How to Obtain Copyright

How to Obtain Copyright

A. Introduction 
In the modern era, where creative content plays a central role in business, education, entertainment, and communication, protecting original work is vital. Copyright offers legal protection to creators, ensuring that their work is not used without permission and that they enjoy exclusive rights over their creations. This essay explores the concept of copyright and outlines the process of obtaining it, with a focus on the Indian legal system.

B. What is Copyright?
Copyright is a legal right granted to the creator of an original work, such as literary, artistic, musical, or dramatic content. It includes rights like reproduction, distribution, performance, translation, adaptation, and public display. Copyright protects expression of ideas, not the ideas themselves.
In India, copyright is governed by the Copyright Act, 1957, and administered by the Copyright Office under the Ministry of Commerce and Industry.

C. Types of Works Protected
The following categories of work are eligible for copyright protection:
a. Literary works (books, poems, software code)
b. Musical works (compositions, lyrics)
c. Dramatic works (scripts, plays)
d. Artistic works (paintings, photographs, designs)
e. Cinematographic films
f. Sound recordings
Once an original work is created and fixed in a tangible form, the author automatically holds copyright over it.

D. Step-by-Step Process to Obtain Copyright in India
While copyright exists upon creation, registration provides strong legal evidence in case of disputes. The steps to register a copyright in India are as follows:
1. Prepare Your Work
Ensure that your work is complete and saved in a reproducible format (e.g., manuscript, video file, image, audio file, or code document). Include your name as the author and date of creation, if possible. Save it in an appropriate file format (PDF, DOCX, MP3, MP4, JPG, etc.).
2. Visit the Official Copyright Website
a. Go to the official Copyright Office portal: https://copyright.gov.in 
b. Create a user account to access the e-filing system.
3. Fill Out the Application (Form XIV)
a. Submit an online application using Form XIV, along with:
(i) Statement of particulars
(ii) Statement of further particulars (for certain categories)
(iii) A copy of the work in a suitable format
(iv) Power of Attorney (if filed through an agent)
(v) Government fee (ranging from INR 500 to INR 5,000, depending on the category)
(vi) NOC/permission (if any third-party content is used)

4. Submission and Diary Number
After submitting the application, a diary number is issued. This number acts as a reference for all future correspondence.
5. Waiting Period (30 Days)
A mandatory 30-day waiting period follows to allow for objections from the public or interested parties. If no objection is filed, the application proceeds to scrutiny.
6. Examination and Clarification (if needed)
If the Registrar requires any clarification, a notice is issued to the applicant. The applicant must respond within the stipulated time.
7. Registration and Certificate
Once approved, the Registrar enters the details in the Register of Copyrights, and a Certificate of Registration is issued. This certificate serves as prima facie evidence of ownership in legal proceedings.

E. Duration of Copyright
a. Literary, artistic, and musical works: Lifetime of the author + 60 years
b. Cinematographic films and sound recordings: 60 years from the year of publication
c. Government and international organization works: 60 years from publication

F. Benefits of Copyright Registration
a. Legal proof of ownership
b. Easier enforcement against infringement
c. Eligibility for statutory damages
d. Licensing and royalty collection
e. Global recognition through international treaties

G. Conclusion
Copyright is an essential tool for protecting creativity and promoting innovation. While copyright is automatic upon creation, formal registration strengthens the creator’s rights and provides legal clarity in case of disputes. The process, though administrative in nature, is simple and can now be completed online with minimal documentation. As intellectual property becomes increasingly valuable in the digital age, understanding and securing copyright is indispensable for creators across all fields.
Thank you for reading.
Authored by: 
Advocate Ranjitsinh Sureshrao Ghatge 🦅 
+919823044282
15:07
3rd Jeshtha 14234
24th May 2025 



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