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Copyright Protection: What, when and how – Learnings for Small Businesses

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What does copyright mean? A copyright is a property law that helps to protect the originality of an individual's product or invention. It protects all sorts of products or things, like computer software, musicals, songs, videos, novels, and poetry, etc.  However, it must be noted that it doesn't protect ideas, concepts, systems, or any methods of operations. It is easier to know what products and things are copyrighted by looking at the product.

Valid copyright contains the following:

  • The word ‘copyright’
  • A ‘c’ alphabet in a circle (©)
  • Date of the publication
  • Name of the inventor or owner

There are also various copyright protection rules made by the government. It states that no one else can copy the work without the owner's permission. To sell somebody else's work, you need permission. If a person is unable to do so, he/she will be legally charged with the circumstances. The Copyright Protection Act protects the individual's work against the stealing and forging of their work. It protects their legal right.

There are three main copyright requirements for copyright protection, and they are listed as follows:

  • Authorship
  • Originality
  • Fixed in a tangible medium of expression

Copyright infringement can be defined as the violation of copyright rules and regulations. It usually occurs when someone reproduces, distributes, or steals the copyrighted work or product. The owner can file a legal case against the person who violated the rules, as it is illegal to do so. A person who infringes a copyright product will be charged with criminal and civil laws. He/she will be liable to pay the penalties and compensation to the owner.

The steps to obtain copyright is as follows:

1. Know the purpose and create authorship –

The registration of a copyright is explained under Section 48 of the Copyright Act. It states that it is prima facie valid. It is essential to read the terms and conditions in section 48 of the Copyright Act. You can start by creating an original work of authorship. It includes the work that you want to get copyright, a novel, a poem, a song, an IT product, etc.

There are some work or products that cannot be copyrighted if it already exists or a version of the work exists. So, it is essential to have a work that doesn't exist, is unique, and can help people in several ways. Some products or works cannot be fixed before presenting them to the copyright department, such as live videos, a transcript, etc. So, you should write your work someplace to create copyright protection.

2. Understand the limits of copyrighted original work

The next step is to know the various limits of copyrighted original work of authorship. Many pieces of work cannot be copyrighted, such as facts, ideas, systems, laws, procedures, methods of operation, discoveries, concepts, principles, processes, etc. So, it is essential to know the limits before getting your work copyrighted.

After that, wait for the right time to get your work copyrighted. It is also important that you check whether a similar work has been previously copyrighted or not. If it is not, you can start your copyright application process.

3. Complete an application

The next step is to complete and register your copyright application on the government copyright website or Indian Postal Order. You can go to the nearest copyright office or can ask agents to fill your application. The best way is to register your application online. You can log in to the website and answer some required questions to complete the application. Before starting an application, you can also check the videos on social media for better understanding.

4. Make the payment

After registering and completing your online application, make the payment. The payment is categorised into two parts, basic online registration, and specialised registrations. The amount ranges between INR 500 to INR 5,000, depending on the kind of work that needs to be copyrighted.

5. Send the work for registration

In addition, with the application form, you need to submit a copy of your work or writing with the Copyright Office. While submitting an online application, you can upload a copy of your work in a pdf or Docx format.

6. Wait for decision

The last step is to wait for the processing of an application. The processing part takes approximately six to eight months of time. It can also take longer. It depends on the complexity of your work. If your work doesn't have any problems, it will be selected in the first attempt. In case of any queries or difficulties, they might contact you via email or a call.

Thus, to conclude, we can say that copyright is a property law that helps to protect the originality of an individual’s product or invention. The process of getting a copyright is not complex, but time-consuming. It can take up to a year to get a copyright. If you want to get your work or product copyrighted, read the above-mentioned steps. It will give you a detailed overview and process of obtaining a copyright.  

Also read:

1) Best Tips for Small Business Owners
2) Is Market Research Useful for a Small Business?
3) Here's How Small Businesses Deal with Common Problems On Their Own
4) What Would be a Good Government Policy to Encourage the Growth of Small Businesses?
5) OkCredit: Simple, Paperless & Secure solution for businesses

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FAQs

Ans. The cost of copyright ranges between INR 500 to INR 5,000. The price is dependent on the complexity of the work. Application fees for a cinematograph film are INR 5,000, whereas the application fee for a sound recording is INR 2,000 per work. The fee for a simple piece of work will be between INR 500 to INR 1,000. So, the copyright fee for every work is different from another.

Ans. Copyright is a complex procedure. It can go up to years. However, you can get a copyright certificate within a month. It takes up to 3 days to file for Copyright Registration. Once the application is ready, the registration office will send a file application along with the fee within 30 working days. So, you can get a copyright certificate in a month's time.

Ans. There are many benefits to copyright. Some of the copyright benefits are listed as follows:

  • Prevention of monetary loss
  • Legal protection
  • Pre-emptive measures
  • Protecting goodwill
  • Protects from forgery, thefts, and illegal use
  • Protection against infringement
  • The public record of ownership

Ans. Copyright is categorised into five major types. You can select the right kind of copyright as per your business needs and requirements. The types of copyright are listed as follows:

  • Public performing Right
  • Public Performance License
  • Reproduction Right
  • Mechanical License
  • Synchronisation License