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Copyright Objection

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Copyright Objection

Copyright Objection

Copyright is a legal right given by law of the country to the creators of original work for its use and trade. Copyright is just like an asset and is a form of intellectual property.

Any work that falls under categories such as literary, drama, music, artistic film recording, painting, photography, poetry, sound recording or song which is new and unique is considered original work. To save the original work from infringement or theft, the work of art must be protected. A major limitation on copyright is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.

It is important to record the copyrights granted to the owners and hence copyright registration is important to provide legal claim and rights to the owners for the protection of their work.

Copyright Objection

During the process of copyright registration, there is a chance that the copyright application may be met with objections by the registrar. An objection may rise for various reasons such as if there are similarities found in the application and existence of similar work. The copyright objection may rise anytime from 30 days of the filing of copyright application.

Why to file reply to copyright objection

After thorough examination of the application, if objections rise, the registrar informs the applicant of the same and requests for clarifications. As it is a legal obligation, it is important to file a response to the copyright objection letter. If a response is not filed, then the registrar may cancel the copyright application and thus, the application is updated as ‘rejected’ in the copyright journal.

To avoid any such results, it is important to respond to the copyright objection to obtain and sustain the legal rights of the work.

Response to copyright objection

Copyright objection letter is a legal letter and thus responding to it requires legal knowledge and drafting skills. There is no fixed format to draft a response to copyright objection letter. Thus, either an applicant can draft the response by itself if it possesses enough legal knowledge or it can also hire a legal expert to help respond to the copyright objection letter.

Advantages of Copyright Objection : 

If copyright objection is properly replied with supporting affidavit and papers then the probebility of clearance is higher.
If the objection is sustained, then the application is refused, and the application becomes abandoned (assuming no objection is taken). If the opposition is denied, then the application will be allowed to register (again assuming no objection is taken).
Overview Documents Required?

Copyright is a legal right given by law of the country to the creators of original work for its use and trade. Copyright is just like an asset and is a form of intellectual property.

Any work that falls under categories such as literary, drama, music, artistic film recording, painting, photography, poetry, sound recording or song which is new and unique is considered original work. To save the original work from infringement or theft, the work of art must be protected. A major limitation on copyright is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.

It is important to record the copyrights granted to the owners and hence copyright registration is important to provide legal claim and rights to the owners for the protection of their work.

Documents in Support of Reply/Discrepancy Letter Issued

FAQ

Copyright Objection means, the copyright department has examined or checked your copyright application and while checking, they have reasons to object the application and ask for clarification on certain points. The copyright registry sends a letter to the applicant asking for reply.

It is important to submit a proper reply to Copyright objection letter within 15-30 days of issue of the letter.
If a legal reply is not filed, the copyright registry may cancel the copyright application and update the status of the application as Rejected

A copyright is valid in India. However, a copyright can be used as a proof outside India as well.

An applicant has to wait mandatory 30 days for any probable case of objections.

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