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A Complete Process of Website Copyright Registration in India

A Complete Process of Website Copyright Registration in India

Copyright is one of the legal privileges accorded to authors, musicians, playwrights, filmmakers, and record producers. It gives the owner of the work the sole right to sell, distribute, or duplicate its publication by having it registered through Websites Copyright Registration. The Copyright Act of 1957 governs copyright registration in India. One acquires the exclusive right to their creative works, such as books, paintings, music, websites, software, novels, etc. by registering their copyrights. The original work is protected by copyright from duplication or abuse by third parties. In this article, we will discuss the process of Website Copyright Registration.

What is Website Copyright Registration?

Website is said a combination of various web pages into a single domain. Websites are used in order to deliver certain information or knowledge to the public as large. It takes a lot of time, hard work, creative ideas, etc to create a website thus it is advisable to copyright the same in order to save its content. Any website which is published becomes copyrighted at the same time. Also, Website Copyright Registration avails various benefits and protection to the website and its content. It shall be noted at the same time that in Website Copyright Registration the website is not copyrighted, its content is copyrighted.   

What is the need for Websites Copyright Registration in India?

The need for Websites Copyright Registration in India is mentioned as follows:

  • A Website’s Copyright Registration acts as a public record of the website’s copyright owner.
  • If there is a legal issue regarding who owns the copyright to a website, the registration of the copyright on the website is prima facie evidence in the court.
  • In the event that his copyrighted website is violated, the owner of the website has the right to file a lawsuit and pursue legal action. The infringer is responsible for punishment or a fine, and the owner has the right to sue them for damages.
  • Despite the fact that the work was initially published in India because that country is a signatory to the Berne Convention, it offers the owner protection against infringement both domestically and abroad.

Reasons for Websites Copyright Registration 

The following are the reasons for Website Copyright Registration:

  • It is recommended to register a website if it offers useful content and creative concepts that could lead to revenue.
  • If the website’s creator starts to lose money and sales because of content duplication.
  • When numerous third-party websites have started using the website’s content, they often resemble the original website pretty closely.

Mandatory Requirement for Websites Copyright Registration 

 Websites Copyright Registration protects original works and prevents their unauthorized duplication. Thus, the following are the fundamental prerequisites for copyright registration in India:

  • Name, address, phone number, e-mail address, and nationality are basic information about candidates.
  • The candidate must create a soft copy of his work and submit it with JPG-format files. Work that relates to a website or piece of software must be uploaded on CDs and DVDs.
  • The applicant must get a clear copyright search certificate from the trademark office if the copyright is connected to any artistic work.
  • If the original creator of the work is willing to register the copyright through a designated representative, he or she may do so by signing a power of attorney on behalf of any advocate.

Documents

The following documents must be submitted for Websites Copyright Registration;

  • Voter identification, a passport, or a driver’s license (Anyone of these)
  • PAN and applicant’s Aadhar
  • A NOC must be provided if the composer and the applicant are two different people.
  • Legal Authority
  • Original composition’s Xerox copy in JPG format
  • An accompanying CD or DVD is needed if the work refers to software or a website.

Procedure of Websites Copyright Registration  

The following are the steps for Websites Copyright Registration;

  • The applicant has the option of registering their website copyright offline or online. If the application is submitted online, the applicant must fill out the online form for website copyright registration by going to the copyright registration’s official website. The applicant can submit an application for a new copyright registration at www.copyright.ov.in. The application form must be completed and submitted with the necessary supporting documentation and creation proof.
  • When a new registration button is clicked, the page will take the applicant to a new page where he must create a login ID. A diary number is generated once the log-in id is created to keep track of the application’s progress.
  • Following the submission of the application, the applicant is required to wait 30 days in case any objections are brought up regarding the copyrighted material. The application will move forward to the examiner’s review if no objections are voiced. However, the applicant must be given the chance to explain why his application shouldn’t be denied if any objections are voiced or if there is any inconsistency with the application. A hearing will be held for the applicant. The application will move forward for registration if the issues are corrected. However, the application will be rejected if the examiner is not satisfied with the justifications provided by the applicant and the discrepancies are not cleared up.
  • The registrar shall register the website copyright and issue the owner with a certificate of website copyright registration once all procedures have been followed and the examiner has finished his or her examination. The owner of the original work has some legal rights that he may exercise due to his possession of registered copyright.

Conclusion 

For the owner of a website to prevent infringement or unauthorized use, Website Copyright Registration in India is crucial. The Copyright Act of 1957[1] in India permits the independent protection of a variety of website-related elements. The website’s unique material, including pictures and audio files, may be protected by copyright regulations. No one else is allowed to reproduce or use any aspects of a website after it has been registered under copyright law without the creator’s permission, and if they do, they risk being punished or fined under the Copyright Act. 

If any infringement occurs, the creator can use Websites Copyright Registration as the first line of defense in any legal action. A creative must register their website and secure copyright in accordance with the guidelines and steps outlined in the statute. Contact Bizadvisors.io for more details.

Read our article:How to Get Copyright Registration in India: A Complete Overview

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