When you create an original work and seek legal protection for it, understanding the status of your copyright application is crucial.
The article offers guidance on how to check the status of a copyright application and provides explanations for each status.
Whether you have recently submitted an application or are curious about the progress of an existing one, we will explore the various stages and terminology involved.
Stay informed and empowered as we delve into the world of copyright application status and ensure your creative works are safeguarded.
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Copyright Application Status
As far as we know, there are several stages to the copyright registration procedure.
Additionally, there may be instances where you must take a specific action, like when the copyright office issues a hearing notice or asks for a discrepancy letter.
If the required action is not taken within the designated time frame, your copyright application may be abandoned.
Procedure for Checking the Status of a Copyright Application
You can follow these easy procedures to find out a copyright application’s status:
Step 1: Visit the copyright portal.
Step 2: If you have submitted an online copyright application:
- Enter the Diary Number provided during the application process.
- Click on “View Status.”
Step 3: If you have filed the application through offline mode:
- Select the “offline” option.
- Enter the Class of Work relevant to your application.
- Enter the Title of the work.
- Click on “View Status.”
You can quickly check the progress of your application by adhering to these instructions.
To guarantee a simple and effective registration procedure, it’s critical to be updated about the status of your application.
Related Article: how to fill out a copyright form
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Types of Copyright Status
Work Awaited
When your application status shows “Work Awaited,” it means that the Copyright Office has not yet received copies of your work.
The submission of all required documents and copies is required within 30 days of the application date.
Please be aware that your application may be rejected if the necessary work copies are not submitted.
Make sure to submit the required materials within the allotted time to guarantee that your application is processed without any problems.
Waiting
This status occurs when your application is in the mandatory waiting period of thirty days.
During this phase of the copyright registration process, the Copyright Office reviews your application to check for any potential objections or issues.
It’s important to note that the “Waiting” status also indicates that the registration fee has been successfully processed.
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Formality Check Fail
The “Formality Check Fail” status is displayed when there are insufficient documents or work samples provided with your application.
It is required to address the concerns stated by the Copyright Office in order to resolve this problem.
Please note that failure to reply to the objection letter or to submit the required documents and work copies may result in the disqualification of your application.
It is crucial to take prompt action and address the objections to ensure the smooth processing of your copyright registration.
Abandoned
The status of “Abandoned” in the copyright diary indicates that the application has been deemed abandoned for one of two reasons:
- If the applicant fails to respond to a discrepancy letter from the copyright office,
- When a piece of work is not submitted to the registration even after copyright status is ‘formalities check fail’.
Scrutiny
During this stage, your copyright application undergoes a thorough examination by the Copyright Examiner.
The purpose of this scrutiny is to identify any lack of distinctiveness or incorrect details in your application.
Your work will be registered successfully if no problems are discovered.
It is important to note that the Registrar holds the authority for copyright registration.
If the Registrar is not satisfied with the submitted documents or discovers any errors, there is a possibility of disqualifying the application.
Discrepant
When the Copyright Examiner identifies an issue in the application, such as improper formatting or dissatisfaction with the submitted documents, a discrepancy letter is issued.
This letter serves as a notification to the applicant regarding the identified discrepancies.
To address the issues raised in the discrepancy letter, it is important for the applicant to provide a response.
This response should aim to clarify and rectify the concerns outlined by the Copyright Examiner.
Note: The discrepancy letter will be sent to the address listed in the applicant’s application.
Therefore, it is essential to ensure that the provided address is accurate and up-to-date to receive timely correspondence from the Copyright Office.
Re-Scrutiny
During this stage, your application undergoes a reassessment based on the reasons mentioned in the response letter provided by the Copyright Examiner.
In some cases, the examiner may call for a hearing to further evaluate the application or resolve any outstanding issues.
It is important to note that if the examiner remains unsatisfied with the provided information, there is a possibility of application rejection.
The hearing provides an opportunity for the applicant to present additional evidence and arguments to prove the uniqueness and originality of their work.
Pending for Hearing
The current copyright status indicates that the application is awaiting a hearing and a notice of hearing will be sent out shortly.
Hearing
The registrar has the option to request a hearing for further clarification or in the event of any doubts regarding the information provided in the application.
Sub-Judice
The copyright status remains valid, and a decision from the appropriate court is still pending.
Registered
This signifies that your application is registered. The RoC will be issued by the copyright office in the near future.
Tips on How to Check Copyright Status
Diary Number
When you submit your copyright application and pay the required fees online, the copyright office will issue a unique Diary Number.
This number consists of a five-digit serial number, the year of application, and the class of work.
The Diary Number serves as the application number for your copyright registration.
Class of Work
It is important to understand the different classes of works that exist for copyright protection.
These include literary works (L), sound recordings (SR), artistic works (A), musical works, cinematograph films, software (SW), and dramatic works.
Knowing the specific class of work relevant to your application will help in accurately assessing the status and progress of your copyright registration.
Conclusion
Tracking the status of your copyright application is crucial for ensuring the successful registration of your creative works.
By staying informed, responding to discrepancies, and providing the necessary documents within the specified timelines, you can increase your chances of securing copyright protection.
It is important to be proactive, engaged, and attentive throughout the application process to protect your intellectual property rights effectively.
Remember to adhere to the guidelines and address any concerns raised by the copyright examiner promptly.
By following these steps, you can navigate the application process smoothly and give your original creations the recognition and legal protection they deserve.
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FAQs
Why do I get copyright?
Copyright is a form of legal protection that grants authors, creators, and other owners of original works the exclusive right to control how their work is used.
Copyright law gives copyright holders the right to reproduce their work, create derivative works based on it, distribute copies of it, and publicly perform or display it.
It also grants them certain exclusive rights to prevent others from doing the same without their permission.
Does copyright expire in India?
In India, works are protected by copyright laws for the life of the author plus sixty years.
Copyright protection extends to literary, dramatic, musical and artistic works, sound recordings, films as well as computer software and databases.
After sixty years have elapsed from the death of the author, the work is considered to be in the public domain and may be copied freely without infringing on copyright laws.
What happens after copyright expires in India?
In India, copyright protection is granted for the lifetime of the author and continues for 60 years after their death.
Once a copyright expires, the work becomes part of the public domain and anyone may freely use or reproduce it without permission or payment.
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