How to get Copyright for Website in India

May 5th, 20179:14 pm @    


Copyright law in India

Intellectual Property Laws awareness is notably low amid the enforcement authorities in India, mostly restricting to metropolitan cities. However, it is worthwhile to register the copyright as the copyright registration certificate is accepted as an evidence of ownership in a Court and Police authorities.

The copyright law in India identifies civil remedies such as permanent injunction, damages, destruction of infringing material and cost of the legal proceedings as well as makes instances of infringement of copyright, a cognizable offence punishable with a term of 6 months to 3 years with a fine of INR 50,000 to INR 2,00,000. For subsequent offences, there are provisions for enhanced fine and punishment under the The (Indian) Copyright Act, 1957. The Copyright Act gives power to the police to register the FIR and arrest the accused, search the premises of the accused and seize the infringing material without any intervention of the court.

How to get copyright for website in India?

  • In India the registration of copyright is not mandatory as the registration is treated as a mere record of a fact. The registration does not create or confer any new right and is not a criterion for initiating action against infringement.
  • Copyright subsists in a work the instant it is created, i.e. the moment the work is conveyed in a tangible form. Therefore, the moment a website is created, you have copyright in it.
  • It is always beneficial to insert a copyright notice at the bottom of the website to put external parties on notice that you own the website copyright. The copyright notice can be in the following form:

© {YEAR}{ENTITY NAME} {ALL RIGHTS RESERVED}

  • While registration does not confer any added advantages, it acts as prima facie proof of the validity of the copyright, i.e. if your copyright is question of a lawsuit, the court assumes that your copyright is valid unless proved otherwise.
  • A website consists of different rudiments which can be the subject of separate copyright registration process. The literary content on the website can be registered as a literary work and the overall visual look and feel of the website can be registered as an artistic work.
  • If you decide to register copyright of your website, an application for registration must be filed with the copyright office. This can be filed online as well on the following link http://copyright.gov.in/UserRegistration/frmLoginPage.aspx
  • You will require the following information/documentation:
  1. Name, address and nationality of the applicant
  2. Name, address and nationality of the author of the work
  3. Nature of applicant’s interest in the copyright i.e. OWNER / LICENSEE etc.
  4. Title of the work
  5. A declaration signed by the author (if different from the applicant)
  6. Language of the work
  7. Whether the work is published or unpublished
  8. If the work is published, year and country of first publication and name, address and nationality of the publisher
  9. Year and countries of subsequent publications, if any
  10. Name, address and nationality of any other person authorized to assign or license the rights in the copyright
  11. Power of attorney for the firm
  12. Six hard copies of the work and three soft copies
  • Once an application with complete details and copies of the work is filed, the application is examined and objections, if any, are raised, or any extra documents required are requested. A response has to be filed within 30 days. The certificate is issued by the copyright office after the objections, if any, are removed to the satisfaction of the Copyright Registry.
  • Presently, the Copyright Office is experiencing heavy backlogs. Applications have been pending for over 2 years so there may be delays in the registration but it is ok to wait as copyright subsists in the website from the moment of creation.

Check out complete guide to intellectual property rights in India here at lawrato.com

Also, get the professional legal advice from some of the best lawyers in any city/court in India at affordable cost at lawrato.com.

Article by

Nikita is the Co-Founder and Managing Editor of MightyLaws.in. She is a lawyer/author residing in Delhi. She believes that increasing legal awareness is the key to ensure social justice and simplification of law is the means to achieve it. She writes articles on social and political issues for various platforms in English and Hindi.

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