Intellectual Property Rights

INTELLECTUAL PROPERTY RIGHT

Introduction Intellectual Property Rights (IPRs) have been defined as ideas, inventions and creative expressions on which there is a public willingness to bestow the status of property (David 1993). IPRs provide certain exclusive rights to the creators of IP, in order to enable them to reap commercial benefits from their creative efforts or reputation. The purpose of IPR legislation is to protect against unauthorized imitation, copying or deceptive usage of identifying marks. Intellectual property means the property represented by the product emanating from creativity of the human mind, human intellect and creative ideas. It can be an invention, original design practical application of a new idea, artistic creation etc. The intellectual property is an asset and such it can be bought, sold, managed, licensed, exchanged or gratuitously given away like any other form of the property. Further by acquiring a legal right over the property, the creator of the IP seeks to ensure that he has exclusive right over it and the property can be put to use by others only with his consent. Besides ownership of intellectual property right is the legal recognition and reward you receive for your creative efforts, source of national wealth and mark of an economic leadership in the context of global market scenario. India showed signs of resistance to quick enforcement of international intellectual property right (IPR) protection laws as demanded by the

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developed countries, particularly the US. Under the terms of the WTO, India is required to implement WTO-standard IPR protection laws by 2005. It must be acknowledged that there has been remarkable progress in IPR protection the field of software and cinema products. Indian officials have pledged to introduce another bill in parliament which, if passed, will put India in compliance with its TRIPS obligations. The bottom-line is that India considers itself a responsible member of the WTO which suggests that international class IPR protection should be in place by 2005. Besides, given India's determination to emerge as a power in the global software industry, it is most likely that all IPR protection laws will be instituted and enforced by 2005. Note that Bill Gates, the chief executive officer of Microsoft Corporation, has distinguished India as a most promising base for software development. If such an IPR-conscious business leader like Gates is of this opinion, one can only conclude that India's IPR scene is no deterrent to foreign companies. INTELLECTUAL PROPERTY IN EVERYDAY LIFE Intellectual property surrounds us in nearly everything we do. At home, at school, at work. At rest and at play. No matter what we do, we are surrounded by the fruits of human creativity and invention. Taken this concept and created a virtual tour of IP in everyday life. Based on an exhibition called At Home with Invention, the tour provides a

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broad, interactive excursion into the various areas of intellectual property in a familiar setting. Take a few minutes to find out how we are all . . .

Legislations on Intellectual Property Rights: The following legislation on Intellectual property Rights are in force in India: 1. The patents act, 1970 as amended by the Patents act2005[Effective from 1-1-2005] along with the Patents Rules as amended by patents(amendment) rules 2006 2. The designs act,2000 along with the designs rules 2001 3. The trade marks act,1999 along with the trademarks rules,2002 4. The Geographical indications of Goods (registration and protection) Act 1999 and The Geographical indications of Goods (registration and protection) rules, 2002

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As laws governing the grant of all these Intellectual properties vary from country to country, there are global efforts to harmonize IP laws and procedures to establish minimum standard for IP protection. These efforts are reflected in the international treaties and conventions, like Paris cooperation treaty and TRIPS, which have been ratified by most of the countries.

Need for the Intellectual Property Rights Any property has to be protected in order to save it inform an unauthorized use. Similarly the intellectual Property rights also need to be protected from infringement. •

IPRs relates to new ideas, new technologies, new product and evolution of knowledge-based industrial environment, IPRs are key elements for gaining competitive edge of the industry and ascertaining the desired success and preserving exclusive markets.

•

The cost of R&D to develop new products and new processes is rising sharply and hence there is a need to increase and accelerate the extent of production of IPRs to get reasonable return on investment and reduce the risk and uncertainty.

• IPR protection provides an incentive to inventors for further research and investment in R&D which leads to creation of new and better

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products and, in turn, brings about economic growth and social benefits. • IPRs are emerging as a new wealth and power of nations. IPRs through propagation of new knowledge and ideas lead to creation of new and better products and bring about industrial, economic and social development of the country.

TYPES OF INTELLECTUAL PROPERTY RIGHTS Intellectual Property Rights can be broadly divided in to two categories Industrial property - Patent - Trademark - Industrial design - Geographical indication of source Copyrights - Broad carry of literature

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Artistic work remaining from news paper articles to novels, From drawing to painting to architectural work, from music to dance, from photography to film as well as artistic performance.

PATENTS What is a Patent? A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. In order to be patentable, the invention must fulfill certain conditions. A patent provides protection for the invention to the owner of the patent. The protection is granted for a limited period, generally 20 years. Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent. These patent rights are usually enforced in a court, which, in most systems, holds the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party.

Need for the Patent system:

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• Patent system encourages an inventor to disclose his inventions instead of keeping it secret and provides a reasonable assurance of working and commercialization of the invention. • Patent system gives legal protection to patentee, enabling him to enjoy the right without any fear of copying, and raise the capital required for working his invention on a commercial scale. • The industries or R&D centers can make use of the technology disclosed in the patent literature as stepping stone, avoiding thereby the redundant research. • It provides an inducement to invest capital in the new lines of production and in joint ventures and, thus, provides immense help for development and upgradation of technology and acts as a stimulant for economic growth. • One may get a good return on investment made in R&D through Patent Right. • It helps for taking up scientific exploration into the exploration into the unexplored and uncovered areas • The vast quantum of patent literature offers an ocean of scientific and technological knowledge and information for the use of public. A patented invention becomes available to public for free use when it ceases to be in effect.

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• Patent acts as a tradable industrial asset for an enterprise. A strong patent portfolio of the company is an indication of its good economic health. It encourages R&D activities by becoming a “tool” for technology transfer.

PATENT RIGHTS- FEATURES • Patent enunciates a contact between an inventor/applicant and the government. A patent is an exclusive rights granted by Government to the applicant or his assignee, for his disclosed invention of industrial invention of industrial product or process which should be new , non obvious, useful and patentable as per the patentability criteria laid down in the national law. • Patent right is granted for a limited period. It gives territorial right and can be enforced to only in the country where it has been granted. • The patent right enables the inventor to derive material benefit , to which he is entitled, as a reward for his intellectual efforts and compensation

for

expenses

incurred

for

in

research

and

experimentation relating to his invention. • Patent right gives protection against infringements and creates possibility of assigning or licensing of the right and enables the patentee to take legal action against any person who is exploiting the

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patented invention without consent or license from the patentee a patentee. • The grant of patent right by the government does not mean that the government itself would automatically enforce the patent rigtht. It is up to the owner to bring an action, usually under civil law, for any infringement of his patent right.

Inventions which are not patentable: • An invention which is frivolous or claims anything obviously contrary to well established natural laws. • An invention the primary or intended use or commercial of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment. • A substance obtained by a mere admixture resulting only in the aggregation of properties of the components thereof or a process for producing such substance • The mere arrangement or duplication of known devices each functioning independently of one another in a known way.

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• A method of agriculture or horticulture. • Plants and animals in whole or any part thereof other than microorganisms, but including seeds varieties and species and essentially biological processes for production or propagation of plants and animal. • A computer programme per se other than its technical application to industry or a combination with hardware. • A presentation of information topography, of integrated circuits • An invention which in effect is traditional knowledge is an aggregation or duplication of known properties of traditionally components.

PATENTING PROCEDURES

HOW TO APPLY FOR PATENT • Any person who is true and first inventor or his assignee or legal representative is entitled to apply for a patent either alone or jointly with other person to protect his invention through patent right.

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• The applicant has to ensure that the application for patent relates to single invention connected by the common technical effect. •

The prescribed forms for applying for patent is as below REGISTRATION FORM FOR PATENTS IN INDIA Name of the Applicant Age S/o. Residing at Postal Address PIN/ZIP Ph.Nos, Office, Residence/ Mobile E-mail District State Nationality Specification in English, with drawings, if any.

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Power of attorney duly signed by the applicant.

WHO CAN APPLY FOR PATENT? a)

For ordinary patent:-

Any person, whether a citizen of India, or

not claiming to be the true and first inventor or his assignee or legal representative, either alone or jointly with any other . b) For patent of addition:- the application of original patent to which the invention is an addition can only file a patent of addition. c) For convention application:-

any person who is applicant in a

convention country or his assignee. d) Application under PTC :-

an applicant for international application

under PTC DOCUMENTS NECESSARY FOR FILLING PATENT APPLICATION 1. Application in prescribed form in duplicate with prescribed fees. 2. Provisional or complete specification along with drawing, if any, in duplicate 3. Abstract of invention in duplicate

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4. A statement and understanding regarding foreign filing under section 8 of the act 5. In case, provisional specification is filed first or application is a convention application then a declaration as to inventorship in the prescribed form, to be filed along with complete specification 6. In case of convention application, a certified copy of specification filed earlier by the applicant in the convention country is required to be submitted 7. A duly stamped power of attorney is required in case the application is filed through a patent attorney TRADEMARKS

What is a trademark? A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. Its origin dates back to ancient times, when craftsmen reproduced their signatures, or "marks" on their artistic or utilitarian products. Over the years these marks evolved into today's system of trademark registration and protection. The system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs.

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What does a trademark do? A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. The period of protection varies, but a trademark can be renewed indefinitely beyond the time limit on payment of additional fees. Trademark protection is enforced by the courts, which in most systems have the authority to block trademark infringement. In a larger sense, trademarks promote initiative and enterprise worldwide by rewarding the owners of trademarks with recognition and financial profit. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services. The system enables people with skill and enterprise to produce and market goods and services in the fairest possible conditions, thereby facilitating international trade.

What kinds of trademarks can be registered? The possibilities are almost limitless. Trademarks may be one or a combination of words, letters, and numerals. They may consist of drawings, symbols, three- dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colors used as distinguishing features. In addition to trademarks identifying the commercial source of goods or services, several other categories of marks exist. Collective marks are

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owned by an association whose members use them to identify themselves with a level of quality and other requirements set by the association. Examples of such associations would be those representing accountants, engineers, or architects. Certification marks are given for compliance with defined standards, but are not confined to any membership. They may be granted to anyone who can certify that the products involved meet certain established standards. The internationally accepted "ISO 9000" quality standards are an example of such widelyrecognized certifications.

How is a trademark registered? First, an application for registration of a trademark must be filed with the appropriate national or regional trademark office. The application must contain a clear reproduction of the sign filed for registration, including any colors, forms, or three-dimensional features. The application must also contain a list of goods or services to which the sign would apply. The sign must fulfill certain conditions in order to be protected as a trademark or other type of mark. It must be distinctive, so that consumers can distinguish it as identifying a particular product, as well as from other trademarks identifying other products. It must neither mislead nor deceive customers or violate public order or morality. Finally, the rights applied for cannot be the same as, or similar to, rights already granted to another trademark owner. This may be

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determined through search and examination by the national office, or by the opposition of third parties who claim similar or identical rights.

How extensive is trademark protection? Almost all countries in the world register and protect trademarks. Each national or regional office maintains a Register of Trademarks which contains full application information on all registrations and renewals, facilitating examination, search, and potential opposition by third parties. The effects of such a registration are, however, limited to the country (or, in the case of a regional registration, countries) concerned. In order to avoid the need to register separately with each national or regional office, WIPO administers a system of international registration of marks. This system is governed by two treaties, the Madrid Agreement Concerning the International Registration of Marks and the Madrid Protocol. A person who has a link (through nationality, domicile or establishment) with a country party to one or both of these treaties may, on the basis of a registration or application with the trademark office of that country, obtain an international registration having effect in some or all of the other countries of the Madrid Union. At present, more than 60 countries are party to one or both of the agreements.

INDUSTRIAL DESIGNS

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What is an industrial design? An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from house wares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods. To be protected under most national laws, an industrial design must appeal to the eye. This means that an industrial design is primarily of an aesthetic nature, and does not protect any technical features of the article to which it is applied Why protect industrial designs? Industrial designs are what make an article attractive and appealing; hence, they add to the commercial value of a product and increase its marketability. When an industrial design is protected, the owner - the person or entity that has registered the design - is assured an exclusive right against unauthorized copying or imitation of the design by third parties. This helps to ensure a fair return on investment. An effective system of protection also

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benefits consumers and the public at large, by promoting fair competition and honest trade practices, encouraging creativity, and promoting more aesthetically attractive products. Protecting industrial designs helps economic development, by encouraging creativity in the industrial and manufacturing sectors, as well as in traditional arts and crafts. They contribute to the expansion of commercial activities and the export of national products. Industrial designs can be relatively simple and inexpensive to develop and protect. They are reasonably accessible to small and medium-sized enterprises as well as to individual artists and craftsmen, in both industrialized and developing countries. How can industrial designs be protected? In most countries, an industrial design must be registered in order to be protected under industrial design law. As a general rule, to be registrable, the design must be "new" or " original". Different countries have varying definitions of such terms, as well as variations in the registration process itself. Generally, "new" means that no identical or very similar design is known to have existed before. Once a design is registered, a registration certificate is issued. Following that, the term of protection is generally five years, with the possibility of further periods of renewal up to, in most cases, 15 years.

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Depending on the particular national law and the kind of design, an industrial design may also be protected as a work of art under copyright law. In some countries, industrial design and copyright protection can exist concurrently. In other countries, they are mutually exclusive: once the owner chooses one kind of protection, he can no longer invoke the other. Under certain circumstances an industrial design may also be protectable under unfair competition law, although the conditions of protection and the rights and remedies ensured can be significantly different. How extensive is industrial design protection? Generally, industrial design protection is limited to the country in which protection is granted. Under the Hague Agreement Concerning the International Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an international registration is offered. An applicant can file a single international deposit either with WIPO or the national office of a country which is party to the treaty. The design will then be protected in as many member countries of the treaty as the applicant wishes.

GEOGRAPHICAL INDICATIONS What is a geographical indication? A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to

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that place of origin. Most commonly, a geographical indication consists of the name of the place of origin of the goods. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil. Whether a sign functions as a geographical indication is a matter of national law and consumer perception. Geographical indications may be used for a wide variety of agricultural products, such as, for example, "Tuscany" for olive oil produced in a specific area of Italy (protected, for example, in Italy by Law No. 169 of February 5, 1992), or "Roquefort" for cheese produced in France (protected, for example, in the European Union under Regulation (EC) No. 2081/92 and in the United States under US Certification Registration Mark No. 571.798). What does a geographical indication do? A geographical indication points to a specific place or region of production that determines the characteristic qualities of the product that originates therein. It is important that the product derives its qualities and reputation from that place. Since those qualities depend on the place of production, a specific "link" exists between the products and their original place of production. Why do geographical indications need protection? Geographical indications are understood by consumers to denote the origin and the quality of products. Many of them have acquired valuable reputations which, if not adequately protected, may be misrepresented by

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dishonest commercial operators. False use of geographical indications by unauthorized parties is detrimental to consumers and legitimate producers. The former are deceived and led into believing to buy a genuine product with specific qualities and characteristics, while they in fact get a worthless imitation. The latter suffer damage because valuable business is taken away from them and the established reputation for their products is damaged. Difference between a geographical indication and a trademark? A trademark is a sign used by an enterprise to distinguish its goods and services from those of other enterprises. It gives its owner the right to exclude others from using the trademark. A geographical indication tells consumers that a product is produced in a certain place and has certain characteristics that are due to that place of production. It may be used by all producers who make their products in the place designated by a geographical indication and whose products share typical qualities. How is a geographical indication protected? Geographical indications are protected in accordance with national laws and under a wide range of concepts, such as laws against unfair competition, consumer protection laws, laws for the protection of certification marks or special laws for the protection of geographical indications or appellations of origin. In essence, unauthorized parties may not use geographical indications if such use is likely to mislead the public as to the true origin of the product. Applicable sanctions range from court

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injunctions preventing the unauthorized use to the payment of damages and fines or, in serious cases, imprisonment. How are geographical indications protected on the international level? A number of treaties administered by the World Intellectual Property Organization (WIPO) provide for the protection of geographical indications, most notably the Paris Convention for the Protection of Industrial Property of 1883, and the Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration. In addition, Articles 22 to 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) deal with the international protection of geographical indications within the framwork of the World Trade Organization (WTO). What is a "generic" geographical indication? If a geographical term is used as the designation of a kind of product, rather than an indication of the place of origin of that product, this term does no longer function as a geographical indication. Where that has occurred in a certain country over a substantial period of time, that country may recognize that consumers have come to understand a geographical term that once stood for the origin of the product - for example, "Dijon Mustard," a style of mustard originally from the French town of Dijon - to denote now a certain kind of mustard, regardless of its place of production.

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What is WIPO's role in protection geographical indications? WIPO is in charge of the administration of a number of international agreements which deal partly or entirely with the protection of geographical indications (see, in particular, the Paris Convention for the Protection of Industrial Property, and the Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration). Furthermore, through the work of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications, made up of representatives of member States and interested organizations, WIPO explores new ways of enhancing the international protection of geographical indications. COPYRIGHT What Is Copyright Copyright is an exclusive right to make and dispose of copies of a literary, musical, or artistic work. or Copyright is a form of protection provided by the laws to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following: •

To reproduce the work in copies or phonorecords;

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To prepare derivative works based upon the work;

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To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

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To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;

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To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and

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In the case of sound recordings*, to perform the work publicly by means of a digital audio transmission.

In addition, certain authors of works of visual art have the rights of attribution and integrity It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Copyright Act establishes limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of “fair use,” which is given a statutory basis in Copyright Act. In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.

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Who Can Claim Copyright? Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright. In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a “work made for hire” as: 1. a work prepared by an employee within the scope of his or her employment; or 2. a work specially ordered or commissioned for use as: • a contribution to a collective work • a part of a motion picture or other audiovisual work • a translation • a supplementary work • a compilation • an instructional text • a test • answer material for a test • an atlas

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if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary. Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution. Two General Principles •

Mere ownership of a book, manuscript, painting, or any other copy or phonorecords does not give the possessor the copyright. The law provides that transfer of ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright.

•

Minors may claim copyright, but state laws may regulate the business dealings involving copyrights owned by minors. For information on relevant state laws, consult an attorney.

Copyright and National Origin of the Work Copyright protection is available for all unpublished works, regardless of the nationality or domicile of the author. Published works are eligible for copyright protection in the United States if any one of the following conditions is met: •

On the date of first publication, one or more of the authors is a national or domiciliary of the United States, or is a national,

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domiciliary, or sovereign authority of a treaty party,* or is a stateless person wherever that person may be domiciled; or •

The work is first published in the United States or in a foreign nation that, on the date of first publication, is a treaty party. For purposes of this condition, a work that is published in the United States or a treaty party within 30 days after publication in a foreign nation that is not a treaty party shall be considered to be first published in the United States or such treaty party, as the case may be; or

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The work is a sound recording that was first fixed in a treaty party; or

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The work is a pictorial, graphic, or sculptural work that is incorporated in a building or other structure, or an architectural work that is embodied in a building and the building or structure is located in the United States or a treaty party; or

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The work is first published by the United Nations or any of its specialized agencies, or by the Organization of American States; or

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The work is a foreign work that was in the public domain in the United States prior to 1996 and its copyright was restored under the Uruguay Round Agreements Act (URAA). Request Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA-GATT), for further information.

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The work comes within the scope of a Presidential proclamation.

What Works Are Protected? Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as

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it may be communicated with the aid of a machine or device. Copyrightable works include the following categories: 1. literary works; 2. musical works, including any accompanying words 3. dramatic works, including any accompanying music 4. pantomimes and choreographic works 5. pictorial, graphic, and sculptural works 6. motion pictures and other audiovisual works 7. sound recordings 8. architectural works These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”; maps and architectural plans may be registered as “pictorial, graphic, and sculptural works.”

What Is Not Protected by Copyright? Several categories of material are generally not eligible for federal copyright protection. These include among others: •

Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)

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Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents

•

Ideas,

procedures,

principles,

methods,

discoveries,

or

systems,

devices,

as

processes, distinguished

concepts, from

a

description, explanation, or illustration •

Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

Copyright Registration In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following: •

Registration establishes a public record of the copyright claim.

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Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin.

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If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.

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If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.

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Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies. Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired.

Registration Procedures Original Registration To register a work, send the following three elements in the same envelope : 1. A properly completed application form. 2.

A nonrefundable filing fee* for each application.

3.

A nonreturnable deposit of the work being registered. The deposit requirements vary in particular situations. The general requirements follow.

Also

Requirements.”

note

the

information

under

“Special

Deposit

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If the work was first published in the United States on or after January 1, 1978, two complete copies or phonorecords of the best edition.

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If the work was first published in the United States before January 1, 1978, two complete copies or phonorecords of the work as first published.

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If the work was first published outside the United States, one complete copy or phonorecords of the work as first published.

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If sending multiple works, all applications, deposits, and fees should be sent in the same package. If possible, applications should be attached to the appropriate deposit. Whenever possible, number each package (e.g., 1 of 3, 2 of 4) to facilitate processing.

Who May File an Application Form? The following persons are legally entitled to submit an application form: •

The author. This is the person who actually created the work or, if the work was made for hire, the employer or other person for whom the work was prepared.

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The copyright claimant. The copyright claimant is defined in Copyright Office regulations as either the author of the work or a person or organization that has obtained ownership of all the rights under the copyright initially belonging to the author. This category includes a

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person or organization who has obtained by contract the right to claim legal title to the copyright in an application for copyright registration. •

The owner of exclusive right(s). Under the law, any of the exclusive rights that make up a copyright and any subdivision of them can be transferred and owned separately, even though the transfer may be limited in time or place of effect. The term “copyright owner” with respect to any one of the exclusive rights contained in a copyright refers to the owner of that particular right. Any owner of an exclusive right may apply for registration of a claim in the work.

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The duly authorized agent of such author, other copyright claimant, or owner of exclusive right(s). Any person authorized to act on behalf of the author, other copyright claimant, or owner of exclusive rights may apply for registration.

There is no requirement that applications be prepared or filed by an attorney.

REFERENCE

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