COPYRIGHT REGISTRATION IN INDIA

WHAT IS MEANING OF COPYRIGHT?

Copyright according to Section 14 of Copyright Act, 1957 is basically a exclusive right as to do or authorize the doing of any acts as specified follows;

(a) in the case of a literary, dramatic or musical work, not being a computer programme,—

(i) to reproduce the work in any material form including the storing of it in any medium by   electronic means;

(ii) to issue copies of the work to the public not being copies already in circulation;

(iii) to perform the work in public, or communicate it to the public;

(iv) to make any cinematograph film or sound recording in respect of the work;

(v) to make any translation of the work;

(vi) to make any adaptation of the work;

(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);

(b) in the case of a computer programme,—

(i) to do any of the acts specified in clause (a);

(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme:

Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.]

(c) in the case of an artistic work,—

(i) to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work;

(ii) to communicate the work to the public;

(iii) to issue copies of the work to the public not being copies already in circulation;

(iv) to include the work in any cinematograph film;

(v) to make any adaptation of the work;

(vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub-clauses (i) to (iv);

(d) in the case of a cinematograph film,—

(i) to make a copy of the film including a photograph of any image forming part thereof;

(ii) to sell or give on hire or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions;

(iii) to communicate the film to the public;

(e) in the case of a sound recording,—

(i) to make any other sound recording embodying it;

(ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recording, regardless of whether such copy has been sold or given on hire on earlier occasions;

(iii) to communicate the sound recording to the public.

Thus from lay man's view, a copyright essentially refers to either utilize the work for the benefit of the author himself either by way of re-producing, copying, dubbing in sound form, converting it in video form or installing or issuing to public or adoption of the same in any other audio or video or any other form. 

Copyright is very important category of Intellectual property and hence protection of the same is very important in order to secure the right of the author i.e. the person who creates the work. Copyright can subsist on any kind of intellectual work i.e. book, musical work, choreography, artistic work, painting, artbook, song, story, Computer programs, software etc. thus Copyright is nothing but bundle of rights. 

IS COPYRIGHT REGISTRATION MANDATORY? 

Copyright registration is absolutely not necessary. A author get the Copyright over a subject material as soon as the work comes into existence. There is no need of formality of copyright in order to create your claim w.r.t. that work. 

IF NO, THEN WHY REGISTRATION ?

When we register the work and get Certificate of Registration for the work under copyright, it is a conclusive proof of Copyright in the name of author and plays a very vital role in court if needed. Otherwise the author will have to fight hard just to prove, that the work belongs to him. Certificate of registration and entries made by the registrar in their record is a very strong and prima facie evidence in the hands of author to prove his title, whenever the dispute arises about the ownership. 

Thus, even though though the Copyright registration is not mandatory, we must recommend registration of the same for the sake of protection of the author or developer of the work. 

WHO IS OWNER OF THE COPYRIGHT?

According to section 17, a author of the work is the first owner of the work, however the rule has got some exceptions. Accordingly, work done on behalf of employer, as intern or apprentice of newspaper, for government or for or on behalf of any third person etc. In all such events the author is not the owner of the work. 

If you are working on behalf of a Employer, then you are not owner of the work, but your employer is the owner of the work. 

Similarly, if any work is developed by you on behalf of government, then government is the owner of that work. 

WHAT IS DURATION OF COPYRIGHT?

The protection under Copyright Act differs from type of work and author, accordingly following is the term of different copyrights;

1. In Case of literary, Dramatic, Musical or artistic work - Sixty years from the beginning of the calender year next following the year in which author dies.  
2. In case of anonymous or pseudonymous work - Sixty years from the beginning of the calender year next following the year in which work is first published 
3. In case of posthumous work - Sixty years from the beginning of the calender year next following the year in which work is first published or in case if any adaption of such work is published earlier, then beginning of following calender year followed by year of publication.
4. In case of photograph - Sixty years from the beginning of the calender year next following the year in which photograph is first published
5. In case of cinematographic films - Sixty years from the beginning of the calender year next following the year in which film is first published 
6. In case of sound recording - Sixty years from the beginning of the calender year next following the year in which sound recording is first published    
7. Inc case of government work - Sixty years from the beginning of the calender year next following the year in which work is first published    
8. Term of Copyright for International Organisations - Sixty years from the beginning of the calender year next following the year in which work is first published. 

Thus duration differs from type of author and work. Accordingly protection is secured for author. There is no renewal of Copyright. 

WHAT IS PROCEDURE FOR REGISTRATION?

This work flow is a master pies available of government portal which elaborates in detail the process for registration of a Copyright. This is precisely the procedure followed for registration of Copyright in India. 

Even though according to the the time schedule above, the process should complete by 2-3 months, in reality it take little more than a year or sometime 2 years. 

Philosophy and need behind Copyright

Society when developing, many people with amazing intellect are contributing for it's growth. These people in turn needs to be protected and cherished, because unless they are not protected, they will be afraid to come up and show their knowledge or findings or ideas. 

Everyone should be rewarded for his intellect. And at the same time everyone else should be prohibited from misusing or infringing the right of the Copyright owner, as unless this minimum protection is ensured, there will be no incentive for the authors to toil hard and produce wonderful and valuable works. 

Hence Copyright act is there. Its main objective is to protect the work and prevent the infringement against bonafide authors.   

NOTE: Image of work flow is from website for copyright of government of India. 

    

CLASSES FOR REGISTRATION OF TRADEMARK IN INDIA

In India trademark is registered in 45 classes according to Fourth Schedule to the Trade Mark Rule, 2002. The Classification is mainly based on two broad categories i.e. Manufacturer and Service Provider. First 34 Classes i.e. 1 - 34 are for Manufacturer whereas Class No. 35 - 45 are for various services. 

Following are the Classes as per Trade Mark Rules. 

         FOR MANUFACTURER

1. Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastic; manure; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuff; tanning substances; adhesive used in Industry.

2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colourants  mordants  raw natural resins; metals in foil and powder form for painters; decorators; printers and artists

3. Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices.

4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminant; candles, wicks.

5. Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides.

6. Common metals and their alloys; metal building material; transportable buildings of  metal for railway tracks; non electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal but not included in other classes; ores

7. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs

8.  Hand tools and implements (hand-operated); cutlery; side arms; razors.

9. Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus.

10. Surgical, medical, dental and veterinary apparatus and instruments,  artificial limbs, eyes and teeth; orthopaedic articles; suture materials.

11.Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes.

12. Vehicles; apparatus for locomotion by land, air or water.

13. Firearms; ammunition and projectiles; explosives; fire works

14.Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments.

15. Musical instruments.

16. Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks

17.  Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.

18. Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddler.

19. Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

20. Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics.

21. Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; steel wool  non worked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.

22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials

23. Yarns and threads, for textile use

24. Textiles and textile goods, not included in other classes; bed and table covers.

25.  Clothing, footwear, headgear.

26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers

27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).

28. Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees

29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.

30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice

31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

32. Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit  drinks and fruit juices; syrups and other preparations for making beverages

33. Alcoholic beverages(except beers)

34. Tobacco, smokers' articles, matches

FOR SERVICE PROVIDERS 

35. Advertising, business management, business administration, office functions.

36. Insurance, financial affairs; monetary affairs; real estate affairs.

37. Building construction; repair; installation services.

38. Telecommunications.

39. Transport; packaging and storage of goods; travel arrangement.

40. Treatment of materials.

41. Education; providing of training; entertainment; sporting and cultural activities.

42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

43. Services for providing food and drink; temporary accommodation.

44. Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

45. Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.  

At the time of filing we have to select the class under which our product or service falls. The Fees is charged on the basis of per class, hence in case of multiple classes we need to pay that much fees.

Parts of an article or appartus are, in general classified with the actual article or appartus, except wheresuch parts constitute articles included in other classes

In case of Confusion, reference can be made to the Registrar of Trademarks. Applicant can prepare the trademark application with the class detail confirmed by the Registrar.