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At Company360.in on daily basis get lots of queries about how can we copyright our story, books, articles, blogs etc.
Every author has different purpose associated with their work. Sometimes it is to gain monetary benefits from their work other times its recognition of the hard-work one has put in. We must remember that even tough you don’t legally copyright your work with registration any thing original created by an individual has copyright over it. However, with copyright registration there are numerous benefits which comes along.
Your work can be anything which is original expression of an idea or it may be a pre existing ideas or facts (which we will explain in coming sections).
In the above line there are two important concept i.e “originality” and “Expression”.
ORIGINALITY & EXPRESSION
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In order for a work or book or blog to be copyrightable it is important it satisfy the definition of originality and expression.
Let us take an example:
We all are aware of novel DEVDAS, the original devdas was portrayed in different manner in different movies example in 1955 came Bimal Roy’s Devdaas starring Dilip Kumar & Vyjayanthimala though the story of DEVDAS and PARO was known but this movie made it well known among the masses. Then after decades came another version in 2002 of DEVDAS, starring shahrukh khan and asihwariya rai.
Both the films were based on same story plot same characters basically on same idea.
But still both are copyrightable!!!
Let me tell you why because the expression, the way of storytelling, picturization of the characters, the sets and the depiction is entirely different.
This difference is clearly visible, observable and is reflected and well understood by the common man.
This noticeable difference between two works based on same plot, in technical language is known as threshold of creativity that is the scope of ORIGINALITY in expression of a known idea or fact.
In case you think the book you have authored, the story or blog you have written clearly is your original work keeping in mind the above test for originality of the expression. You may proceed to file an application for copyright registration.
Apart from the above mentioned basic requirements there are many other concepts that are required to be kept in mind such as Scènes à faire, fair use etc an expert advise on these topic always helps you safeguard your rights properly for future.
Now once you have understood what you can protect under copyright. Let us proceed to understand the procedure of copyright registration in India. Below are the steps to be followed for filing a copyright application in India.
STEP 1) Fill Form XIV available on copyright website.
STEP 2) Generate acknowledgment and application form filled and Fees paid.
STEP 3) Take printout of 2 copies of your work (May be a book, website content, blog etc)
STEP 4) Prepare a cover letter and list all attachments as mentioned above.
STEP 5) Courier all documents to Copyright office within 30 days from filing of online copyright application.
You need to execute a power of attorney in case you hire a lawyer or an agent to file a copyright on your behalf.
After filing of copyright application, you have to wait for your application objection after that examination by the examiner similar to trademark registration.
Once you receive an examination report you have to file the reply for the same. In case the examiner is satisfied he will issue you the copyright registration certificate and if not he may schedule for personal hearing.
There are others steps also involved in copyright registration process, for understanding the complete process you may refer our page on Copyright registration.