Copyright Registration

Introduction

Section 44-50A of the Copyright Act, of 1957 deals with registration of Copyright. Any artistic works that meets the criteria outlined in the definition of “Artistic Work” under Section 2(c) of the Copyright Act are eligible for registration.  

Under Section 44 every work has to come under any of the 6 categories mentioned below:

• PART I- literary work other than computer programs, table compilations and dramatic work.
• PART II- musical work
• PART III Artistic works;
• PART IV Cinematograph films;
• PART V Sound Recording; and
• PART VI Computer programs, tables and compilations including computer database

Section 45 of the Copyright Act, of 1957 gives provision to any owner, publisher or agent to apply for registration in the registry office under proper territorial jurisdiction in the prescribed form [Form IV].

The owner shall maintain an index of forms and documents submitted. The mentioned form shall be filed online, and the payment must also be made online. However, for offline copyright registration, the same documents are required to be sent to the Copyright Registrar's office within 30 days from the date of filing the application, along with the following:

• Form XIV: Statement of Particulars (SoP) and Statement of Further Particulars (SoFP)
• Power of Attorney
• No Objection Certificate
• A Search Certificate that is to be issued by the Trade Marks Office/Registry.
• An affidavit: if the design seems to appear under the Design Act.
• Two original and two identical copies of the work

Registration of Copyright is not compulsory, but preferable. In the case Nav Sahitya Prakash & Others v. Anan Kumar & Others AIR 1981 All 200, the court held that in case of infringement, the owner need not have registration to file or maintain a suit.  Thus, there is no provision mentioned against the owner or a publisher if the work is not registered under the Copyright Act or Copyright Rules. Though it may act as prima facie evidence for the owner or publisher in case any suit arises, under Sec 48.

 In the case, of Jayanthilal M. Munoth and Ors. v. M. Durairajan, [2006] 132 Com Cases 797(Mad) where the Court held that registration of copyright is not a basic or prima facie condition for filing a suit or for launching prosecution for violation of copyright.