How to Start a COPYRIGHT OBJECTION

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Overview of Copyright Objection

Copyright is a form of intellectual property that provides legal protection to the creator or author of an original work. To secure this protection, copyright registration is essential. During the registration process, the Registrar may raise an objection for various reasons. One common reason for an objection is if the work submitted appears similar to an existing copyrighted work. The Registrar can issue an objection within 30 days of the copyright application submission.

What is Copyright?

Copyright is a legal privilege granted to the creator of an original work under intellectual property law. It is protected by the Copyright Act, 1957. Copyright is a bundle of rights, which includes the right to adapt, reproduce, and translate the work. These rights are granted to the creators of literary, artistic, dramatic, musical works, sound recordings, and the producers of cinematographic films.

The purpose of copyright registration is to safeguard the rights of creators over their works, encouraging further creativity and innovation. It also prevents unauthorized use of the creator’s original work by third parties and rewards the creator's efforts.

It is important to note that copyright registration protects the creative expression of an idea, but not the idea itself. Therefore, the work must be in a tangible, creative form to be eligible for copyright protection.

Benefits of Copyright Protection

The benefits of Copyright Registration are as follows:

Safeguarding the Owner’s Creation

Copyright registration grants the owner exclusive rights to their work, including the rights to adapt, reproduce, translate, distribute, and disseminate the creation.

Public Recognition of Ownership

Once registered, the creator's work is listed in the Copyright Office’s Catalog, making it publicly accessible. This public display establishes the ownership of the work, enabling the creator to take legal action against any infringers in a court of law.

Exclusive Legal Protection

By registering a copyright, creators enjoy exclusive legal protection. This ensures that their work cannot be reproduced or used without their permission.

Building Brand Value

Copyright registration boosts the creator’s brand value, as it serves as proof of ownership. This recognition can be leveraged to build goodwill and support marketing efforts.

Transfer of Rights

Copyright registration allows the creator to transfer rights by selling, licensing, or otherwise authorizing others to use the work under copyright protection.

Global Protection

A copyright registered in India grants the creator the right to protect and use their work internationally, providing worldwide protection for the creation.

Copyright as an Asset

As part of intellectual property rights, a copyrighted work is considered an intangible asset. It can be franchised, sold, or otherwise commercially exploited.

Economic Security

Registered copyright ensures the creator’s economic stability by allowing them to reproduce and profit from their work in various forms.

Works Covered under Copyright Registration

Copyright Registration is available for the following types of works:

  • Artistic works
  • Literary works
  • Musical voice recordings
  • Sound recordings
  • Cinematograph films
  • Musical works, including any accompanying lyrics
  • Pictorial, sculptural, and graphical works
  • Dramatic works, including accompanying music
  • Architectural plans, drawings, and buildings
  • Pantomimes and choreographic works
  • Motion pictures and other audiovisual works

Procedure to File for Copyright Registration

The steps for filing a Copyright Registration application are as follows:

Step 1: Create a User ID and Password

Before submitting the application, the applicant must create a User ID and password to log in. If the applicant is not already registered, they need to select "New User Registration" to proceed.

Step 2: File the Application Form

The applicant has the option to apply manually at the Copyright Office or use the e-filing facility available on the official website (copyright.gov.in). The applicant can be the owner of the work, an author, or an authorized agent. The application must include detailed information about the work and be submitted to the Registrar for processing.

Step 3: Examination of the Application

After filing the application, the copyright examiner reviews it. A waiting period of at least 30 days is allowed after the Diary Number is issued. The registration process is divided into two stages:

  1. If Objections Are Raised: If objections are raised against the application, the Registrar sends a notice to both parties and provides an opportunity for a hearing. If the objection is rejected, the applicant can request further examination and the discrepancy procedure will follow.

  2. If No Objections Are Raised: If no objections are raised, the examiner checks for discrepancies. If no issues are found and all required documents are provided, the application proceeds to the next step. However, if discrepancies are found, the applicant receives a discrepancy letter and must respond. If resolved, the process continues; if unresolved, the application may be rejected, and the applicant is notified.

Step 4: Issuance of Registration Certificate

In the final step, the Registrar issues the Copyright Registration Certificate, provided all requirements are met. The Registrar may ask for additional information or documents during this stage. The registration is complete when the applicant receives the Extracts of the Register of Copyrights (ROC).

 

What is a Copyright Objection?

A Copyright Objection refers to an objection raised by the Registrar regarding a copyright application. This occurs when the Registrar identifies issues with the application that could prevent its approval.

Reasons for Raising a Copyright Objection

Several reasons can lead to a copyright objection, including:

  • Similarity to Existing Works: If the submitted work closely resembles an already existing copyrighted work.
  • Duplication: If the work is found to be a copy of another person’s creation.

Process for Replying to Copyright Objection in India

The steps to follow when replying to a copyright objection are as outlined below:

Step 1: Analyze the Copyright Objection

The first step is to carefully review the objection raised by the Registrar. Understand the reason behind the objection and identify the relevant sections of the Copyright Act that apply to the situation.

Step 2: Draft a Reply

Once the objection is analyzed, the applicant must draft a detailed reply addressing the Registrar’s concerns. This reply should reference the applicable legal provisions, judgments, and provide strong arguments as to why the copyright application should be approved.

Step 3: File the Reply

After drafting the response, the applicant must submit the reply, along with all necessary supporting documents, to the Registrar. The reply should be filed within 30 days from the date of receiving the discrepancy letter.

Step 4: Copyright Registration

If the Registrar finds the response satisfactory and valid, the objection will be dismissed, and the registration process will continue. The Registrar will then issue the Certificate of Copyright Registration to the applicant, officially granting protection for the original work.

Required Documents for Replying to Copyright Objection in India

To file a reply to a copyright objection in India, the following documents are required:

  1. Discrepancy Letter: The letter issued by the Registrar of Copyright detailing the objection.
  2. Supporting Documents: Any documents that help clarify and support the reply to the objection.
  3. Copy of the Copyright Application: The original application for copyright registration.
  4. Affidavit: If required, an affidavit may be necessary to support the reply.

Benefits of Filing a Reply to Copyright Objection in India

Responding to a copyright objection is crucial for protecting the creator's rights. Some key benefits of filing a reply include:

  • Preserving Legal Rights: Promptly replying ensures the legal protection of the creator's work. By addressing the objection, the creator can safeguard the intellectual property.
  • Avoiding Rejection: If the reply is not filed within the specified time, the Registrar may cancel the copyright application, marking it as “rejected.” Filing a timely reply prevents this outcome.
  • Legal Expertise: The reply requires careful drafting and legal knowledge. While applicants can draft the reply themselves, many opt for the assistance of legal experts to ensure it meets all legal requirements.
  • Strengthening the Case: A well-drafted reply, supported by strong legal arguments and case laws, increases the chances of the Registrar setting aside the objection and proceeding with the registration process.

Consequences of Not Filing a Reply to Copyright Objection

Failure to submit a reply within the given timeframe can result in the cancellation of the copyright application. The application will be marked as “Rejected,” and the applicant will lose the opportunity to protect their work under copyright. Therefore, timely filing of a reply is essential to avoid such consequences.