After the application has been filed for registration, the author has to wait for a period of 30 days to see if any objection is raised on the copyright application against the claim. An objection may be raised for a number of reasons. It may be because of the similarities found in the work, any evidence requirement, any clarification requirement etc.
Once such objection is raised, the Registrar informs the applicant of the same for clarification. Objection reply should be filed within 30 days of receipt of objection notice, failing in which can lead to an end of your application for copyright.
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Frequently Asked Questions
Does copyright apply to titles and names?
Copyright does not protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
Whether computer Software or Computer Programs or App can be registered?
Software, Computer programs and App may be registered as a computer program under literary works as provided under Section 2(o) of the Copyright Act, 1957. For this purpose applicant is required to submit an application for registration under software category, accompanied with the details required.
How long it takes to get the work registered by the Copyright office?
After filing application there is a mandatory wait period of 30 days for scrutiny of the work. In case of any objection is there, the Registrar of Copyrights after giving an opportunity of hearing to both the parties, may decide to register the work or otherwise.
If no objection is filed the application is examined by the examiners. If any discrepancy is found the applicant is given ordinarily 45 days time to remove the same. Therefore, in may take around 2 to 3 months time in consolidation for registration of any work in the normal course.
Is an opportunity for hearing given in all the cases pertain to rejection of registration?
Yes, an opportunity of hearing must be given. However, only after hearing, it may be decided to register the work or to reject it. The applicant himself or his/her pleader may appear in the hearing.
Is there any option available in case of aggrieved by the decision of registrar?
Yes, any person aggrieved by the decision of the registrar can apple to Intellectual Property Appellant Board within 3 months of the decision.
Can a Painting or Photograph or a Sculpture be protected by copyright?
Yes, Copyright can protect Painting or Photograph or Sculpture and not only these copyright can protect other work of arts too.
Is there any specific requirement for copyright of artistic work?
Yes, but not with every artistic work. A NOC from Trademark office may be required in case the artistic work is being capable of use with the goods or services.
What can’t be copyrighted?
There are many things which can’t be protected by Copyright such as Title of Work, Single Word, Slogans, Mathematical formulas, and Recipe etc.
My recipe is my trade secret how can I protect it?
A recipe can’t be protected under copyright laws. However, copyright protection can be granted to a literary expression, explanation or illustration - that accompanies a recipe or formula or a combination of recipes, as in a recipe book/cook book.
How to protect a song?
A Song is a combination of many works. It includes Lyrics, Sound / Musical composition and Sound / Musical Recording. For a protection on a song, copyright should be filed for every work in separately. Means Lyrics, Sound / Musical Composition and Sound / Musical Recording should be filed in 3 different application.
How to protect a Video?
A video can be protected by filing copyright under the category of cinematographic film.