Copyright Filing Procedure for Grant of Copyright in India
The copyright filing procedure in India comprises of the following stages:
Filing: Upon filing an application for copyright with complete details and copies, the author or the rightful owner has to wait for a mandatory period of 30 days for any objection that may be filed in the Copyright office against the claim that the concerned work is created by the applicant. If any objection is filed, it may take another one month’s time to decide as to whether the work could be registered by the Registrar of Copyrights after giving an opportunity of hearing the matter from both the parties.
Various categories of works in respect of which copyright subsists and can be filed are as under:
i. original literary, dramatic, musical and artistic works;
ii. cinematograph films; and
iii. sound recording
Copyright Objection: Upon filing an application for copyright with complete details and copies, the applicant author or the rightful owner has to wait for a mandatory period of 30 days for any objection that may be filed in the Copyright office against the claim that the concerned work is created by the applicant.
If any objection is filed, it may take another one month’s time to decide as to whether the work could be registered by the Registrar of Copyrights after giving an opportunity of hearing the matter from both the parties.
Examination: If no objection is filed within the mandatory period of 30 days, the application is then formally examined and objections by the Examiner, if any, are raised, or any extra documents required are requested for. Response to the objections/examination report has to be filed within 30 days.
Registration: A Copyright registration certificate is issued by the Copyright Office after the objections, if any, are overcome to the satisfaction of the Copyright Office.
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