What Are The Grounds That Result in Rejection of a Copyright Application?

'Written by Leezer Kaur, a student.

Introduction

A copyright is the right to reproduce or use the work of the creator. The creator of a product or idea has to register his work in a copyright office so that no third party can use his work. It mainly protects the work of the person. To get one’s work registered, there is a need to file an application which could be called a copyright application. This ensures that the protection of the work of the person will be provided, and if someone infringes these rights, then action will be taken against such person. The process to obtain a copyright includes the following steps:

1. The person with unique work applies along with the prescribed fees to the appropriate authority.

2. Then, a diary number is issued to the person.

3. A period of 30 days is there in which any objection regarding the copyright could be raised.

4. The application is accepted and scrutinized, and if no discrepancy is found, then the registrar approves the application.

5. Then a certificate of registration is issued.

6. If any application is objected to, then the registrar sends a letter to both parties and asks for a reply.

7. If the objections are found true, then the application may be rejected.

Why choose to get copyrighted works registered?

There are many advantages associated with the registration of a work as a copyright for a person and that is why people get their works registered by filing a copyright application. The following are the advantages associated with it:

1. Protects the work from being used by any third party without the permission of the owner.

2. Claims a person regarding the copyright known to the public at large.

3. It becomes searchable and warns people from accidentally or innocently infringing the copyright of a person.

4. Acts as valid proof of the registration of a copyright.

5. Allows the creator to recover damages in case of infringement of the copyright.

6. It also protects from the import of infringing goods.

Infringement of Copyright

Infringement of copyright refers to a condition whereby a person uses the registered copyrighted work of an individual without any license or prior permission. Copyright is provided to the owner to protect his work, but when it is infringed by someone, then the owner can claim civil or criminal remedy. He may also for administrative action whereby he may ask the Registrar of Copyrights office to ban the importation or delivery of the infringing copies. At the international level, we have an organization by the name of The World Intellectual Property Organization (WIPO) dealing with the protection of copyright from infringement, mainly in cyberspace.

Grounds for Rejection of Copyright Application

The copyright application may not be accepted or approved by the authorities in the following cases:

1. Incomplete details or not providing the requisite details.

2. Failure to pay the required registration fees.

3. The applicant is not authorized to apply for the registration of the copyright.

4. The work lacks human authorship.

5. The work is not present in a tangible form.

6. It is not covered under the scope of the Copyright Act or the act under which it is being applied to get it registered.

7. It is not the original work or idea.

8. It lacks the required amount of creativity.

9. It is a work in the public domain.

10. The work has crossed a certain limitation of time under which it was supposed to be registered.

11. If the applicant is a foreigner, then he may not be eligible to register in a country.

12. The work has already been registered by some other person beforehand.

Conclusion

A copyright is the right of a person to reproduce or use a piece of work or idea, etc. To prevent any third party from using this work, an application is supposed to be filed for the registration of the copyright. This ensures the protection of the work under the law. However, there may be instances where the copyright applications may be rejected by the authorities from being registered. This may result if the applicant is not eligible to apply, if the details provided are not correct or are inadequate, if the requisite fee is not paid, if the work is not original, or if it is not in tangible form, etc.

References

1. ‘What are the grounds for copyright registration denial?’, available at: https://revisionlegal.com/copyright/copyrights/registration-denial/#:~:text=Application%20deficiencies%20(incomplete%2C%20wrong%20applicant,better%20suited%20for%20patent%20protection).

2. ‘How to avoid rejection: Trademark/ Copyright?’, available at: https://contributor.freepik.com/blog/rejection-reason-trademark/.

3. ‘Copyright’, available at: https://en.wikipedia.org/wiki/Copyright.