What is the process of copyright registration for music in India?

Introduction

A person can express their emotions or let go of mental tension through listening to music, which is a form of art that provides an escape from the chaos of daily life for many people in India. Composing and copyrighting music needs time, and effort. Even writing, recording, and publishing a song or album may seem like the completion of the process to you but that is not enough, you should protect your music by registering it under Copyright Law before announcing its completion. In this blog, we will discuss- What is copyright for music?” What is the process of copyright registration for music?”.

What is copyright registration?

In India, copyright registration is a kind of intellectual property right that validates the ownership of an author or creator of their works. Moreover, it grants them the sole right to use their inventions. It also covers creators of cinematographic movies and sound recordings, along with musical, theatrical, literary, and creative works. There are many advantages to copyright registration, including the rights to copy, disclose information to the public, modify works, and interpretation of the works. The major goal of this registration is to reward the author or creator of the work by protecting their own interest in it.

What is copyright for music?

Copyright for music refers to legal control over your musical composition or sound recording. As the owners of the copyright, individuals possess exclusive rights to reproduce and redistribute the work, along with the licensing rights that enable them to generate income.

Advantages of copyright registration for music

The following are the advantages of copyrighting music under the Copyright Act, 1957:

• The work that is copyrighted under the Act cannot be violated by any other company or business firm.
• The certificate of copyright registration is true and valid for the lifetime of the owners plus 60 years (after the death of the copyright owner).
• Infringement of copyrighted music is a criminal offense that can be prevented by filing a police report.
• In the case of copyright infringement, a civil suit may be filed in the place of residence of the owner of the copyright.
• Additionally, anyone wishing to use copyrighted music must obtain permission from the copyright owner and, if required, pay royalties before creating derivative works.

Documents required for copyright registration of music

The following documents must be submitted with an application to the copyright office in India to copyright music in India:

• Make two copies of your original work.
• The owner’s name, address, and proof of identity, together with a certificate of incorporation (if the owner is a legal entity).
• If the application is submitted through a lawyer, the lawyer will accept only the original Power of Attorney that has been duly signed by the applicant and accepted by the lawyer.
• If the applicant is not the publisher, they must submit an NOC, or no objection certificate.
• If the applicant is not the author, a no objection certificate (NOC) from the author is required.

What is the process of copyright registration of music in India?

The following is the process of copyright registration of music in India:

1. Search for similar copyrighted music: The applicant should search that if any similar music with the same name or content or same nature is already registered or not. After the search, if the applicant finds that the music is not registered, they should file an application.

2. Filing of an application: The applicant should file an application to register his/her music with the correct information through the portal of the Copyright which is https://ipindia.gov.in/copyright.htm. After that, prepare the documents required and then attach such documents with the application for copyright registration for music. After the submission, a diary number will be generated, which can be used to track the application.

3. Raise objection, if any: Once the application proceeds to the next stage without encountering any objections, it will remain open and receptive to objections or claims from individuals asserting an interest in the subject matter of the copyright for a duration of 30 days. If no objections are received within this period, the application will progress further based on the principle of first-come, first-served.

4. Hearing: If any objection is raised by any third party, then a hearing will be conducted. The applicant has to file a reply to the objection raised and then the Registrar will call for a hearing to both the parties. The registrar will give the applicant an opportunity to put his points. If the hearing ends in favor of the applicant, then the application will proceed for final scrutiny.

5. Grant for copyright registration: After the hearing ends in this favor of the applicant. The application will proceed for final scrutiny which is performed by the Registrar. The registrar will decide whether to grant a certificate of copyright registration for the music or not. In case no objections are raised within 30 days, then the final scrutiny will be performed by the Registrar. After the final scrutiny, the Registrar will grant the certificate of copyright registration for music to the applicant, providing complete legal rights over their music.

Conclusion

If your literary work, theatrical work, architectural work, adapted work, creative work, or musical work is registered under copyright law, you will be protected from unauthorized use or duplication by any other party. The copyright registration for music is the same as the copyright registration for any literary work, or creative work. The process involves steps such as search for copyrighted music, filing an application, objection (if any), hearing, and granting of certificate for copyright registration.