish- The copyright owner enjoys exclusive rights over the creative work, and even transfer rights either in whole or in part without obtaining any permission from the copyright owner on the charge of a transfer license fee;
- Right to Adaptation- The owner gets exclusive rights to use his/her creative original work in a manner they prefer (a book, movie, sound recording or music, etc.)
- Right of paternity/attribution- Copyright registrations allow the owner the right to attribute himself as the original owner over his/her piece of work.
- Right of work distribution-It further grants the owner of the copyright exclusive rights such as the right to distribute their work in any manner such as the sale of rights, leasing or licensing, etc.
- Right to public performance: It allows sole and exclusive rights to the owner/s of artistic creations to perform or display their artwork in the public.
- Right of integrity: Where the creative work of the copyright owner is distorted or modified without authorized permission, the owner has the right to take legal recourse.
Online Copyright Registration procedure in Delhi NCR
For ensuring a speedy process of registration and encouraging creative and artistic creations, the Department of Industrial Policy & Trade under the Government of India has provided the online portal of the Indian Copyright Office website (https://copyright.gov.in/Aboutus.aspx) for the eligible applicants.
Documents required for Copyright Registration in Delhi NCR
Every application for copyright must be accompanied by such information and such documents as provided below-
- Details of the copyright applicant such as his name registered address, and his/her nationality either as an original applicant or any person interested in the same in any manner;
- Copies of the original work of the original author;
- Proof of identification of the original copyright owner or where the same is a legal entity (company, then its Certificate of Incorporation);
- Nature of the idea/ creative work of the author;
- Details of the creative idea/work/artistic creation such as category, description, language, title, etc.
- Date of publication/broadcast or public performance (However, publication of any article in an internal magazine such as a company magazine shall not be counted for application)
- A copy of the creative work/artistic creation (in triplicate)
- No objection certificate from the original author (where an application is made for re-production/adaptation or any creative work)
- A letter of Authorisation from the original author where the application for registration is being made by an authorized agent;
Process of Copyright Registration in Delhi NCR
National capital New Delhi is conveniently placed on the northern part of the country with Haryana and Uttar Pradesh as adjoining states. Headquarters of many government departments and ministries along with other principal offices of the government are placed here. It is among the fastest growing regions of India with an unfailing growth rate of 12.82% as on 2018-19 (GSDP at current prices). Being the capital of the country, it hosts many trade fairs and has abundant tourist foot fall throughout the year. Major tourist attractions include variety of cuisines, rich cultural heritage, street shopping and other random attractions. This region is a desirable place for real-estate investors and agri-based industries. The city is bestowed with a total power generating capacity of 2453.37 MW which is phenomenal.
Inhibited with a dense network of Metro rail lines, the city is linked with 285 stations to the adjoining National Capital Region (NCR). This robust project is the result of a joint venture between Government of NTC and Government of India which proved to be a revolution in mass transport services in India and is the largest network in the country. Furthermore, 24,000 km of road lanes run across the region, Yamuna river flows through the city of Delhi. Indira Gandhi airport is one of the best airports in the world and has a prominent presence on the international air map.
In this relatively small region agri and food processing units flourish as a result Delhi and the adjoining NCR region is known for its dairy production and livestock. Milk yield for the year 2015-16 was 281,000 tonnes, with Amul, Delhi Milk Scheme and Mother Dairy co-operative milk societies being the key players. The resultant to such initiatives is that this city has the second highest per capita income in the country.
With as high as 456 random developmental projects currently running across the state, 5 are privately owned and funded and the balance 451 are taken care by the Government. Spread across 11 districts and held by 130 promoters. The gross valuation of such schemes which is more than $669.97 bn. Some such projects running here are Solar Power Project with costs $63.66 bn, Pradhan Mantri Awaas Yojana Gramin valuing $59.47 bn, Wind Power Project of about $56.56 bn, Pradhan Mantri Gram Sadak Yojana Project worth $50.31 bn and many more among such advancement schemes are currently active here.
The steps for registration of creative work as a ‘Copyright’ in Delhi NCR are provided below-
User Registration & Filling Application-
For registration of copyright in Delhi NCR, go to the above-mentioned portal and click “New User Registration” and create a user id and password by providing basic details such as name, nationality, address, mobile no. etc. Once you create a login id and password, login into the portal and click Form IV for the purpose of copyright Registration in Delhi NCR.
Fill in all the required information and particulars and attach important documents such as a scanned copy of his signature or his authorized representative in whose favor a power of attorney has been executed (not more than in size 512kb) and copies of artistic work. In the next step, submit the required fee for the creative work through the payment gateway.
Here, is the list of the requisite fees required to be submitted with the online application-
| Application Type | Fee Involved in Application |
| For the purpose of registration or copyright in case of-
i. Where the creative work includes (any literary, dramatic, musical, or any artistic work) ii. With respect to any literary or artistic work that could be used in relation to any goods or services ( under Section 45) |
Rs. 500/- for each work
Rs. 2,000/- for each work |
| License for making public display or broadcasting any creative work to the public (under Section 31(1)(b) | Rs. 40,000/- for each applicant/per station |
| License to re-publish any Cinematograph Film (under Section 31) | Rs. 15,000/- for each work |
| License to re-publish any sound recording (under Section 31) | Rs. 10,000/- for each work |
| License to re-publish any creative work other than the above (any literary, dramatic, musical, or artistic work under Sections 31, 31A,31B* and 32A) | Rs. 5,000/- for each work |
| License to publish or communicate the original work or translation to the public (under Section 31A) | Rs. 5,000/- for each work |
| License to create or publish translation for any literary or any Dramatic work (under Section 32 & 32-A ) | Rs. 5,000/- for each work |
On successful submission of the form, a diary number for reference will be generated, which shall be saved by the applicant for tracking the status of the application. Further, the applicant shall be required to take a print-out of the acknowledgment slip and the Copyright application and post the same to the Copyright Office addressed to-
Copyright Division, Department for Promotion of Industry and Internal Trade
Ministry of Commerce and Industry
Boudhik Sampada Bhawan,
Plot No. 32, Sector 14, Dwarka, New Delhi-110078
Examination of the Application
On receipt of the application by the Examiner of Copyrights, the Examiner will scrutinize the application and shall wait for at least 30 days for receipt of any objections regarding the copyright.
In case any objection is received, the Examiner will send notices to both parties and seek replies from both parties, and based on this, the Registrar will conduct a hearing and will decide whether to accept the application or reject it.
However, if no objection is received during this period, the examiner will check whether there is any discrepancy in the application and may seek a reply from the applicant after satisfaction from the reply, he may allow registration of the copyright by making an entry of the copyright in the Register of Copyrights and intimating the applicant regarding the same.
Acceptance of application & Registration of copyright in Delhi NCR
On acceptance of the application, the Examiner shall make an entry of the copyright concerned, name of the copyright owner, class and description of the work, and contact details of the copyright owner. On registration, the copyright owner shall have sole and exclusive rights over the use of the creative work for up to 60 years and shall be able to transfer certain rights on payment of fees.
Any change in the particulars of the copyrights including lease, license, or renting of the copyright-related rights must be notified to the Examiner of the Copyright each time.
Time-involved and Fees for Copyright Registration in Delhi NCR
After the application is submitted to the examiner for scrutiny, if no objection is received, it may take around 45-60 days maximum for the registration of copyright. However, if any objection is received by the examiner, it may take up to one year for getting copyright registration. Though the time involved may seem long, it is worth waiting as the registration will be valid for 60 years and will offer various benefits to the owner.
Benefits of Copyright Registration in Delhi NCR
- Strong Proof of Ownership
Once the application for copyright registration in Delhi NCR has been approved, the registered copyright will be the prima facie evidence the creative work is original and the registered owner is the original owner of the copyright. Further, the copyright so registered is published in the Catalog of the Copyright Office, which could be searched and found out by anyone. Thus, registration of copyright acts as the authentic proof of ownership for the copyright owner.
- Legal Action against potential copyright infringement
Though the registration of copyright in Delhi NCR is a voluntary choice, without registration there is lesser room for claiming or contesting the original owner of the creative/artistic work. However, if copyright is registered already and someone makes unauthorized use of the same, it becomes easier for the copyright owner to bring a court of action with more chances to win the case.
- Receipt of Legal Costs along with Statutory Damages-
Where a person willingly infringes copyright, he shall be responsible for the payment of legal costs such as fees of the attorney and costs of the suit in addition to the statutory damages to the original owner of the copyright.
- Income from Copyright Distribution rights-
A copyright registration not only dissuades any person to make unauthorized use of the original owners’ creative work, but also provides the benefit to the owner to sell distribution rights either in the form of complete rights over the creative copyrighted work, or limited rights in part in the form of license, and earn license or royalty fee.
- Encourages innovation and creativity-
Creative innovation is one of the biggest requirements of society and should be encouraged for the development of the country. For instance, an advanced software system may solve one of the biggest healthcare problems or any other problem, which will, in turn, reduce large costs and will ultimately benefit society and the economy. Therefore, ensuring protection to such creative work should be offered protection from being copied or imitated.
- Prevention of monetary loss-
There are many risks associated with a creative work which includes unauthorized use of the same, copy or imitation, which is also known as piracy. Piracy is an offense under the provisions of the Copyright Act 1957 and unless the work is registered may lead to huge monetary losses for the original owner. However, if the work is copyrighted then, the owner may directly send a legal notice to the potential infringer and settle the case without even taking legal recourse, which further saves from incurring unnecessary costs.
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