How do you get something copyrighted? What are the right of copyrights?
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How to Copyright Website and Mobile Applications in India

What is Copyright?

Copyright, is an exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic , or musical material. Actually copyright is a legal right created by the law of a country that grants the creator of original work and given exclusive rights of its use and distribution, fora limited period of time

Copyright is a form of intellectual property, copyright are considered territorial rights,which means that they don’t extend beyond the territory of a specific jurisdiction.

It is a right which a person take for the protection of his business name which any other person didn’t take for the operation of business, as different person can do same business but the condition in copyright is that name shouldn’t be the same, as if it was, then the person who take the name of other person business for the operation of his business then it will be a offence and was punishable.

And now a days not only business like big brands, big restaurants, telecommunications etc, but websites are also involved in copyright act like Wikipedia, encyclopedia, yahoo.com, gmail.com, etc. they also make themselves register under copyright act for the exclusive rights through which websites make their names copyright and no other can take their names for the profitability, and now mobile applications are also there to register under the copyright act for the exclusive rights for the more profitability.

How to copyright ?

Following are steps of copyrighting;

Step 1: Filing the Application

Along with the requisite fee, an application needs to be submitted either in DD/IPO. Once this application is filed, a diary number is generated and issued to the applicant.

Step 2: Examination

There is a minimum wait of 30 days for recording and analysing any objections that may come up against the copyright application

a. In case of no Objection:

The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:

1. In case of discrepancy found during scrutiny:

A letter of discrepancy is sent to the applicant letter is generated and sent to the applicant.

Based on the reply from the applicant, the registrar conducts a hearing of the alleged discrepancy row.

Once the discrepancies are sorted during the hearing, the extracts of the same are sent to the applicant for him/her to register the copyright.

2. In case of zero discrepancy:

This would mean that the copyright application fulfil all criterion required for the copyright. The applicant is then given the nod to go ahead with the registration of the same.

(If the registration is not approved, then the applicant received a letter of rejection)

b. In case of an objection filed:

While we listed above the scenarios of ‘no objections’, in case one is faced with an objection, the following proceedings take place:

Authorities send out letters to the two concerned parties, trying to convince them to take back the objection. After requisite replies from the third party, the registrar conducts a hearing.

Depending on whether the registrar accepts the reply, the procedure takes shape

1. If the application is accepted:

The application being accepted means that the objection has been rejected. The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:

2. In case of discrepancy found during scrutiny:

A letter of discrepancy is sent to the applicant letter is generated and sent to the applicant.

Based on the reply from the applicant, the registrar conducts a hearing of the alleged discrepancy row.

Once the discrepancies are sorted during the hearing, the extracts of the same are sent to the applicant for him/her to register the copyright.

c. In case of zero discrepancy:

This would mean that the copyright application fulfils all criterion required for the copyright. The applicant is then given the nod to go ahead with the registration of the same. (If the registration is not approved, then the applicant received a letter of rejection)

d. If application is rejected:

In case this happens, then the applicant receives a rejection letter that marks the end of the copyright procedure.

Step 3: Registration

As can be seen from the aforementioned steps, the registration solely depends on the registrar. Once everything is cleared from the registrar’s end, the applicant received the copyright and can legally exercise all rights that come with the owner of that copyright.

 

 

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