Registration of Copyright

In India the copyrights registration is done to create proprietary rights

in the field of literary, dramatic, musical and artistic works, producers of
cinematograph films and sound recordings and computer programs. The
register of the registrar of copyrights is decided into these 6 categories.

Why should one get their work registered under the copyright law

It is not mandatory to get copyright protection but always advisable to do

so because it will give the owner a certain set of minimum rights over his work
and the protection that no one will be able to copy his work.

Who can register the work with the Registrar of Copyrights

➢ The Author
➢ The owner of exclusive rights
➢ The copyright claimant
➢ The authorized agent

Documents for Copyright Registration

➢ 2 Copies of work.
➢ NOC from the author if the applicant is different from the
author.
➢ NOC from the publisher if work published and publisher is
different from Applicant.
➢ NOC from a person whose photograph appears on the work.
 ➢ If the application is being filed through an attorney, a specific
Power of Attorney signed by the applicant and accepted by the attorney
➢ . Address Proof and Identity Proof of the applicant along with
the nationality
➢ If the applicant is not the author, a document containing the
name, address and nationality of the author
➢ If the work is to be used on a product, then a no-objection
certificate from the trademark office is required.

Process of copyright registration

Filing Application

➢ Application must be submitted with the Copyrights Authority

with requisite fees either physically in the copyrights office or through
speed/registered post or through e-filing facility available on the official
website. Further the Applicant has to submit the work to be copyrighted
with the authorities.
➢ A unique diary number is allotted to the Applicant by the
registrar.
➢ With the diary number, the Applicant can track the status of
the application.

Examination
➢ Next the examination of the copyright application takes place.
➢ Once the dairy number is issued, there is a minimum 30 days
waiting period. In this time period, the copyright examiner reviews the
application. This waiting period exists so that objections can arise and
be reviewed.

In case
no objections are raised

➢ the examiner goes ahead to scrutinize the application to find

any discrepancy.
➢ In case of zero discrepancies the applicant is allowed to go
forward with the next step.
➢ In case some discrepancies are found, a letter of discrepancy
is sent to the applicant. Based upon his reply, a hearing is conducted by
the registrar. Once the discrepancy is resolved the applicant is allowed
to move forward to the next step.

In case

objections are raised by someone

➢ letters are sent out to both parties and they are called to be
heard by the registrar.
➢ Upon hearing if the objection is rejected, the application goes
ahead for scrutiny.
➢ In case the objection is not clarified or discrepancy is not
resolved, the application is rejected and a rejection letter is sent to the
applicant and the copyright registration procedure ends there.
 Registration

final step of the process

➢ the Registrar of Copyrights would enter the details of the

copyright into the register of copyrights and issue a certificate of
registration.

Benefits of getting copyright registered for your work

➢ With Copyright registration, copyright owner gets the

exclusive rights over reproduction, distribution an translation of work.
➢ Author enjoy exclusive legal protection when their work
reproduced without their consent.
➢ Copyright registration helps in ensuring economic stability as
the owner will be able to reproduce his art in whatever form like making
copies, performing in public, broadcasting your work etc.
➢ It allows you to assign or license the rights of your work.
➢ It allows you to make a sequel, revise or update the work.

Copyright Infringement and Remedies

Copyright Infringement:

➢ Use of any copyrighted work without the permission of the

owner amounts to copyright infringement.
➢ occurs when a person intentionally or unintentionally uses the
work of another without credit.
➢ Infringement is usually classified into two categories:
primary infringement and secondary infringement

➢ Primary infringement is the actual act of copying, in the case

of primary infringement knowledge of infringement may or may not be
present with the infringer.
➢ secondary infringement includes unauthorised dealings like
selling the pirated books, importing, etc. In the case of secondary
infringement, knowledge of infringement is present with the infringer.

Section 51 of Copyright Act,1957, copyright in a work is infringed

➢ If Copies of copyrighted work are made for sale

without permission or authority.

➢ A copyrighted work is performed in a public place

➢ Infringing copies are distributed for the purpose of

trade and personal gains

➢ Public exhibition of infringing copies by way of trade

prejudicial to the owner

➢ Infringing copies are imported from another country

into India
 What does not amount to infringement

Section 52 of the Copyright Act:

➢ These include fair dealing, incidental storage,

reproduction for the purpose of a judicial proceeding.
➢ fair dealing permits the use of any work for the
purpose of research, teaching, criticism or review.
➢ Making of backup copies purely as a temporary
protection against loss or damage
➢ Use of work for the purpose of reporting current
events in a newspaper etc
➢ Use of work for judicial proceedings
➢ Recitation of any extract in public

In The University of Oxford v Rameshwari Photocopy

Services- a suit instituted by major publishing houses such as Oxford
University ,Cambridge University, Taylor & Francis Group against a
photocopy service that provided study packages to students of Delhi
University, alleged that these study packages were created making
photocopies of pages of books that were published by the aforementioned
publishers and compiling them according to the student’s syllabus. The
plaintiffs alleged that the study packs are in violation of Sec 51 of the
Copyright Act as these books had no additional material apart from
photocopies of the copyrighted publications and that the photocopy
services were operating commercially. However the Delhi HC held that
act of photocopying parts of different books to make study materials as
given by the professors would not amount to infringement. And laid
down the right of educational institutions to use copyrighted material.
 Remedies of copyright Infringement

Civil Remedies

The civil remedies for copyright infringement are covered under Section
55 of the Copyright Act of 1957.

Interlocutory injunction
(Under order XXXlX, CPC)
➢ Interlocutory injunctions are intended to give the
plaintiff immediate and temporary protection against any ongoing
breach of his rights.

The following criteria must be met

➢ A prima facie case
➢ A balance of convenience
➢ Irreparable damage

Pecuniary Remedies

Sections 55 and 58 of the Copyright Act of 1957 provide pecuniary

remedies for copyright owners who experience issues with
infringement. Damages that the victim has experienced financially are
known as pecuniary damages.
 The copyright owner may pursue the following remedies:

➢ Account of profit is a legal action brought against the defendant to collect

any profits he has accumulated due to the violation.
➢ Compensatory damages: Compensatory damages are monetary awards
made to an aggrieved party to compensate for their losses.
➢ Conversion damages: For the conversion of any unauthorised copies, the
copyright holder is entitled to get remuneration based on the worth of the
work.

Anton Pillar Orders ( Search and Seizure Orders)

➢ An order restraining the defendant from destroying or

infringing goods, order directing the defendant to disclose the names
and addresses of suppliers and customers.
➢ order allowing the plaintiff’s lawyer to search the
defendant’s premises and take goods in their safe custody

Mareva injunction
A court order freezing a debtor’s assets to prevent them being
taken abroad. The Mareva injunction comes into play when the court
believes that the defendant is trying to delay or obstruct the execution of
any decree being passed against him.( order XXXlVlll, rule 5 of CPC)
 Jhon Doe order
When the person committing the breach is not known, Jhon Doe
is used to denote that persons in U.S.A , in India the name Ashok Kumar
has been used ( under order XXX, rule 1of CPC)

First used in Taj television Vs Rajan Mandal 2003 ( Ashok Kumar

name was given)
Pepsico got it’s John Doe to remove all content which was
maligning the image of its product Kurkure

OFFENCE UNDER THE COPYRIGHT ACT, 1957

Section 63 to 70 of the Act deal with offences relating to copyright.

Statutory scheme

➢ The act constitutes an offence when a person knowingly with

malafied intention copies a work or any other right infringed under this act
or knowingly abet such infringement.
➢ The act provides minimum punishment, further the court has
power to impose lesser punishment for reasonable and adequate reason and
that is to be mentioned in the judgement as well.
➢ The copyright act empowers the police officer, not below the
rank of sub-inspector to seize without warrant all the copies of work, if he
is satisfied that the offence has been committed in relation to the
infringement of copyright and all the copies are required to be produced
before the magistrate.
Judicial approach

➢ Section 63 provides that any person who knowingly

infringes or abets the infringement of a copyright that exists in any work,
shall be punishable with imprisonment for a term which shall not be less
than six months but which may extend to three years and with a fine,
which shall not be less than fifty thousand rupees but which may extend
to two lakh rupees.
➢ Section 63A is to discourage repeat offences by convicted
offenders. It prescribes a harsher punishment of imprisonment for a
minimum of one year, which may extend up to three years, and a fine of
one lakh rupees, which may extend up to two lakhs, for those who have
previously been convicted under section 63.
➢ Section 63B For anyone who uses an infringing copy of a
computer program on a computer with the knowledge that it is an
infringing copy, the law imposes a minimum of seven days of
imprisonment, which can be extended up to three years, and a minimum
fine of fifty thousand rupees, which can be extended up to two lakh rupees.
➢ Section 64 authorizes police officers with the rank of sub
inspector or higher to seize infringing copies of works, without a warrant.
This ability to seize has frequently been used as an evidence in favour of
cognizability.
➢ Section 65 stipulates imprisonment of up to two years and a
fine for anybody who intentionally creates copies of a copy-protected
work.
➢ Section 66 of the Copyright Act, 1957 allows the court trying
the case to order that all infringing copies of the copyrighted work be
delivered to the owner of the copyright.
 ➢ In accordance to section 70, offences under the act are not to
be tried by any court other than the metropolitan magistrate or a magistrate
of the first class.