Knowledge Base, Copyright

Copyright Protection

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COPYRIGHTS:

Copyright is a type of intellectual property right that grants exclusive rights to the creators of original works, such as literature, music, art, and software, allowing them to control the use, reproduction, and distribution of their creations. These rights are intended to encourage creativity and provide creators with financial incentives. Copyright protection is automatic upon the creation of the work and generally lasts for the creator’s lifetime plus a specified number of years. During this period, others may need permission from the copyright holder to use or reproduce the protected work.

Stages in Copyright Application for Literature:

  1. Work Awaited: Minimum of a day and maximum of 3 days.
  2. Waiting: Application is in mandatory waiting period of one month (Copyright Act 1957). General time period is a minimum of 1 month & maximum of 45 days.
  3. Scrutiny: Application is under process. General time period is a minimum of 15 days & maximum of 1 month.
  4. Re-Scrutiny: Application is under process. General time period is a minimum of 15 days & maximum of 2 months. If all the documents are as per the Copyright Act 1957, the invention is copyrighted. If not, during this stage, there might be a possibility of receiving a Discrepancy Letter. The applicant needs to provide a reply to the discrepancy within a minimum of 15 days to a maximum of 1 month. If all objections are met, copyright is granted (Registered) for an invention. If not, the application follows other stages.
  5. Pending for Hearing: Pending for Hearing.
  6. Hearing: Hearing process.
  7. Sub-Judice: Pending decision of the competent court of law.
  8. Registered: ROC is Generated. Once the ROC is generated, it usually takes a minimum of a week to a maximum of 15 days to receive the Certificate.

The applicant is/are the person/organization/company who owns the rights for the copyright. The author is the person who has worked on the development of the software or particular work. There is no restriction on the number of applicants/authors. Individuals can be authors or applicants or both; there is no restriction. Organizations/companies can ONLY be applicants.

Documentation Needed for Individual Applicants:

  1. Work to be copyrighted in a word document (size should be less than 10 MB).
  2. Applicant and author details (Full Name, Address, email, phone number) along with their signatures. – Format A attached.
  3. NOC from Authors. – Format B attached.

We need the residential address of applicants, including house no/door no, street name, city, district, state, followed by the pin code.

Documentation Needed for Other than Individual Applicants:

  1. Work to be copyrighted in a word document (size should be less than 10 MB).
  2. Applicant and author details (Full Name, Address, email, phone number) along with their signatures. – Format C attached.
  3. NOC from the organization or institute – Format D attached.
  4. NOC from Author – Format E attached.
  5. Authorization letter – Format F attached.

We need the college address of applicants, including the author’s designation, college name, college address followed by the pin code.

Documentation Needed for Company as Applicants:

  1. Work to be copyrighted in a word document (size should be less than 10 MB).
  2. Applicant and author details along with their signatures. – Format attached.
  3. NOC from Author – Format attached.
  4. Letter from Board of Resolution – Format attached.

We need the company address of applicants, including the author designation and company address, followed by the pin code. In this case, we need the signature and official seal of the authorized representative acting on behalf of the company.

Stages in Copyright Application for Software:

  1. Work Awaited: Minimum of a day and maximum of 3 days.
  2. Waiting: Application is in the mandatory waiting period of one month (Copyright Act 1957). General time period is a minimum of 1 month & maximum of 45 days.
  3. Scrutiny: Application is under process. General time period is a minimum of 15 days & maximum of 1 month.
  4. Re-Scrutiny: Application is under process. General time period is a minimum of 15 days & maximum of 2 months. If all the documents are as per the Copyright Act 1957, the invention is copyrighted. If not, during this stage, there might be a possibility of receiving a Discrepancy Letter. The applicant needs to provide a reply to the discrepancy within a minimum of 15 days to a maximum of 1 month. If all objections are met, copyright is granted (Registered) for an invention. If not, the application follows other stages.
  5. Pending for Hearing: Pending for Hearing.
  6. Hearing: Hearing process.
  7. Sub-Judice: Pending decision of the competent court of law.
  8. Registered: ROC is Generated. Once the ROC is generated, it usually takes a minimum of a week to a maximum of 15 days to receive the Certificate.

The applicant is/are the person/organization/company who owns the rights for the copyright. The author is the person who has worked on the development of the software or particular work. There is no restriction on the number of applicants/authors. Individuals can be authors or applicants or both; there is no restriction. Organizations/companies can ONLY be applicants.

Documentation Needed for Individual Applicants:

  1. Work to be copyrighted (Code) in HTML or CSV format.
  2. Applicant and author details along with their signatures.
  3. NOC from Authors.

Documentation Needed for Other than Individual Applicants:

  1. Work to be copyrighted in a word document.
  2. Applicant and author details along with their signatures.
  3. NOC from the organization or institute.
  4. NOC from Author.
  5. Authorization letter.

Documentation Needed for Company as Applicants:

  1. Work to be copyrighted in a word document.
  2. Applicant and author details along with their signatures.
  3. NOC from Author.
  4. Letter from Board of Resolution.

In this case, we need the signature and official seal of the authorized representative acting on behalf of the company. To check the status of a copyright application, click on the below link: Copyright Status Check

Copyright, intellectual property, copyright protection, copyright application, exclusive rights, original works, intellectual property law, patent filing assistance, legal advice on patents, copyright registration.