Copyright Objection Reply Online in India

Overview

Copyright is a legal right that is given to the creator or author of the original work by the law of the country so that the author can protect his interest in the work while using or trading in it. A copyright refers to a creator's rightful proprietorship of their work. During the registration process, the applicant is notified if there are any objections to the claim of ownership or if there are any discrepancies in the application on the grounds of similarity of work or duplication of work with other works. The Registrar can raise an objection and ask for clarification from the applicant. The applicant is required to file a reply to the copyright objection within 30 days from the issuance of the discrepancy letter by the registrar.

Has someone raised an objection against your copyright application? Have you received a notice in this regard? This article will explain how to respond to such a notice. The applicant must reply to that notice by responding to the copyright objection.

Why Copyright Registration is Important?

Copyright is a legal right provided to the creator or author of the original work for its use and trade. Any work that comes under the categories such as literary, music, dramatic, artistic, sound recording, cinematograph films, architectural, computer program/software which is new and unique and is not similar or duplicate to already existing works is considered to be an original work and can be registered under the Copyright Act, 1957.

The copyright registration is important so as to provide legal rights and claims to the owner of the original work and to provide protection to their work. Copyright registration allows placing the original work on record under the copyright laws. Any person who is the author or creator of the original work can file for the copyright registration in India.

Process of Copyright Registration

• Step 1: Analyse the copyright objection raised by the Registrar: The first step to reply to copyright objection is to analyse the copyright objection that is raised by the registrar and understand why the application is objected and under which relevant section of the act it is done.
• Step 2: Draft a Reply: The applicant must then draft a reply to the copyright objection. This should be done very carefully and must include the relevant judgments and rule of law supporting the case and the reasons why it should get copyrighted.
• Step 3: File the Reply: Once the applicant has drafted a valid reply, he must file reply to the copyright objection along with all the necessary documents with the registrar of copyright within 30 days of the issuance of the discrepancy letter.
• Step 4: Copyright Registration: If the registrar of copyright finds the reply to copyright objection valid, he shall remove or set aside the copyright objection and shall proceed further with the copyright registration and issue a Certificate of Copyright Registration to the creator or the author of the original work.

Copyright Objection

Copyright Objection is an objection raised by the Registrar of Copyright when the author's work in the copyright application is similar to the work which already exists in the market. Hence, the applicant is given an opportunity to file a reply and state his reasons against the Copyright objection. The applicant's reply must be strong so as to make him competent for the Copyright registration and avail legal protection for his creation.

Reasons for Which Copyright Objection is Raised by the Registrar of Copyright

The Registrar of Copyright may raise an objection in respect to the application if following reasons are found in the application submitted by the applicant:

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

Documents Required to File Reply to Copyright Objection in India

The documents that are required to file reply to copyright objection are as follows:

1. Discrepancy letter that is issued by the Registrar of Copyright.
2. Supporting documents of reply.
3. Copy of application of registration.
4. Affidavit, if required.

Objections and Discrepancies in a Copyright Application

A copyright objection arises when a third-party files an application claiming that the copyright in question reflects a pre-existing expression of an idea already belonging to them. The party seeking a response to a copyright objection in order to justify the issues raised receives the results in letters. In certain cases, the Registrar might also call for a hearing where the registration can either be accepted or rejected.

When the copyright office uncovers grounds to place a query on the application, it does so in the form of letters to the applicant. In exchange they expect an explanation during the course of the examination; this is referred to as a copyright discrepancy.

An objection may be raised for a variety of reasons, including, but not limited to, a lack of distinctiveness or the discovery of any incorrect details in the copyright application. The applicant then needs to reply to the discrepancy letter by justifying the issues raised. The approval or rejection of the application depends on this reply.

Need to Reply to an Objection/Discrepancy

After a thorough examination, the Registrar conveys to the applicant the existence of objection(s), if any, and requests for documents to counter the same. It is the legal obligation of the copyright applicant to file a response to the copyright objection letter. On not receiving any response, the Registrar may cancel the copyright application and mark it as 'rejected'. To avoid such rejection and obtain the legal rights to one's work, a quick response is required.

The Reply

The response to a copyright objection or discrepancy letter is a legal document. The drafting of the same requires complex legal knowledge and excellent drafting skills. There are two ways to file a response: either by the creator themselves, if they have the necessary competencies to explain their work, or by hiring a legal team to do so. We recommend seeking professional assistance. The response to an objection/discrepancy notice is a legal document and the very ownership of one's work is at stake.

Although there is no standard format to draft a response to a copyright objection letter, there are certain pointers to keep in mind. Attach the following documents with the reply:

• Copy of copyright registration application.
• Affidavit for the reply, if required.
• Documents in support of reply.
• Power of Attorney by the applicant.
• Copy of discrepancy letter issued by the registrar.

Based on whether or not the registrar is satisfied with the contents of the response letter, a hearing might be arranged. Such a reply calls for utmost professionalism to ensure a good outcome at the end of the copyright registration process. Responding to a copyright objection is merely a procedure that does not ensure the registration of one's copyright. Furthermore, after filing the reply, the creator must follow up with the relevant registrar's office.

Moreover, if an objection is filed, it takes an additional month to determine whether the copyright can be registered or not. Because obtaining copyright is crucial as legal proof of ownership, one must exercise extreme caution in order to ensure the copyright application's success. Do not hesitate to seek professional legal counsel to help with the entire process.

What Are the Benefits of Filing Reply to Copyright Objection in India?

A reply to copyright objection is submitted to the registrar of the copyright requesting for the clarifications in terms of the objections raised. Few of the benefits of filing a reply are as follows:

• It is important to reply to copyright objections quickly so as to gain and retain the legal rights of the work.
• When an objection is raised by the registrar, the applicant is required to file a reply. If the reply is not submitted, the registrar of copyright has the right to revoke the copyright application and list the application as rejected on the copyright bulletin. Therefore, it is necessary to file a reply to the copyright objection on time.
• While giving a reply to copyright objection, there is no standard format for drafting the reply. The reply can be drafted either by the applicant personally if he has sufficient legal knowledge, or he can take the assistance of a legal specialist.

What Happens if the Reply to Copyright Objection is Not Filed?

In cases where the reply to copyright objection is not filed within the specified period of time, the registrar has a right to cancel the application for copyright and the status of application shall be updated as "Rejected". Therefore, to avoid such circumstances or actions by the registrar, it is mandatory to file a reply to copyright objection.

Conclusion

The copyright law allows the creator or author of the original work to register its work in accordance with the rules and procedure under the Copyright Act, 1957, in order to protect its work from being used or infringed by others without his/her permission. When an application for copyright registration is submitted, an objection may be raised by the registrar on the grounds of similarity or duplication of work. Therefore, it is important to file a reply to a copyright objection with the registrar within 30 days of the objection so raised, so as to provide the clarification on the objections and issue copyright registration for the original work of the author.

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