Copyright Objection
A copyright objection is a formal challenge to the registration or use of a copyrighted work, claiming that it infringes on existing rights or was registered improperly. It helps protect original creators by addressing disputes over ownership or unauthorized use.
Copyright and Copyright Registration
Copyright grants ownership rights over literature, theatre, music, artwork, sound recordings, and other creative works. Registration provides legal rights such as reproduction, public communication, adaptation, and translation, ensuring creators’ ownership and protection of their work. It allows creators to communicate their work to the public and control its use.
Legal Framework and Eligibility
The Copyright Act, 1957 governs registration in India. The author’s creative work cannot be copied without permission, and copyright usually lasts 60 years after the author’s death. Copyright can be registered for literary, dramatic, musical, artistic works, cinematographic films, and sound recordings, each protected under distinct categories.
Benefits of Copyright Registration
It offers legal protection against unauthorized use, creates a public record establishing ownership, and grants the owner exclusive rights to reproduce, distribute, adapt, and communicate the work.
Registration Process
Applications can be submitted using Form IV along with fees, for either published or unpublished works. Published works require three copies; unpublished works require a manuscript copy. After filing, a diary number is issued. The examiner reviews the application for 30 days and may raise objections. If objections arise, a response must be filed within 30 days, possibly followed by a hearing. Once cleared, the copyright is registered and a certificate issued.
At Easy My Tax, our experts assist in preparing the copyright registration application, submitting necessary forms, and handling any objections during the process to ensure smooth registration.
Duration of Copyright Protection
Copyright protection usually lasts 60 years from the author’s death for original works, and 60 years from publication for cinematographic films, sound recordings, posthumous works, anonymous works, government works, and works by international organizations.
Infringement and Remedies
Copyright infringement is punishable under Section 63 of the Copyright Act, with penalties including imprisonment of up to six months and fines up to Rs. 50,000. Police officers can seize infringing copies without a warrant if they believe a violation has occurred.
Copyright Objections
The Registrar may raise objections during application processing due to similarity with existing works or other reasons. It is critical to respond to any copyright objection notice within 30 days to avoid rejection. Failure to respond results in the application being marked as "rejected" in the copyright journal.
Easy My Tax provides expert legal assistance in drafting and filing effective replies to copyright objections to protect your rights.
Rights of Copyright Owners
Copyright owners have exclusive rights to reproduce, adapt, communicate to the public, and publicly perform their works. They hold moral rights, including attribution (paternity) and integrity rights, allowing them to protect the work from distortion. Owners can distribute their works and transfer rights to others.
Lawful Use Without Permission
Certain uses are permitted without the copyright owner’s consent, such as for research, private study, criticism, review, news reporting, judicial proceedings, amateur non-commercial performances, and making sound recordings under specific conditions.
