Last updated: January 8th, 2022 10:48 AM

How to reply to a Copyright objection?

Copyright is a form of intellectual property right and is an asset for the creator of the work. Copyright is also a legal right given to the creator of the author of original work by the law which safeguards the rights of the author which can protect his interest in the work while using or trading in it.  While the copyright is getting registered if there is any discrepancy or inconsistency in the application of other works then the Registrar can raise an objection and clarification should be asked from the applicant.  The applicant is required to file the reply over the Copyright objection in 30 days from the issuance of the discrepancy letter by the registrar. This article will provide you with all the information regarding how to file a reply to copyright objections in India.  

Why is copyright registration beneficial?

  Any literary work, music work, dramatic, artistic, sound recording, and cinematography work that is new and unique and is not similar is considered to be original and can be registered under Copyright Act, 1957. Copyright Registration is important to provide the legal right and claims to the owner of the original work and for protecting their work. Copyright registration allows the original work on record under copyright laws. A person who is an author or creator can file for copyright registration in India.

When is Copyright Objection raised?

An objection may be raised by the Registrar an objection concerning the application if in case the following reasons are found in the submitted application:

• The copyright is to be obtained by the applicant is similar or duplicate to the already existing work
• If there are similarities in the application.

How to reply to a Copyright objection?

Step 1: At first it is necessary to analyze the received objection and understand why is the application objected. Understand the relevant section of the act. Step 2: The applicant is then required to draft a reply to the copyright objection that is received. The reply should be drafted carefully and has to include the relevant judgments and the rule that supports the law and the reasons why copyright is needed. Step 3: The reply to the objection is to be filed with the registrar within 30 days of issuing the discrepancy letter. Step 4: If the registrar of the copyright finds the reply valid then the objection will be removed and the copyright gets registration. A Certificate of Copyright registration is issued to the author of the original work.

Documents required to file the copyright objection

Here is the list of documents required for filing the copyright objection:

• Discrepancy letter issued by the Registrar
• Supporting documents of reply
• Copy of application of registration
• The affidavit, if required.

Consequences of not filing copyright objection

If the applicant is not filing the copyright objection within the specified period then the registrar has to cancel the application and the application will be rejected. To avoid such circumstances or action it will be better if the copyright objection is filed. Copyright allows the creator or the author's original work to register the work by the rules and the procedure under the Copyright Act,1957 to protect the work from being used or even infringed by others with or without his or their permission.  To know more about copyright registration in India you can talk to our experts today or log  into www.indiafilings.com