COPYRIGHT AND SIGNIFICANCE OF NO OBJECTION CERTIFICATE
INTRODUCTION AND MEANING OF COPYIGHT
Copyright are a bundle of legal rights that are bestowed upon original creators such as authors, musicians, painters, designers, and other creative individuals from misuse of their original creative works/arts. It covers different fields of works (a) Original literary, dramatic or musical work, (b) computer programme work (c) artistic work, (d) cinematograph film work, (e) sound recording work.As per the section 14 of the Copyright Act 1957, copyright is a collection of exclusive rights of the owner of the copyright like Right to reproduce; Right to issue copies; Right to perform at public; Right to make cinematography and sound recording; Right to make any translation; Right to adaptation; and Right to do any other activities related to the translation or adaptation; Right to sell, rent, offer for sale of the copyrighted work.At Knowledgentia Consultants, we offercopyright registration services in India for all kinds of literary, dramatic, musical, cinematographic works as well as software codes.
AUTHORSHIP AND OWNERSHIP IN COPYRIGHT
Author of a work shall be the first owner of the copyright. In case of creation is made by the author under employment of the proprietor of any newspaper, magazine or any periodic, the said proprietor shall be the first owner of the work.
PROCESS OF REGISTRATION OF COPYRIGHT
Registration and enforcement of copyright in India is governed by The Copyright Act, 1957.For obtaining the registration of copyright, we have to follow the following procedure:
- The first step is to file form 14 along with the government fees. Once the application is filed, a unique diary number is generated and allotted to the Applicant. With the diary number, the Applicant can track the status of the application.
- Further within 30 days of filing of the Application, the Applicant has to submit the hard copy of work (which is to be copyright) with the authorities.
- Once the Application is filed and work is submitted, the application will be sent to the examiner of Copyrights. After, examination of Application, the examiner will either accept the Application or will raise their objections (if any).
- In case of objection raised by the examiner, legal reverts has to be filed within due time.
- If the examiner gets satisfied with the reply of objection, the copyright application gets accepted and advertised in Journal after the few weeks.
- After the advertisement of said copyright in journal the copyright should get registered after 4 months from the date of publication in journal if no 3rd party raised opposition against the registration of copyright.
COPYRIGHT REGISTRATION VALIDITY PERIOD
Copyright is valid for the entire life of an author plus 60 years after his/her death.
NEED FOR REGISTRATION OF COPYRIGHT
Registration of copyright is necessary because the copyright registration certificate is accepted as a “proof of ownership” everywhere and being a government registration, it give recognition at every place whether it is in courts, disputes, online forums, companies, channels etc. If a person is having copyright registration of his work, it provides ease in proving the ownership.
INFRINGEMENT OF COPYRIGHT
Copyright infringement occurs when copyrighted work are made available for sale/hire without permission or authority, like in the case of online piracy or when A copyrighted work is performed in a large public place/public gathering without prior permission taken, Use or production of copyright-protected material without the permission of the copyright holder or in case Infringing copies are distributed for the purpose of trade and personal gains.
ASSIGNMENT OF COPYRIGHT
Assignment of copyright means the owner of the copyright of a work has the right to assign his copyright to any other person. Assignment of copyright is valid only if it is in writing and signed by the assignor or his duly authorized agent. The assignment of a copyright in a work should identify the work and specify kind of rights assigned and the duration and territorial extent of such assignment. Further, it should specify the amount of royalty payable, if any, to the author or his legal heirs during the continuance of assignment and the assignment will be subject to revision, extension or termination on terms mutually agreed upon by the parties.
NO-OBJECTION CERTIFICATE (NOC)
As per the Copyright Act, 1957 any person to obtain copyright registration of an artistic work, which is being used or is capable of being used in respect of goods and services, the NOC is mandatorily to be obtained under the proviso of Section 45(1) of the Copyright Act, 1957. The purpose behind this provision is to ensure that there is no conflict between labels, packaging’s, etc. registered or used by trademark owners and registrations granted under the TM Act. NOC is required for the registration of copyright in respect of artistic works.
PROCEDURE TO OBTAIN NOC CERTIFICATE
- An application TM- C has been filed with the supporting documents for Request for search and issue of a certificate under Rule 22(1) with government fees Rs 9,000
- Once, the form is filed the Registrar will conduct the search and within 1-2 months give the results of the search and issue the certificate.
- In case, there is no identical or similar trademark, then the registrar will issue the trademark clearance certificate.
- If objection is raised the reply should be filed within the prescribed time period mentioned in the examination report i.e. 15 days from the date of receipt of the objection letter.
- After reply is submitted of the raised objection and examiner get satisfied with the same then he / she issued NOC certificate within the 3-4 months.
Once, NOC certificate is obtained, the process of obtaining copyright for Artistic work can be initiated. However, the Search Certificate is not required when such works are non-commercial.
Knowledgentia Consultants, provides best global IPR protection services for all our clients. They can be rest assured that best practices will be followed to get their works copyrighted. We have earned a name as one of the best law firm in India and most client focused firm providing solutions for copyright registration services in India as well as globally. We are your one-stop solution for all kinds of legal, compliance and supplemental matters. In case of any query regarding this matter you may email us at firstname.lastname@example.org or visit our website -https://knowledgentia.com/.