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Registration of Copyright in India

Form IV - Application for Registration of Copyright

To

The Registrar of Copyrights

Copyright Office

New Delhi- 110 001.

Sir,

In accordance with Section 45 of the Copyright Act, 1957 (14 of 1957), I hereby apply for registration of Copyright and request you that entries may be made in the Register of Copyrights in the enclosed Statement of Particulars sent herewith in triplicate.

I also send herewith completed the Statement of Further Particulars relating to the work.

(For Literary, Dramatic, Musical and Artistic works only)

2. In accordance with Rule 16 of the Copyright Rules, 1958, I have sent by prepaid registered post copies of this letter and of the enclosed Statement(s) to other parties concerned, as shown below:

Name and addresses of the parties Date of dispatch

See columns 7, 11, 12 and 13 of the Statement of Particulars and the party referred in Col. 2 (e) of the Statement of Further Particulars.)

3. The prescribed fee has been paid, as per details below:-

4. Communications on this subject may be addressed to: -

5. I hereby declare that to the best of my knowledge and belief, no person, other than to whom a notice has been sent to as per paragraph 2 above has any claim or interest or dispute to my copyright of this work or to its use by me.

6. I hereby verify that the particulars given in this Form and in the Statement of Particulars and Statement of Further Particulars are true to the best of my knowledge, belief and information and nothing has been concealed therefrom.

Yours faithfully,

Signature by the applicant

List of enclosures:

Place:

Date:

Statement of Particulars

(to be sent in triplicate)

1. Registration No. (to be filled in by the Copyright Office)

2. Name, address & nationality of the Applicant

3. Nature of the Applicant’s interest in the Copyright of the work

4. Class and description of the work

5. Title of the work

6. Language of the work

7. Name, address & Nationality of the Author and if the author is deceased, the date of decease

8. Whether the work is published or unpublished

9. Year and Country of first publication (Name, address and nationality of the publisher)

10. Years and countries of subsequent publications if any, and name, addresses and nationalities of the publishers

11. Names, address and nationalities of the owners of various rights comprising the copyright in the workand the extent of rights held by each, together with the particulars of assignments and licence, if any

12. Names, addresses and nationalities of other persons if any, authorised to assign or licence the rights comprising the copyrights

13. If the work is ‘Artistic’ the location of the original work, including name and address and nationality of the person in possession of the work, (in case of an architectural work, the year of completion of the work should also be shown).

13A. If the work is an Artistic work which is used or is capable of being used in relation to any goods, the application should include a certification from the Registrar of Trade Marks in terms of the proviso to Sub-Section (i) of Section 45 of the Copyright Act, 1957.

14. Remarks, if any

Signature of the Applicant

Place:

Date:

Statement of Further Particulars

(To be sent in triplicate)

(For Literary, Dramatic, Musical and Artistic works only)

1. Is the work to be registered

a) an original work?

b) a translation of a work in the public domain?

c) A translation of a work in which Copyright subsists?

d) an adaptation of a work in the public domain?

e) an adaptation of a work in which Copyright subsists?

2. If the work is a translation or adaptation of a work in which Copyright subsists:

a) Title of the original work

b) Language of the original work

c) Name, address and nationality of the author of the original

d) work and if the author is deceased, the date of decease

e) Name, address and nationality of the publisher, if any,

f) of the original work

g) Particulars of the authorization for a translation or adaptation

including the name, address and nationality of the party authorizing:

3. Remarks, if any

Signature

Place:

Date:

Instructions for filling up the Statement of Particulars annexed to Form IV for the Registration of Copyrights

Col.3:- State whether the applicant is the author or publisher of the work or whether he/she is the owner assignee or licencee of any right comprising the copyright in the work or whether he has any other interest in the work.

Col.4:- State whether the work is "Literary work" or "Dramatic Work" or "Musical work" or "Computer Software work" or "Artistic Work" or "Cinematograph Film" or "Sound Recording", [see sub- section (i) of Section 13]. Describe in brief the nature of the work (i.e. Drama, Novel, Biography, Poems, Lecturers Opera, Painting, Engraving, Photograph, Disco tapes, etc.)

Col. 5 In regard to a work, a title must be given.

Col. 6 If the work is in more than one language, all the languages should be shown.

Col. 7 For the definition of Author see clause ‘d’ of Section 2. Moreover, irrespective of the personwho gave the ideas or suggestions, the author is the person who has actually drawn or executed the work in question.

Col. 8 For definition of Publication see Section 3 of the Act, and if the work is posthumous work, see sub-section (2) of Section 24.

Col. 9 If a work is published simultaneously in more than one country, state particulars of countries in which it is published and the exact date of publication (and not merely the year of publication) in each country. For meaning of simultaneous publication see section 5.

Col. 10 In case of subsequent publication, state briefly the changes, if any, made in the first publication.

Col.11 For the rights comprising the Copyright, see Section 14. If the rights are owned separately by different persons the rights of each person should be stated separately, including the extent of rights held by each person. In the case of a ‘Cinematograph Film’ or ‘Sound Recording’ also state in full particulars (viz. full names, addresses and nationalities) of the owners of Copyright of the work recorded in the Sound Recording like the composers, lyricists, story writers, etc.

Col. 2 State the Particulars of the persons other than those mentioned in Col. 11, authorized to assign or licence the rights comprising the copyrights, if any.

Col.13 State where and with whom the original work is located. This information is required to be supplied in case of artistic work as defined in Section 2 (c).

Col.13A In case an artistic work is used or is capable of being used in relation to any goods, a Search Certificate from the Trade Marks Registry u/s 45 (1) of the Copyright Act, 1957 as amended from time to time, has to be procured, and enclosed in original with the application for registration of Copyright.

- Ozg Registration Consultant –

http://registration.ozg.in


Email: registration.consultant@ozg.co.in



Ozg Center, New Delhi, INDIA