The Copyright (Amendment) Rules, 2021

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Copyright comes with a bundle of rights in India. Even though the registration of Copyright isn't mandatory, it serves as a proof of ownership and/or prima facie evidence before the Court of law during enforcement of such Copyright. 

Lot many changes (pleasant changes) in functioning of Copyright registry have been observed in past five years. Digitization of records and process has been on top of all changes. 

The Government of India has recently released the Copyright (Amendment) Rules, 2021 on 30th March 2021. The primary objective of such an amendment is to bring the existing rules in parity with other relevant legislations and at par with technological advancements.


Sharing only relevant highlights of the amendment and its effects as below:-

1. Changes concerning the filing of applications for registration of Software Program Copyright:

Earlier the Copyright Rules mandated submission of the entire Source Code and Object Code while filing an application for registration of a Software Program. This requirement has been largely reduced by the Amended Rules which now prescribe the submission of “at least first 10 and last 10 pages of source code, or the entire source code if less than 20 pages, with no blocked out or redacted portions”.

The objective of such Amendment is to reduce the compliance by the Applicant and ensure confidentiality of a Software Programme. This is really a good news for software developers who want intellectual property protection for their programs but don't want to reveal the whole thing too. 

- Postal Orders will no longer be the mode of payment.

- Any document, where a fee is payable, is filed without the applicable fee, or with insufficient fee, it shall be deemed not to have been filed.


2. Electronic mode of communication:

- Electronic mode of communication has been made the primary mode of communication to ensure smooth work environment and expedited compliances. Well this is an excellent move as it would reduce lot of burden on Applicant with regard to printing the compliance documents and sending it to Copyright Office. It would have positive environmental impact too. 

- Copyright Journal has replaced the process of publication of notifications in the Official Gazette. Such Journal will be available on the website of the Copyright Office.


~until next time~

Cheers to good times! 

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