Copyright Requirements

By Trademark Bazaar - 25th September 2017

Copyright Requirements

In order to obtain a copyright in respect of literary, artistic, dramatic or musical work the work is required to fulfill certain conditions. Further, if the work qualifies for being copyrighted then the applicant is required to fulfill the requirements specified for obtaining the copyright.

Every work is not eligible to be registered as copyright as there are certain requirements which every work must qualify.  The copyright can only be obtained for original work of authorship fixed in a tangible medium of expression.

The work shall fulfill following conditions to be copyrighted-

Work must be original

It is the prior condition for obtaining the protection of the copyright. The work in whose respect copyright is sought shall be unique and original. Further in case, the work is formed either by reproduction or through compilation then it should be done in some distinctive and original way. 

Fixation in Tangible medium

To obtain copyright a work must be fixed in the medium of expression.  Copyright can be obtained for the representation of the idea and not for merely the idea. A work can be fixed when it is stored in some medium through which it can be perceived, reproduced or communicated.

Works of authorship

As per the Copyright Act, only the work of authorship is eligible for being copyrighted.  The work of authorship includes literary work, musical work, dramatic works, Artistic work, cinematography, sound recording, architectural work and choreographic work.

Requirements for obtaining copyright

The requirements for obtaining copyright depend upon the category of work for which the copyright is sought. Following documents are required for obtaining a copyright in each category -

1) For the copyright of the Logo

  • Two copies of the proposed logo.
  • No objection certificate of the author
  • Search certificate of the copyright

2) For the copyright of literary and dramatic work

  • Two copies of the work.
  • No objection certificate from the publisher.
  • No objection certificate from the author.

3) For the copyright of the artistic work

  • No objection certificate of the Artist
  • No objection certificate of the publisher.

4) For music notation copyright

  • 2 copies of work.
  • No objection certificate of the author or the composer.
  • No objection certificate of the producer

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