Copyright covers the intellectual property rights of the following:

  1. Sound Recordings

  2. Music Compositions

  3. Artistic works

  4. Drama

  5. Cinema

It acts as legal protection to creators and shields them primarily from plagiarism, exploitation, piracy and black markets. Due to lack of knowledge and infrastructure, a lot of indie artists all around the world are often duped and conned into thievery.

“Obtaining copyright is as good as having an antivirus against a deadly trojan attack and an effective CDN against a DDOS attack!”

Copyright Law

It is governed by the Copyright Act 1957. An amendment was made to this effect as in 2012. All nominations go through the Copyright Office, which falls under the ambit of Registrar of Copyrights. The registrar is appointed by the Central Government.

Copyright Validity

In India, all copyrights are administered as per the Berne Convention. Under the Berne Convention, a copyright is valid for 60 years. For any work created on or after 1-1-1978, the copyright protection will last till the author is alive and for an additional 70 years after that.

What is the Berne Convention? 

Berne Convention is an international agreement to protect artistic and literary work covering 175 nations.

Copyright a Song

In order to copyright a song, the following documents are to be submitted to the Copyright Office in India.

  1. Two copies of the work

  2. A No Objection Certificate

  3. A power of attorney if the representation is going to be made by the respective attorney.

Copyright is an important aspect of the entire entertainment industry as it pertains to reproduction rights, translation and public adaptation.

Comprehensive Procedure: 

  1. Application: 

The first step towards obtaining a copyright is an application that needs to be filled online.  The details, the particulars and the description related to the copyright is provided along with the payment of fees. One submitting an application successfully, a diary number is auto-generated.

  1. Formality Check: 

The application will now be sent for an official formality check. In case of missing details or incomplete information on the application, a letter is sent to the applicant seeking information. Further, an in-depth investigation ensues.

  1. 30-Day Waiting Period: 

As a mandatory clause, all applications are put on hold for a span of 30 days to entertain objections of all kinds to the entry. This is to avoid disputes related to intellectual property. After this, the application is sent forward on a first-come-first-serve basis.

  1. Hearing: 

In case of objections, the registrar sets a date for the hearing from both the conflicting parties. Initially, a letter will be sent to both the interested parties and a fair chance will be provided to each one of them to present their case. Upon further scrutiny, the application will be either accepted or rejected.

  1. Granting the Registration: 

Similar to the aforementioned step, the application goes back to the party in case of any objection by the registrar. Otherwise, it sails smooth and gleams all the way to the door of approval!

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