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Copyright Objection in India

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What is Copyright Objection?

Copyright Objection is a formal objection raised by the Copyright examiner after finding any discrepancies or non-compliance with any provisions of the Copyright Act, 1957, in the registration application. It means the examiner is not satisfied with the application submitted by the applicant. The examiner may also object if he wants further clarification or information from the applicant.

Points to Remember while Filing Copyright Objection Reply in India

Let’s see some essential points to consider while filing a Copyright Objection reply in India:

Read all the objections raised by the examiner carefully and thoroughly to understand the actual reason for the objection.
Draft the written statement of reply in a polite tone with proper punctuation and grammar.
Ensure that the objection reply meets all the legal requirements and is in line with the provisions of the Copyright Act, 1957.
Prepare and file the reply within 30 days of receipt of the objection notice. Any delay in filing may lead to abandonment of the application.
Provide proof of originality and a No Objection Certificate, if any, along with the application.
Ensure all the documents are legible, properly signed, and dated to avoid chances of rejection of the application.

Grounds for Copyright Objection

Copyright Examiner, during the examination of the application, can raise an objection on any of the following grounds:

Lack of Originality:

The Copyright Act, 1957, protects the artwork that is original in nature. If the Examiner thinks that the artwork is similar to any existing work or lacks originality, or if the applicant has not provided proof of originality, it may raise objections.

Incomplete or Incorrect Documents:

The applicant is required to attach certain documents with the application as supporting documents for the reference of the Copyright Office. If the applicant has attached incorrect documents or the attached documents are incorrect, the Examiner may object to the same.

Similarity with Existing Artwork:

If the Examiner has found similarity of the artwork with the existing registered or unregistered artwork, he may object and ask the applicant to provide proof or submit documents to justify the registration of the copyright.

Not in line with the law:

The Examiner also checks the legal compliance of the application and documents attached. The application should be in line with the law. If the Examiner finds the application or documents breach the provisions of the Copyright Act, 1957, or the Copyright Rules, 2013, it may raise an objection.

Third-Party Involvement:

If the artwork proposed to be copyrighted contains certain words or things which are the property of a third party and the applicant has not attached a No Objection Certificate (NOC) received from the party, the Examiner may object to the application.

Process for Filing Reply of Copyright Objection in India

Reply to the Copyright Objection in India should be filed timely and by following these steps:

Analyse Objections:

The applicant should analyse the objections carefully and should identify the grounds on which the objection has been raised by the Examiner. Research and refer to the latest case laws and orders of the Copyright Office to better understand the Objection notice.

Prepare Objection Reply:

Start preparing to reply to the Objection notice. The reply should contain answers to every objection raised by the examiner and should accompany all the documents as required by the Examiner in the notice. The reply to the objection notice should be drafted in a way that clears all the questions of the Examiner and reduces the chances of hearing.

File Objection Reply:

The reply to the Objection reply should be filed within 30 days of the Objection notice. While filing, ensure that all the documents are legible and named properly. On failure to file the Objection reply timely, the Copyright application will be considered as abandoned and will be marked as ‘Rejected”.

Order by Examiner:

If the Copyright Examiner is satisfied with the reply and submitted documents, the Examiner will proceed with the registration process and publish the proposed copyright in the Copyright Journal.

Documents Required for Filing Copyright Objection Reply in India

The documents needed for the Copyright Objection reply are:

Written Objection Reply.
Declaration of Originality.
No Objection Certificate, if any.
Assignment agreement, if any.
Power of Attorney, if any
Identity Proof of Author.
Evidence of Prior Creation.

Patron Accounting: Best Solution for Copyright Objection

Objections during the registration process can be a hurdle and can cause stress to the applicant. But there is good news: you can avoid this stress with Patron Accounting. Our team at Patron Accounting can help you cross this hurdle by:

Drafting a professional and legally sound copyright objection reply.
Ensuring the filing of the reply within the stipulated time.
Helping you gather all the required documents.
Providing professional guidance throughout the process.
Helps you understand the grounds of objection more clearly.

Conclusion

Copyright objection is an important stage in the Copyright registration process. Late reply to the Copyright objection leads to abandonment of the Copyright application. The reply to the objection should be well drafted, clarify all the doubts and questions of the examiner, and increase the chances of registration of the copyright.

However, for a layperson, responding to the objection can be a challenging process, and seeking professional guidance can help ensure proper compliance with the Copyright Act, 1957. Patron Accounting can assist you in preparing a professional response along with the necessary documents.

Frequently Asked Questions

Have a look at the answers to the most asked questions.

Copyright Objection is a formal objection raised by the Copyright examiner after finding any discrepancies or non-compliance with any provisions of the Copyright Act, 1957, in the registration application.

The object of the Copyright Act, 1957, is to safeguard the interests of the Copyright owners and to prevent others from exploiting their rights.

Yes, you can dispute a copyright claim if the said copyright is registered in your name or if it in any way affects your rights.

Section 42 of the Copyright Act, 1957 provides that the Registrar of Copyright has the authority to rectify any defect in the entries made in the Register of Copyright.