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You have written a book or a song, or maybe you write poems. How do you ensure that your work is not distributed without your knowledge (including renting and lending copies), adapted by someone else without your consent, or generally claimed by someone else as their work and put on display? (internet, mural walls, etc.)
This is where copyright comes into play. Copyright is the ownership of the work which is original and independently created by a "human." Here, 'independent creation' means that you have created the work without copying. This does not include, in a general sense, any titles, names, short phrases, and slogans. Familiar symbols, designs, typographic variations, lettering, colouring or listings of ingredients or contents (e.g. in cookbooks) can also not be copyrighted.
By default, the original creator is the owner of the copyright. However, laws allow other people or companies to be copyright holders for 'works for hire.' (works created by employees during their employment or independent contractors like artists)
In India, the Copyright Act of 1957 protects 'original literary, dramatic, musical, and artistic works, cinematograph films, and sound recordings from unauthorised use. Unlike patents, copyright protects expressions, not ideas. There is no copyright in an idea.'
Under Indian law, certain exemptions are provided for the use of copyright material. These include,
Use of material for research or private study,
Use for criticism or review,
Use for reporting current events,
Use in connection with judicial proceedings,
Used for a performance by an amateur club or society if the performance is given to a non-paying audience and
The making of sound recordings of literary, dramatic or musical works under certain conditions.
(For US laws, check this link- https://www.copyright.gov/what-is-copyright/)
Ownership is established once you, as the 'original' creator of the 'independent work,' give form to the work (fix the work). For example, write it down or draw it. Under Indian copyright law, you, as the copyright holder, have the following rights,
To reproduce the work.
To issue copies of the work to the public.
To perform the work in public.
To communicate the work to the public.
To make cinematograph films or sound recordings with respect to the work.
To make any translation of the work.
To make any adaptation of the work.
This copyright lasts 60 years from the year following the author's death in the case of original literary, dramatic, musical, and artistic works. (India)
However, if any unforeseen circumstance arises where you need to establish your ownership (copyright of the work), you will need additional protections.
Copyright registration offers you these protections. Registration of copyright is not mandatory, but you will need it to enforce your legal rights in a court of law. So, the question arises: when, where and how should you get the registration done?
I have published five books so far, including one by a small press in the USA (traditional publishing), but I have never registered my copyright. Out of fear and curiosity, I began researching and working to get my copyright registered for one of my works. Below is my understanding and experience with the Indian copyright registration system.
When to register? Copyright registration can be done once you have completed your work and are ready to publish or even after publication. However, as per the Indian copyright Handbook- "When a work has been registered as unpublished, and subsequently is published, the applicant may apply for changes in particulars entered in the Register of Copyright with the prescribed fee."
For me, registering after publication makes sense because you don't have to redo part of the process.
Where to register? In India, copyright registration is done online through a government portal- https://copyright.gov.in/
Who can register? You, as the copyright owner or a person appointed by you (you will need to give an authorisation form), can complete the registration process. In my case, I did it myself.
Let me share my experience on 'how to register a book?' The same process applies to any other work that falls under the purview of the copyright law, but since I am an author, I cannot provide insight into registering artwork, songs, music or films.
If you are registering a book, you will need-
Your scanned signature in jpeg format
Your manuscript pdf
UPI/net banking payment ability
STEP 1: Create a login ID by clicking on the link- Registration of Copyright. (red arrow in image 1)
Read the instructions on the right of the new screen. (image 2)
Click on the new user. (image 2)
Complete the form and use 'general user' for the section- Choose your User Type. (image 3)
Once completed, hit the submit tab at the bottom.
If the system accepts all entries, you are ready for step 2.
STEP 2: Registering your work.
Login again by clicking the 'registration of copyright.'
Once you are logged in, the following screen will open. (image 4) Either use the left tab (e-filing of application) or use the bottom red tab- Click here for online Copyright Registration.
Fill out the form: There are multiple stages.
STAGE 1- Form XIV
For point number 2 in this form (image 5 above), please make a note of the following-
• If you are the sole author and your name is listed as publisher on the book and Amazon, enter your details.
• If you have multiple authors, you must add all of them to the form with their contact details.
• If you are not listed as the publisher on your book or Amazon, then you will need NOC from the listed publisher and must also add them in the relevant sections.
Once you complete the form, click on Accept and hit the SAVE tab. Wait for a few minutes before the screen shows successfully saved. Again, wait a few minutes, and the system will take you to the next stage. The 'save and wait' has to be practised at each stage of the application.
On the next page- select the Literary/Dramatic option (for books) under the Create Patent Dropdown. Upload your signatures. Save, wait and proceed when the new screen comes on.
STAGE 2: STATEMENT OF PARTICULARS- complete details as applicable. Please ensure the correct responses as per the co-authors and publisher status. Some responses are auto-filled. Please double-check if they are correct. Save, wait and proceed when the new screen comes on.
STAGE 3: STATEMENT OF FURTHER PARTICULARS- complete details as applicable. Some responses are auto-filled. Please double-check if they are correct. Save, wait and proceed when the new screen comes on.
The system will ask you to submit at the last stage. If you are satisfied with all your responses, hit submit.
You will be taken to the payment pathway. The fee will be automatically reflected. (INR 500 for books)
Once payment is made, you will again have to wait for the system to update the status. Even if the system initially shows that the transaction was unsuccessful, wait for at least one hour. (Make sure the amount has been deducted from your account.)
To check payment status, log in again, and from the options on the left bar, check the payment history tab. If the system has received confirmation at the back end, this will show your payment details, or you must check Pending payment. (image 6 below) and wait some more time.
Download and save the payment receipt.
Once payment is confirmed, the Payment History tab will also show the alphanumeric Diary number. Note it down, or take a screenshot.
This diary number is important for tracking and following up on your application.
The status of the application tab is on the left of your screen. (image 7 below) Use this to find your application (diary number). Download the application form and acknowledgement. Save them as PDF files.
Go to Upload Work and Documents. It will show your Application Diary no. –
a. Upload your manuscript
b. The pdf of the application you have saved.
c. NOC/Authorization forms from other authors or publisher
Tired? There is still more work to do.
STEP 3: Sending hard copies of forms and your work.
Print the completed application and acknowledgement.
Write your email ID on each application page and acknowledgement page. Sign the forms again where applicable.
Courier the hard copies at the address provided in the Acknowledgement. Enclose the signed application and office copy of acknowledgement, payment receipt and two copies of your manuscript (I sent my printed books). Authorisation/NOC hardcopies from the publisher and other authors, as applicable, must be enclosed.
Now, sit back for the 30-day mandatory waiting period. After thirty days, the application status will change to Scrutiny in the system. (image 8 below)
Scrutiny changes to re-scrutiny in another two days. But what do these terms mean? As per the definitions in the 'Status of application tab'-
Scrutiny: The application is under process.
Re-Scrutiny: The application is under process.
If there are no queries, the status will change to Registered. (image 9) This process took another fifteen days.
Three days after the status changed to 'Registered,' the email to download the registration certificate (ROC) was received. The link takes you to the Copyright website's main page, where you can log in and download your ROC in two steps. (image 10 and 11 below)
The surprise in this whole exercise was the Attached work. Each page of the book was stamped, with a QR code, signature, and the date of the issuing authority. (image 12 below)
Overall, the process is straightforward. All steps can be completed sitting at home. The registration fee for books is minimal. I would suggest authors register their copyrights.
If you have already undergone this procedure for your work, I would love to hear about your experience with any challenges you faced and how you overcame them.
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