HomeFilling of Copyright

Filling of Copyright

Once an artistic piece of work is created by any person, then it is prescribed by the law to get the copyright of the same. For the registration of copyright, applicant have to file an application as prescribed in the provisions of copyright Act, 1957, procedure of which is described below-

Step 1: Filing the Application

Along with the requisite fee, an application needs to be submitted either in DD/IPO. Once this application is filed, a diary number is generated and issued to the applicant.

Step 2: Examination

There is a minimum wait of 30 days for recording and analysing any objections that may come up against the copyright application

  1. In case of no Objection:
    The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:
  2. In case of discrepancy found during scrutiny:
    A letter of discrepancy is sent to the applicant letter is generated and sent to the applicant.

Based on the reply from the applicant, the registrar conducts a hearing of the alleged discrepancy row

Once the discrepancies are sorted during the hearing, the extracts of the same are sent to the applicant for him/her to register the copyright

  1. In case of zero discrepancy:
    This would mean that the copyright application fulfils all criterion required for the copyright. The applicant is then given the nod to go ahead with the registration of the same.
    (If the registration is not approved, then the applicant received a letter of rejection)
  2. In case of an objection filed:
    While we listed above the scenarios of ‘no objections’, in case one is faced with an objection, the following proceedings take place:
    Authorities send out letters to the two concerned parties, trying to convince them to take back the objection

After requisite replies from the third party, the registrar conducts a hearing

Depending on whether the registrar accepts the reply, the procedure takes shape

  1. If the application is accepted:
    The application being accepted means that the objection has been rejected. The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:
  2. In case of discrepancy found during scrutiny:
    A letter of discrepancy is sent to the applicant letter is generated and sent to the applicant.

Based on the reply from the applicant, the registrar conducts a hearing of the alleged discrepancy row

Once the discrepancies are sorted during the hearing, the extracts of the same are sent to the applicant for him/her to register the copyright.

  1. In case of zero discrepancy:
    This would mean that the copyrightapplication fulfils all criterion required for the copyright. The applicant is then given the nod to go ahead with the registration of the same. (If the registration is not approved, then the applicant received a letter of rejection)
  2. If application is rejected:
    In case this happens, then the applicant receives a rejection letter that marks the end of the copyrightprocedure

Step 3: Registration

As can be seen from the aforementioned steps, the registration solely depends on the registrar. Once everything is cleared from the registrar’s end, the applicant received the copyright and can legally exercise all rights that come with the owner of that copyright.