Introduction
The Copyright Act of 1957 gives trademark owners the protection they need to exploit their exclusive rights. Those rights may be utilized by the owner or any person who has been properly granted a license by the copyright owner. A copyright registration safeguards an individual's creative output. The only disadvantage is that the concepts are not protected.
What Does Copyright Registration Mean?
The insertion of the work in the copyright register kept by the registrar of copyrights under the Copyright Act of 1957 is referred to as the registration of copyright. It is not necessary to register a trademark, nevertheless. Therefore, it is advised that you register your trademark so you'll be able to utilize the registration as proof if a legal dispute based on your innovation occurs. Also, registration protects your work from being plagiarised.
Is Copyright Registration Required in India?
This has been a lot of misunderstanding about whether or not copyright registration is required. The lessons from numerous court rulings are as follows:
In Dhiraj Dharmadas Dewani vs. Sonal Info Systems Pvt Ltd., the Bombay High Court ruled that to pursue any civil or criminal action under the Copyright Act, an owner must first register their copyright. To contest a copyright infringement, it has to be registered with the copyright office, in other words.
The court made it clear that copyright protection does not require registration because it is automatically provided once the work is completed.
In the instance of an unregistered copyrighted work, the law holds that ownership belongs to the individual alleging to be the original owner. In the event of a disagreement, the burden of proof rests with the party challenging the claimant's ownership. Because of this, copyright appears to be a significant form of IPR that a poet or a rural craftsman may benefit from.
Registered copyrights have fewer possibilities of being violated than unregistered ones, even though there is a potential that they can be sold, duplicated, or performed.
However, it is advised to register the copyright in the case of software because it can be difficult to establish ownership in such circumstances.
The Bombay High Court emphasized that the registration of copyright is not necessary for enforcement by looking at numerous rulings, the TRIPS Agreement, and the Berne Convention.
Why Should You Register Your Creative Rights?
The purpose of registering is to establish a person's ownership of the original work and their only right to it. Having your copyright registered makes it easier to protect your works from being copied or duplicated by others. Also, when the work is not registered, the risk of copying rises, which results in the following restrictions:
Infringement lawsuit:
If your copyright is not registered, you cannot initiate a lawsuit for infringement. According to the Copyrights Act, registering your copyright is a requirement. It is prima facie proof that the work is original. Hence, you must have your copyright registered with the Copyrights Office to bring such a lawsuit. If you own a registered copyright, it is simpler to obtain a loan based on the work.
Without registering the work, you cannot prevent copyright infringement.
Damages Sought After:
In the instance of an unregistered trademark, the owner of the copyright is only entitled to compensation for real loss and the amount earned by the user of the work. However, in the situation of a registered trademark, the copyright holder is also entitled to the attorney's fees in addition to the statutory damages. Hence, the recognized copyright holder saves a sizable sum of money.
The Court's words:
In a few instances, certain courts have ruled that copyright registration is relevant for the sake of enforcement. The majority of Indian courts, however, have ruled that copyright registration is not required and is only optional. But these divergent conclusions cloud this important matter with ambiguity and confusion. Yet with this ruling, Judge G.S. Patel has eliminated any doubt in this matter.
Although copyright registration is not required in India, it is advised to do so to avoid going through legal processes should the issue of ownership arise. The most crucial factor is a person's originality, which must be safeguarded. If the invention is better protected, the creative mind will function more effectively.
Who Has the Legal Right to File a Copyright Application?
The following applications for copyright filing are legitimate under the Act:
1. The Author
A work's author is someone who if the work was produced while the author was employed, the employer has created it or has participated in its creation. A contract like this is referred to as "work created for hire." or Has been legally permitted to obtain a copyright for their work.
2. The first proprietor
The Copyright Act grants an individual the sole authority to use, manage, and disseminate his creative works. Several of the special performing rights granted to the author of the original work under copyright law include the ability to produce copies of the work, perform it publicly, share it with the public, and create variants or adaptations of the original work. To legally claim their work, the owner of the original work may submit a copyright application in India.
3. A designated agent
An authorized agent may also submit a request for copyright registration on behalf of:
The creator of the original work, or its owner.
Or.
The one asserting copyright.
Advantage of copyright registration a public ownership record:
1. Once your copyright is registered,
It is publicized and searchable for the general public. This gives the owner the freedom to freely demonstrate his ownership in a public setting. This benefits the owner because no one can dispute the control of the author over his work or claim ignorance of the author and his work. The proprietor gains credibility and a solid reputation for his work as well.
2. Ownership Assumption
After the work is published, the owner has five years to assert ownership. As was already indicated, registration acts as a strong indicator of ownership and legality. If someone tries to violate the owner's rights, they can issue an order to stop them with the presumption of ownership.
3. Making a Statement Among Others
As we all know, there is fierce competition everywhere today, so you must stand out from the crowd. By protecting your work as copyright, you can increase its credibility and make it unreachable to rivals, eliminating some rivalry and boosting your revenues.
Conclusion
The purpose of copyrights is to defend original authors and artists. Any work with a physical manifestation is eligible for copyright protection. Hence, no idea or concept is protected by copyright. A work automatically qualifies for protection under the Copyright Act literary work as soon as it is made available in a physical form. There has, however, occasionally been disagreement over whether copyright registration is required or not. Although there have been occasional decisions to the contrary, the majority of court proceedings in India have ruled that copyright registration is not required.
eStartIndia will help you with Copyright Registration from the comfort of your home.
Get a free consultation for Copyright Registration with Our Top Rated Experts with simple Registration.
Author:
Leave a Comment
Previous Comments