Copyright Registration

For Just All inclusive. No hidden charges

 

What is Copyright Registration?

Copyright is a form of intellectual property right and legal right created by the law of a country that grants the creator of original work exclusive rights for its use and distribution for a limited period of time. Copyright protects only the original expression of ideas, and not the underlying ideas themselves. These rights frequently include reproduction, control over derivative works, distribution, public performance, and "moral rights" such as attribution.

Copyrights are territorial rights and do not extend beyond the territory of a specific jurisdiction. The duration of copyright is the span of the author’s life plus 50 years after the author dies.

In other words a copyright is a legal device that gives the originator of a creative work the sole right to publish and sell that work. The copyright owner can control the reproduction of their work. An author may grant or sell those rights to others, including publishers or recording companies. Violation of copyright is infringement.

Documents Required for Copyright Registration

  • Four copies of the artistic work
  • Name address and nationality of the applicant
  • Nature’s of the applicant’s interest in the work
  • Title of the work
  • Name address and nationality of the author
  • Power of attorney on Indian Stamp Paper
  • NOC from trademark registry
  • Year and country of first publication and name, address and nationality of the publisher

What Can be Copyrighted

  • Original literary, dramatic, musical and artistic works;
  • Cinematograph films; and
  • Sound recordings.

What Cannot be Copyrighted

  • Names of products
  • Names of businesses, organizations, or groups
  • Pseudonyms of individuals
  • Titles of works
  • Catchwords, catchphrases, mottoes, slogans, or short advertising expressions
  • Listings of ingredients in recipes, labels, and formulas, though the directions can be copyrighted

Exclusive Rights of Copyright Holders

  • To produce copies or reproductions of the work and to sell those copies (including, typically, electronic copies)
  • To import or export the work
  • To create derivative works (works that adapt the original work)
  • To perform or display the work publicly
  • To sell or cede these rights to others
  • To transmit or display by radio or video

Guidelines Regarding Registration of A Work Under The Copyright Act?

  • Chapter VI of the Copyright Rules, 1956, as amended, sets out the procedure for the registration of a work. The procedure for registration is as follows:
  • Application for registration is to be made on Form IV ( Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules ;
  • Separate applications should be made for registration of each work;
  • Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules ; and
  • The applications should be signed by the applicant or the advocate in whose favor a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.

Frequenty Asked Questions
 

1. Do I need to be physically present during this process?

o, new company registration is a fully online process. As all documents are filed electronically, you would not need to be physically present at all. You would need to send us scanned copies of all the required documents & forms.

2.How much time is needed for setting up a private limited company in India?

If you have all the documents in order, it will take no longer than 15 days. However, this is dependent on the workload of the registrar.

3.What are the rules for picking a name for a private limited company?

The Registrar of Companies (RoC) across India expect applicant to follow a few naming guidelines. Some of them are subjective, which means that approval can depend on the opinion of the officer handling your application. However, the more closely you follow the rules listed below, the better your chances of approval. First, however, do ensure that your name is available.
Unique Component: In Flipkart Internet Private Limited, Flipkart is the unique component. Now, once taken, the name Flipkart will not be given to any other business within the suffix Internet or even related categories (E-commerce and Online Solutions, for example). But there is some subjectivity, too. Some RoCs may not even approve the name Flipkart Chemicals Private Limited, reasoning that the e-commerce brand Flipkart is too well-known. Similar sounding names would also be rejected (so no Flipkart).
Blacklist: Abbreviations, adjectives and generic words are rejected. So BBC or XYZ would be rejected, as would Good Quality Biscuits. The words bank, exchange and stock exchange, unless approved by RBI or SEBI, would also be rejected.
No Common Trademark: There should not be a registered trademark by the same name on the IP India website. If there is one, the name can only be approved if you are able to get a No-Objection Certificate from its owner authorising you to use it.
Descriptive Component: In Biocon Research Private Limited, the word 'Research' describes the business the company is into. You cannot have 'Research' in your name if you're, say, in the logistics or restaurant business.

4.What documents are required to complete the process?

All directors must provide identity and address proof, as well as a copy of the PAN Card (for Indian Nationals) and Passport (for foreign nationals). No-objection Certificate must be submitted by the owner of the registered office premises.

5.What is a DSC?

The DSC is an instrument issued by certifying authorities (TCS and n-Code are two of them) by which you can sign electronic documents. As all documents needed are electronic, partners need a DSC.

6.Does a private limited company have continuous existence?

Yes, so long as the annual compliances are met, the private limited company will continue to exist. If you do not comply with the requirements, it will go dormant, until it is struck off the register altogether.

7.How much does it cost to run a private limited company?

The cost of running a private limited company can be divided into four categories: cost of setting a private limited company, cost of accounting and auditing, cost of compliance and miscellaneous expenses. At the very minimum, you can expect to spend Rs. 40,000 on all of these.

8.Is it necessary to have a company's books audited?

Yes, a private limited company must hire an auditor, no matter what its revenues. In fact, an auditor must be appointed within 30 days of incorporation. Compliance is important with a private limited company, given that penalties for non-compliance can run into lakhs or rupees and even lead to the blacklisting of directors.

9. What are articles of association and memorandum of association?

These documents contain the rules, vision and mission of your organisation, and define, among other things, the exact business and the roles and responsibilities of shareholders and directors.