COPYRIGHT REGISTRATION

Section 44-50A of Copyright Act, 1957 deals with registration of Copyright. Any artistic work that comes under the definition of “Artistic Work” under Section 2(c) of the Copyright Act is eligible for registration.

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

  • PART I- literary work other than computer program, tables 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 data base

Section 45 of the Copyright Act, 1957 gives provision to any owner, publisher or an agent to apply for the 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 that has been submitted. The above mentioned form shall be filed online. The payment shall also be made online. However, the same documents are required to be sent in the Copyright registered office within 30 days from the date of filing such application along with-

  • Form XIV: Statement of Particulars and Statement of further Particulars
  • Power of Attorney
  • No Objection Certificate
  • Search Certificate issued by the Trade Mark Registry
  • An affidavit: if the seems to appear under Design Act.
  • Two original & 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 in order 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 a prima facie evidence for the owner or publisher in case any suit arises, under Sec 48. In the case,  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.