Application for Registration of Copyright

Application for Registration of Copyright under Section 45 of the Copyright Act, 1957’s format is hereby given below.

FORM XIV

Application for Registration of Copyright

[See rule 70]

To,

The Registrar of Copyrights,

Copyright Office,_______________
Phone: ________

Sir,

In accordance with section 45 of the Copyright Act, 1957 (14 of 1957), I hereby apply for registration of copyright and request that entries may be made in the Register of Copyrights as in the enclosed  statement of Particulars’ sent herewith.

1. I also send herewith duly completed the statement of further particulars relating to the work. 

2. In accordance with rule 70 of the Copyright Rules, 2012, I have sent by prepaid registered post copies of this letter and of the enclosed statement(s) to the other parties concerned, as shown below: 

Names and addresses of the parties	Date of Dispatch
1	2

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 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 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.

7. List of enclosures: 

Yours faithfully

(Signature of the Applicant)

Place:  ………………….

Date: ……………………

STATEMENT OF PARTICULARS

1. Registration number (To be filled in the Copyright Office)

2. Name, Phone, Email, Address and 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 and nationality of the author and, if the author is deceased, the date of his decease

8. Whether work is Published or Unpublished

9. Year and country of first publication and name, address and nationality of the publishers

10. Years and countries of subsequent publications, if any, and names, addresses and nationalities of the publisher

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

12. Names, addresses and nationalities of other persons, if any, authorized to assign or license the rights comprising the copyright

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

14. If the work is an ‘artistic work’ which is used or is capable of being used in relation to any goods or services, the application shall include a certificate from the Registrar of Trade Marks in terms of the proviso to sub-section (1) of section 45 of the Copyright Act, 1957.]

15. If the work is an “artistic work” whether it is registered under the Designs Act 2000. If yes give details.

16. If the work is an “artistic work” capable of being registered as a design under the Designs Act 2000, whether it has been applied to an article though an industrial process and , if yes, the number of times it is reproduced.

17. Remarks, if any

(Signature of the Applicant)

Place:

Date:

STATEMENT OF FURTHER PARTICULARS

(For Literary, including Software, Dramatic, Musical and Artistic Works only)

1. Is the work to be registered 

1. An original work? 

2. Translation of a work in the public domain? 

3. A translation of a work in which copyright subsists? 

4. An adaptation of a work in the public domain? 

5. 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: 

1. Title of the original work. 

2. Language of the original work. 

3. Name, address and nationality of the author of the original work and, if the author is deceased, the date of his decease. 

4. Name, address and nationality of the publisher, if any, of the original work. 

5. Particulars of the authorization for a translation or adaptation including the name, address and nationality of the party authorizing. 

3. Remarks, if any.

(Signature of the Applicant)

GENERAL INSTRUCTIONS

1. Rule 70 (3) of the copyright Rules 2013 provides that application has to be signed by applicant (author/owner) only it does not provide for an attorney to sign an application (Form XIV) including the Statement of Particulars (SoP) and the Statement of Further Particulars (SoFP) on behalf of the applicant, which are to be signed by none other than the applicant himself. 

2. Form XIV, SoP & SoFP submitted only in the format prescribed by the Copyright Office. Only one copy of Form XIV, SoP & SoFP is required. 

3. Name/address/nationality of the person whose photograph appears on the work may please be intimated in the remarks column. If that person is other than the applicant, a No Objection Certificate, in original may be obtained from that person [from heir(s) if the person is deceased/from the guardian in the case of minor] and enclosed with the application. 

4. Work should be identical with the Search Certificate in respect of size/colour/design. 

5. As per the Rule 70 (5) for registration of Computer Programme or Software, the applicant should provide source code and object code. 

6. In case of Sound Recording & Cinematograph category enclose the copy of agreement. If no agreement is made please obtain NOC from various copyright holders and enclosed the same with the application. 

7. Power of Attorney should be on stamp paper duly accepted by attorney/signed by the applicant. Incomplete POA is not acceptable. 

INSTRUCTIONS FOR FILLING UP THE COPYRIGHT REGISTRATION FORM:

FORM XIV

2. Indicate Names and addresses of the other parties concerned and date of dispatch. 

Under Rule 70 (9) of the Copyright Rules, 2013, the applicant is required to send notice by registered post copies of Form XIV, SoP & SoFP to other parties concerned that you are submitting application for the registration of copyright in the Copyright Office. (Please see Cols. 7, 11, 12, 13).

3. The prescribed fee has been paid, as per details below: Please give the details of fee as shown below:

S. No.	DD/IPO No.	Date	Amount	Name of the Bank

4. Communications on this subject may be addressed to: Please provide name and complete communication address with pin code. Pin code should be complete.

STATEMENT OF PARTICULARS

1. Registration number: (To be filled in the Copyright Office) 

2. Name, Address and Nationality of the Applicant: Applicant may be individual/firm/ company/government/university/institution. Also give the complete address and nationality. 

3. Nature of the applicant’s interest in the copyright of the work: Applicant may be Author/Owner/Publisher/Composer/Producer/Artist. 

4. Class and description of the work: Please indicate the appropriate class of work from the following categories: 

Literary / Artistic / Cinematograph Film / Sound Recording / Music / Computer Software

5. Title of the work: Please mention the title of the work. The work to be registered for copyright must have a title which should be short and identical with the work. 

6. Language of the work: Mention all the languages used in the work. In the absence of any script in the work, indicate ‘nil’. In case of Computer Software please mention software language instead of ‘English’. 

7. Name, address and nationality of the author and, if the author is deceased, the date of his decease: Please furnish Name/Address/Nationality of the author. Here ‘Author’ means person(s) who has/have actually created the work. Authors may be more than one. 

The Firm itself cannot be the author of a work except in case of Cinematograph Film and Sound Recording category.

If the author of the work is other than the applicant, a No Objection Certificate, in original from the author(s) (clearly indicating that he has no objection if the copyright in the work is registered in the name of the applicant) should be submitted. In case the author is partner/proprietor/employee of the applicant firm, the same may be indicated in the application.

If the author is deceased, please mention the date of decease and also submit a notarized affidavit regarding inheritance of right(s) /NOC from all the legal heirs of the deceased author in favour of the applicant

8. Whether work is Published or Unpublished: Mention whether the work is published or unpublished. 

9. Year and country of first publication and name, address and nationality of the publishers: If the work is published, indicated the year/country of first publication/ name/ address/ nationality of the publisher(s). 

If the work is published by a person/firm other than the applicant, a No Objection Certificate, in original, may be obtained from that person/firm and enclosed with application.

10. Years and countries of subsequent publications, if any, and names, addresses and nationalities of the publisher: If the work has any subsequent publications, indicate the year/country of first publication/name/address/nationality of the publisher(s). 

11. Names, address and nationalities of the owners of the various rights comprising the 

Copyright in the work and the extent of rights held by each, together with particulars of assignment and licenses, if any: The name, address & nationality of the person(s) who hold(s) the various rights comprising the copyright in the work are required to be mentioned. In case the applicant himself intends to hold all the rights in the work, his particulars as already given against Col.2 may be mentioned. In case the applicant is a partnership firm, the names of all the partners and their respective shares in the copyright may be indicated.

12. Names, addresses and nationalities of other persons, if any, authorized to assign or license the rights comprising the copyright: If the author intends to authorize another person(s) to assign or license the copyright on his behalf, the name, address and nationality of such person may be indicated. If not, please indicate ‘nil’ against this column. 

13. If the work is an “artistic work”, the location of the original work, including name, address and nationality of the person in possession of the work. (In the case of an architectural work, the year of completion of the work should also be shown): 

14. If the work is an ‘artistic work’ which is used or is capable of being used in relation to any goods or services, the application shall include a certificate from the Registrar of TradeMarks in terms of the proviso to sub-section (1) of section 45 of the Copyright Act, 1957.]: As per Rule 70 (6) a Search Certificate from The Trade Marks Registry is mandatory if the artistic work is to be used or capable of being used in relation to any goods, irrespective of whether trade mark is registered or not. Otherwise, clearly state that the work is neither used nor capable of being used in relation to any goods. 

15. If the work is an “artistic work” whether it is registered under the Designs Act 2000. If yes give details: 

16. If the work is an “artistic work” capable of being registered as a design under the Designs Act 2000, whether it has been applied to an article though an industrial process and , if yes, the number of times it is reproduced: 

17. Remarks, if any: If any other information related to work to be registered, may be indicated in this column. 

STATEMENT OF FURTHER PARTICULARS

If the work is original, answer to Col.1 (a) would be “yes”, and all other columns may be indicated as

“Nil”. If the work is not original please furnish necessary details as required.