Introduction
In order to confirm the status of their copyright, registered users can visit ipindia.gov.in and use their Diary Number, which they will receive once their application has been successfully processed. Start the process with the application's open status; enter your contact number and verify the status stage. Let’s dive into this guide to explore what copyright registration is, how to check copyright status online, and what to do if the copyright is not registered.
What is Copyright Registration?
The copyright registration process in India is a legal procedure in which an original work is documented with the relevant authorities, namely the Copyright Office of India, giving rise to a public record of ownership of a particular work. As per the Copyright Act, 1957, registration is not mandatory to get the basic right, as copyright protection begins the moment an original work is created.
Registration is not mandatory, but it provides basic legal rights and benefits to registered individuals and businesses. If a third party is found guilty of damaging or using the original work without permission, then the owner of the copyright can take legal action.
Why Does Checking the Copyright Status Matter?
Checking the copyright status online is crucial to prevent the application from being abandoned. As the registration process involves multiple stages, ensuring each stage matters. If you are active with copyright status searches, then you can immediately respond to objections raised by the authority. This is how the copyright status online works:
- Immediate Action to Discrepancies & Objections: By using the online copyright status check process, you can respond to the examiner if they have issued a discrepancy letter or raised an objection. It is mandatory to respond to a discrepancy or objection within 30 days of receiving the notice. Your copyright application will be abandoned if you fail to respond to the objection immediately.
- Ensures Statutory Waiting Period: During the registration procedure, the application comes under the 30-day mandatory waiting period, during which the third party can inspect the claim and file an objection. By using the online status check, you can easily know whether you have cleared the 30-day mandatory waiting period or your application has moved to formal verification mode.
- Alerts to Hearing Schedules: The Copyright Office in India schedules the hearing if there is a complex conflict situation created or an objection raised. By staying active with online copyright status checks, you can easily track the hearing schedules.
What Is a Copyright Status Check in India?
In India, a copyright status check online refers to the process of following the application and checking its progress with the Copyright Office of India. Through it, users can also look up whether a work is already registered or not. Copyright status checking is managed by the Copyright Office under the DPIIT, Government of India, and follows the Copyright Act of the year 1957 and the Copyright Rules of the year 2013.
Types of Copyright Check
There are two types of copyright status check procedures. Both are as follows:
- Application Status Check: A copyright-registered individual seeking to monitor the progress of an application by using their Diary Number.
- Registered Work Search: Anyone who is searching for a registered copyright or work using the Diary Number, ROC number, applicant’s name, or other details.
Understanding the Copyright Status Meaning
These are the common statuses you see on the official Copyright Office portal, which help to understand the meaning of terms:
- Work Awaited: This status explains that the application is filed, but the copy of the creative work, either in digital format or offline, has not been received by the officers.
- Mandatory Waiting Period: The application enters the 30-day mandatory waiting period under Rule 70 of the Copyright Rules, 2013.
- Formality Check Failed: The payment has been received, but several mandatory documents (NOCs or other sample works) are missing; then you will check the status of the documents not received or an alternative.
- Verification/re-verification: To ensure compliance and originality of the creative work, the governing authority officers actively review the documents and work.
- Hearing Conduct: Required to join a formal hearing before the Registrar if any objection is raised or there is a discrepancy.
- Sub-Justice: It states that the matter is pending a decision in a competent court of law.
- ROC Generated: This status states that the copyright application has been approved and Registration of Copyright (ROC) has been issued.
- Abandoned: This status shows that the application has been rejected because the user failed to reply to the discrepancy letter or didn’t submit the work in a timely manner.
What Do You Need Before You Check Copyright Status?
You cannot directly check for the copyright status online in India on the official Copyright Office Portal. To initiate the process, you must ensure you have these things:
- Unique Diary Number: A tracking number called a diary number is issued to the user immediately after submitting the application online or offline. It serves as the primary tracking and identification number for all future communication or other requirements.
- Alternative Identifiers: If your diary is misplaced, you can use the alternative options to check the status on the portal. Mention the Record of Copyright (ROC) number, Applicant’s Name, and the title of the work.
- Portal Credentials: If you are using your dashboard to verify the discrepancy notices or communication letters, then you can use the registered login ID and password.
- Stable Internet with Valid URL: While checking the copyright status online, you must ensure that your network is stable and not breaking during the process. Further, avoid using third-party or any external link to check the status. Always use copyright.gov.in for any queries.
How to Check Copyright Application Status Online
Follow this step-by-step process to check the copyright application status online. Steps include:
Step 1: Visit the Copyright Portal
Log in to the official copyright office portal, ipindia.gov.in. To do not use any external URL or third-party website to check the status.
Step 2: Navigate to “Status of Application”
To access the status section, click on “Status of Application” from the menu. This is applicable for both offline and online filings.
Step 3: Mention Diary Number
During the application submission, you receive a diary number, which you need to enter. You can use the other alternative options in place of the diary number.
Step 4: Click “View Status”
Click on the “View Status” option to see the real-time stage of your application. It also showcases the filed application details like diary number, class of work, title of work, applicant name, and communication address.
Step 5: Read Status and Respond
Upon checking the status, respond to any queries, if any, raised.
Search a Registered Work Without a Diary Number
It is possible to search for the registered copyright work without the diary number. If you lost your diary number, then you can use alternative options like the applicant’s name, ROC number, or title of the work while looking for the registered copyright work. Follow these steps:
Step 1: Visit the official Copyright Office portal and click on the “search with” options mentioned on the page.
Step 2: Instead of the diary number, mention the following details:
- ROC Number
- Name of Applicant
- Title of Work
Step 3: If prompted, complete the security steps (CAPTCHA) and submit for searching.
Step 4: Re-verify the details of the registered work listed on the portal.
Alternative Method: If you submitted the application for your work offline or online search tools are showing no results, then you can contact the Registrar of Copyrights directly by visiting the Copyright Office, which is located in Boudhik Sampada Bhawan, New Delhi.
What to Do If You Get an Objection or Hearing Notice
Under the Copyright Act, 1957, in India, it is mandatory to respond to an objection or hearing notice within the specified timeline. An immediate response helps to protect your application from being abandoned.
Read Notice Carefully
Use your diary number or alternative options to check the application status online on the portal. Check the status and verify whether it is the “examination discrepancy” raised by the Registrar or a third-party objection claiming a competing right.
Prepare a Written Reply within 30 Days
Within 30 days from the date of receipt of the notice, you are required to respond with formal written proof. With the written response, attach the original work for proof and address every single point raised in the objection letter. Use the Official Copyright Office Portal to submit the response.
Attend Hearing (If Scheduled)
A hearing will be scheduled by the Registrar if they are not satisfied with your formal written paperwork. This hearing can be attended by you or an authorized representative (either physically or virtually) to clear doubts and show other proof of originality.
Conclusion
The process of copyright registration in India is straightforward and completed at ipindia.gov.in. Without the registration, you don’t have the legal rights to take action against the third party. But the registration grants the legal permission to file a federal copyright infringement lawsuit in court. Further, the certificate serves as the primary legal evidence for copyright ownership. Meanwhile, the process is much more streamlined with online registration and the assistance of professionals. JustStart, your legal advisor, helps to handle the copyright registration, including handling documents and filing important paperwork.
Frequently Asked Questions!
Q1. How can I check my copyright status online in India?
Ans. You can check your copyright status online by visiting the Copyright Office of India portal using your Diary Number.
Q2. Can I check copyright status without a Diary Number?
Ans. Yes, you can check copyright status on the portal without using the diary number, but you are required to provide other alternative details like ROC number, class of work, work title, and applicant name.
Q3. Is checking copyright status free?
Ans. Yes, checking the copyright registration records online is free of cost, as you are not required to pay any amount to check the status.
Q4. What does "Sub-Judice" mean in copyright status?
Ans. “Sub-Judice” copyright status means that the dispute or copyright application is pending before a court. This happens when the matter is pending a decision by a competent court of law.
Q5. What does "Abandoned" mean in copyright status?
Ans. The meaning of “Abandoned” in copyright is that the application has stopped moving forward, and users often describe it as a rejection, which requires a fresh application and fees. It generally happens when an applicant avoids or misses a required response.
Q6. How long does copyright registration take in India?
Ans. There is no fixed timeline, as it takes several months to secure the copyright registration certificate if no objection is raised.
