Introduction

Securing a copyright registration is an important step for a creator to protect their original work, but the process isn't always straightforward. Applicants frequently face a Copyright Objection, which is an official challenge form the Copyright Office, or a third party that indicates stalling of the process.

The first step toward effective Copyright Registration is to understand why such objection arises. An objection means that the Registrar has found issues (for example, similarity to an existing work, procedural errors) that require clarification before your rights can be formally recognized. This blog will outline reasons for a Copyright Objection and how you can avoid them.

Why Objections Occur

Objection by Copyright Office: During the examination stage of your Copyright registration application, the Registrar inspects the work for compliance with the Copyright Act, 1957. The Registrar may issue an objection if the applicant’s work is evaluated to be a copy of a pre-existing work, does not meet the required originality or if there are discrepancies in the application documents. This is a usual part of the verification process.
Third-Party Objections: Once an application has been filed and a Diary Number is assigned, there will normally be a 30-day window wherein third parties may file a Copyright Objection. This tends to occur when an individual or entity states that they are the original creator of a similar work or that your work has infringed on their existing copyrighted material. A third-party challenge can halt your Copyright Registration process until the dispute is resolved.

Frequent Mistakes

Many objections can be avoided and such objections arise from the most common errors made during the application process. Being aware about these issues can greatly enhance your chances for smooth Copyright Registration.

Lack of Originality or Similarity: This is the most common reason for a Copyright Objection. If your work is substantially similar to something that is already in the public domain, or existing registration the Registrar may inquire about the originality of your work, and request an explanation. Copyright Registration is dependent on the originality of your creation.
Incorrect or Incomplete Application: Simple errors, such as leaving fields blank, providing incorrect information, or submitting an unsigned form can stimulate an immediate Copyright Objection. It is crucial to ensure that all aspects of the application form are filled put correctly.
Missing Documentation: The Copyright Office usually requests a No Objection Certification (NOC) if you are using work from other creators or if there are multiple authors involved. A common mistake that leads to delays is forgetting to attach these documents.
Wrong Classification: Another common mistake is putting your work under an incorrect category. For example, if you submit a software program that falls under the “literary work” category instead of "computer software," will result in an objection.

Prevention Tips

You can take some proactive measures to prevent a Copyright Objection before and during the filing of your Copyright Registration application.

Conduct a Thorough Search: Check the online databases and markets to make sure there is no identical or deceptively similar work prior to applying. That's one way to validate that your creation is original.
Prepare Complete and Accurate Documents: Review your application for any possible errors or omissions. Comprehensive submission requires the prior collection of all relevant documents, which may include NOCs and affidavits.
Assert Your Ownership Clearly: Provide an explicit declaration of authorship. If you are working on a derivative, you should state the original source and also confirm that you have the permission required for its use. This will substantiate your Copyright Registration claim.

Lawfinity’s Objection Management Service

Dealing with a Copyright Objection can be intimidating, but you have to handle it alone. At Lawfinity, we manage the objection process from start to finish. Our experts will review the notice of objection, draft a compelling and legally sound reply, and compile all the necessary evidence to support your claim. Lawfinity will ensure that all evidence is submitted on time to avoid automatic rejection of your application and to put your Copyright Registration on course.