Imagine you wrote a book with your hard work and creativity and got it published in Mumbai, Maharashtra, 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 Mumbai, Maharashtra 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 Mumbai, Maharashtra 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 Mumbai, Maharashtra 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 Mumbai, Maharashtra, 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.

Copyright RegistrationWho Can Register a Copyright in Mumbai, Maharashtra?

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 Mumbai, Maharashtra.
  • 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 Mumbai, Maharashtra

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 Mumbai, Maharashtra

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 Mumbai, Maharashtra

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 RegistrationProcess of Copyright Registration in Mumbai, Maharashtra

Maharashtra is the 3rd biggest state in terms of geographical area, i.e. 9.4% of the total area of the country. The state lies on the West coast and is well connected with in the country by a dense network of roadways stretching around 3,09,000 km and railway linkage of around 6,210 km within the state. It marks a strong presence on the air map with 4 international and 7 domestic airports. The shoreline of the state is nearly 720 km, with 55 ports which facilitate transportation of 22% of the total cargo transport of the country. Jawahar Lal Nehru Port Trust (JNPT) is located here and is linked with 46 Inland Container Depots (ICD), 34 Container Freight Stations (CFS). The state supports it’s industries with the installed power generating capacity of 43,000 MW.

The state has the highest GDP, 2nd highest FDI inflow during 2020-21 at 28% in the country and Ranks No. 1 in Export Preparedness Index in 2020. FDI for the period Oct -2019 – Sept 2020 aggregated over $10.8 Bn and for the period Oct -2019 to March 2021 the state’s contribution for the FDI was nearly $23.43 Bn. Mumbai, the state capital is popularly known as the Financial Capital of India and is home to most headquarters of all major corporate and financial institutions.

Information Technology is one of the key sectors of the state, accounting to more than 20% of the country’s software exports. Pune, Aurangabad, Nashik and Kohlapur are the major export cities from the region. The government has developed 37 IT parks and also approved 472 others and the State’s Industrial Policy offers policies regarding various infrastructural investments like exemption on filing patents and Knowledge Parks etc.

Maharashtra holds 30.5% share in industrial output of ESIDM sector. The state also has 3 Electronic Manufacturing Clusters (EMC) in Pune, Aurangabad and Navi Mumbai, with facilities for testing and R&D. Well established ESDM hubs are located in Khed and Talegaon in Pune. They enjoy locational benefits of being directly connected to JNPT and Mumbai port, the largest ports of the country.

With a robust presence, Maharashtra shares 35% of the total output of Automobiles by value with the assistance of committed manufacturers and a network of component suppliers and vendors. Major centres are located in Pune, Aurangabad, Nashik and Nagpur.

The state is the major producer of Arhar and Jowar, contributing 29.11% and 46.09% respectively to the aggregate yield of the country. Ranks #2 in the production of bananas, cashew, pulses, cotton and sugarcane. This region tops the chart in the production of Grapes and provides stimulation to the grape processing and wine industry with the help of dedicated wine policy and wine parks. 8 Food Parks and 3 Floriculture Parks with superior facilities are established here. Thus, Food Processing industry in the state is worth $158 Mn by way of 173 projects initiated during the years 1992-93.

An ace producer of cotton, bamboo and silk fibers, textile sector generates 2nd highest employment opportunities in the zone after agriculture. 14 private and 10 government textile parks are set up with plug and play facility. The government has launched Textile Policy to ensure various incentives to the sector by way of tax exemption, interest subsidy and up gradation subsidy, with a mission to generate 1 mn new job prospects by year 2023. Bombay High is the largest producer of offshore oil in India. Bollywood, world’s largest film industry in term of viewership is based out of Mumbai.

With a fairly good sex ratio in the state, 929 females per 1000 males. 66% of the total population of the region falls between the age group of 15-59 years and is the 2th most populous state of the country, with 112.4 million citizens residing i.e. nearly 9% of the country’s population, which is equivalent to the population of Mexico on their 1/6th of their land area. This state has 1 Central University, 23 State Universities, 21 Deemed Universities, 14 Private Universities, 885 Engineering Colleges, 227 Business Management Institutes, 438 Pharmacy Colleges and 474 Industrial Training Institutes.

The aggregate value of investment opportunities in Maharashtra is nearly $815.58 bn, comprising of a total of 1195 projects out of which 45 are private and 1150 are Government owned projects, with 242 promoters involved, spread across 39 districts of the state, which makes Maharashtra a perfect breeding ground for developmental projects in the commercial segment. Prestigious Government schemes are also running here like Pradhan Mantri Awaas Yojana Gramin which values about $59.38 bn, Pradhan Mantri gram Sadak Yojana Project costs a whooping amount of $50.24 bn, Wind Power Project worth $56.47 bn and Solar Power Project with aggregate value of $63.57 bn.

The steps for registration of creative work as a ‘Copyright’ in Mumbai, Maharashtra are provided below-

User Registration & Filling Application-

For registration of copyright in Mumbai, Maharashtra, 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 Mumbai, Maharashtra.

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 Mumbai, Maharashtra

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 Mumbai, Maharashtra

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 Mumbai, Maharashtra

  • Strong Proof of Ownership

Once the application for copyright registration in Mumbai, Maharashtra 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 Mumbai, Maharashtra 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.