Understanding the necessity of copyright registration will be easier if you have a good understanding of the subject. But since everyone does not have the time to become well-versed on the subject, here is an abridged version of everything you need to know.
Advantages of Copyright Registration in India: A copyright is a set of rights that protects your creative work from being used without your consent by others. If someone utilises your registered copyrighted work, you are entitled to statutory damages from the court. Read more to know all the advantages of copyright registration in india.
Categories of Copyright
- Literary works other than computer programs
- Musical works
- Artistic works
- Cinematography films
- Sound recording
- Computer programs, tables, & compilations
The general rule is that copyrights are valid for a period of 60 years. In the case of original literary, dramatic, musical and artistic works, the 60-year period begins the year after the creator’s death.
The owner of an exclusive right to an automatically copyrighted work can also register the work with the Copyright Literary Work Office through the copyright registration method. This step is voluntary and can be done at any time while the work is still protected under the copyright term. Similarly, both published and unpublished works can be registered for copyright.
Although Registration of Copyright is not strictly required to establish exclusive rights over creative work, it does provide the copyright owner with legal protection that outweighs the expense and time involved in obtaining it.
Advantages of Copyright Registration
Below given are the advantages of Copyright:
1. Filing a Lawsuit for Copyright Infringement
The certificate of registration serves as prima facie evidence that creative work is original and owned by the registrant of the copyrighted work. This document is very vital and essential if the copyright owner wants to get a preliminary injunction against a copyright infringer.
Copyright registration is extremely essential if you want to protect your work from unauthorized use. You will need to gather extensive proof before blaming an imitator in court if your work does not have a copyright registration.
Moreover, copyright registration is a precondition for bringing a copyright infringement lawsuit. If the work has not been formally registered, the copyright owner cannot easily proceed with copyright violation litigation. As both parties can claim that they created the work first.
The same was held in the case of Dhiraj Dharamdas Dewani v. M/s Sonal Info Systems Pvt Ltd, where the court held that – If registration is not made and published in the official gazette, an infringer cannot be expected to be aware, nor can he be attributed knowledge about the ownership of a particular copyright owner’s exclusive right over the work, and the criminal code would not be liable to convict such a person.
Similarly, a reading of Section 64 regarding the power of police to seize copies of original work without authorization clearly illustrates that the police officer must be satisfied that a specific person (complainant) is the owner of the copyright, and he will be so satisfied when such Copyright in Sound Recording is registered.
2. Notifying the Public About the Ownership
Ownership is frequently at stake in copyright disputes. Even if an alleged infringer does not claim to be the creator, the copyright owner must prove that he is, in fact, the legitimate owner of the copyrights in order to prevail on a copyright infringement claim.
Copyright registration creates a public record of copyright ownership. A public record demonstrating a claim to a creative work will go a long way toward proving original ownership if such ownership is challenged in the future.
The record of registration may also be useful if a would-be infringer is considering using the content without permission and fraudulently planning on obtaining a copyright registration for himself.
3. Legal Proof of Ownership and Possession
The most important benefit of copyright registration is the ability to notify the public that the work belongs to an individual. The second most important benefit is the legal legitimacy it thereafter provides from a legal perspective.
If an unauthorized third party reworks or distributes copyrighted work, copyright registration will protect the original owner. Registration also helps to eliminate the possibility of infringements because it becomes explicitly clear that the general public does not have the right to share or rework any copyrighted work.
Additionally, if the copyright holder can merely demonstrate that the infringing party had access to the original content and that their works are similar, the former is still supported by the law under the Copyright Act without the hassle of documenting extensive proof.
Other Important Advantages of Copyright in India
- A registered copyright is required to register an intellectual property right with the Customs Office in order to prevent the import of unauthorized work
- Copyright owners can easily sell, license, transmit, rework or pass on the rights of the work to other persons when they have copyright ownership
- Most importantly, a Copyright Public Performance owner is not required to pursue an infringer by filing a case in the location of the infringer or where the infringing activity is taking place. The Copyright Act establishes a special jurisdiction for filing a suit for infringement against an infringer at the location of the copyright owner’s: https://copyright.gov.in/ registered office.
Conclusion:-
Copyrighting can be a breeze, with the help of Vakilsearch. Hope this blog regarding Advantages of Copyright Registration in India was helpful. There are various tedious intricacies involved in the registration process. Genuine guidance from the experts at Vakilsearch can help you get your original work copyrighted in no time. Talk to our experts today!
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