Copyrights encourage creativity by protecting the original work of the creator or author. Though it is not mandatory to register to claim copyright, it is advisable to do so. Read this article to know all about copyright registration in India.
Introduction – Is it Necessary to Register a Work to Claim Copyright
Copyright is a right provided by law to the creators of musical, artistic, literary, dramatic works, sound recordings, or producers of cinematic works. The law entails a bundle of rights to copyright disclaimer including, the right to reproduce, allot the work to the public, create any variations for the work, and various other rights depending on the type of copyright. Let’s know is it mandatory to Register a Work to Claim Copyright in this blog.
Advantages of Copyright
As already mentioned it is not mandatory to register the copyright, but it is always suggested to do so owing to the various advantages of copyright registration: Some benefits of copyright are as follows:
- Copyright creates a public record of one’s ownership over the creatives
- One can take legal action against infringers in a court of law if the copyright is registered
- If legal action is taken before or within a certain period from the publication date, adequate evidence in court relating to the validity of the copyright and the facts stated in the copyright certificate may be required
- Registered copyright entails the owner to claim statutory damages in a high court if an infringement is filed in the court. The owner of a registered copyright can even claim the attorney’s fee. However, the same is not the case with unregistered copyrights. For unregistered copyright, the owner can only get awarded the actual damages and profits. Also, such claims can be complicated to prove
- The owner can record the registration of the copyright with the Indian customs to help prevent the importation of infringing copies into India
- As already mentioned, copyright protection is important to encourage the creation of several intellectual works. If copyright protection is unavailable, anyone could take advantage of the work without paying any royalties or remuneration to the owner of the work
- The registration of copyright entitles the owner to protection and benefits in the form of economic rights. These rights entitle the creator’s to exercise control over their artistic material, and literary work in various ways that include producing copies, broadcasting, performing in public online on the internet, and making variations to the original works, among others. These rights help the owner avail an appropriate economic award for their original work
- Registration of copyright ensures the creators or authors are consequently rewarded for their venture and originality
- Integrity right is one of the other rights under the Copyright for literary work, that enables an author to object to the adaptation or derogatory action performed concerning their original word
- Paternity right is another right that enables the identification of moral rights to be identified as the creator’s definite kinds of material
- The entitlement and registration of copyright will display the validity of your copyright if it is registered within five years from the date of publication. This can help the owner avoid any kind of challenges to his work-related rights
- The owner can make import or export deals of a part or whole of the work with copyright protection
- The creation of any derivative work is possible from the copyrighted work if registered
- An open exhibition of the copyrighted work is possible with the protection of copyright
- The owner can sell or pass on the rights of the original work with copyright protection
- As an owner, a person can transmit or display the work by video or radio with copyright protection.
Is it Necessary to Register a Work to Claim Copyright
Acquisition of copyright is automatic and so it does not require the formality of registration. The rights under the Copyright Act come into existence soon after the creation of the work. Hence, there is no need to formally register to acquire it. It is however advisable to register the copyright for certain benefits.
Does Copyright Encourage Creativity? Let’s Discuss
Creativity being the keystone to a society’s economic and social progress, cannot be ignored.
Thus by ensuring safeguards to the performing rights of the authors or creators, copyrights serve as a kind of reward for creativity, thus encouraging people to do more. Copyrights protect the efforts, and hard work of the authors, designers, creators, dramatists, musicians, architects, producers of cinematographic films and sound recordings, as well as creators of computer software. By doing so, an atmosphere conducive to creativity is induced, which motivates others to create more.
How Does Copyright Help You?
Copyright ensures that individuals cannot use someone else’s work without permission. If a person uses another’s work without authorization, the copyright owner has the right to claim damages, file a lawsuit, and take legal action. On the other hand, a copyright owner has several privileges and can:
- Reproduce the work and create multiple copies of the original content.
- Distribute copies of the work for a fee or any other consideration.
- Display the work, for instance, in a museum, art gallery, or during a roadshow.
- Transfer their copyright by entering into a contract with another person.
These rights granted to the copyright owner protect their creative works and enable them to control and benefit from the use of their creations.
Advantages of Copyright Registration
Below are some advantages of registering for “copyright protection” in addition to the exclusive use or ownership granted by law to the creators of the work.
- Prima facie evidence: Copyright registration under Section 48 of the Act provides preliminary validity to the work, allowing owners to obtain a preliminary injunction against copyright infringers. It serves as evidence of ownership for the real owner.
- Global and unauthorized use protection: As per the Berne Convention, copyright in one contracting country extends similar privileges to the owner in another contracting country. While registration may not be mandatory, it provides a convenient standing for the owner in any situation.
- Economic benefits: Copyrighted works allow owners to derive economic benefits by authorizing others to reproduce, distribute, communicate, or adapt the work, earning royalties from such activities.
- Tracking and date of publication: Registered copyright listings help owners track their works, and the date of publication is crucial in infringement cases. Copyright registration includes the publication date, making it easy to identify infringement cases.
- Licensing rights: Copyright owners can license their works to others. Registration allows anyone to verify the true owner, confirming the work belongs to the licensor, and plays a significant role in exploiting one’s own work.
- One-time registration: Copyright registration is a one-time process, eliminating the need for renewal. The long-term grant allows owners to exploit their works throughout their lives and becomes a matter of public record.
List of Creative Works Protected by the Copyright law in India
Copyright Protection can be sough for the following works:
- Music
- Books
- Manuscripts
- Films
- Fashion Designs
- Training Manuals
- Software
- Literary Work
- Performance
- Paintings etc
What is the Procedure to Obtain a Copyright Registration?
To obtain copyright registration, follow this process:
- Prepare an application (in FORM IV) containing all the necessary particulars and statements, and submit it to the registrar along with the required fees (mentioned in Schedule 2 of the act). Separate applications must be made for different works.
- Each application must be signed by the applicant and an Advocate who holds a Vakalatnama or a Power of Attorney executed in their favor.
- The registrar will issue a Dairy No. and a mandatory waiting period of 30 days is observed to allow for any objections to be received.
- If no objections are received within 30 days, the application will be scrutinized for discrepancies, and if none are found, the registration will proceed, and an extract will be sent to the registrar for entry into the Register of Copyright.
- In case of objections, both parties will be notified, and a hearing will be scheduled to address the objections.
- After the hearing, if the objections are resolved, the scrutineer will scrutinize the application and approve or reject it accordingly.
How to File a Copyright Infringement Case in India?
Looking to File a copyrightright infringement application? Our Intellectual property attorneys can help! To know more about how to file copyright infringement case in India, get in touch with the experts at Vakilsearch right away!
FAQs
Is it mandatory to register an original work to claim copyright?
Registering an original work is not mandatory to claim copyright, as copyright protection automatically applies to original works upon creation. Vakilsearch experts can assist you with copyright-related queries.
What is the difference between copyright registration and copyright protection?
Copyright protection arises automatically upon the creation of an original work, while copyright registration provides additional legal benefits and evidence of ownership. For copyright-related services, consider Vakilsearch, India’s trusted legal platform.
What are the benefits of registering a copyright?
Registering a copyright offers benefits such as legal evidence of ownership, the ability to sue for infringement, and potential statutory damages. Remember - Vakilsearch experts provide top-tier copyright registration services for your creative works!
How do I register a copyright for my original work?
To register a copyright for your original work, submit the necessary application and required documents through Vakilsearch to ensure proper protection and legal benefits.
Can I still claim copyright protection if I don't register my work?
Yes, you can still claim copyright protection for your work even without registration, as copyright protection exists automatically upon creation. Consult Vakilsearch for copyright-related assistance.
What is the duration of copyright protection for registered and unregistered works?
Copyright protection duration is typically the creator's life plus 60 years, for registered and unregistered works. Get in touch with our experts to know more.
Are there any time limits for registering a copyright?
While there are no time limits for claiming copyright protection, registering early offers legal benefits and establishes ownership. Vakilsearch provides copyright registration services to safeguard your creative works.
What types of works can be registered for copyright?
Copyright can be registered for original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.
Does copyright registration provide proof of ownership?
Yes, copyright registration provides proof of ownership and establishes a public record of ownership.
Can I register a copyright for multiple works at once?
Yes, you can register a copyright for multiple works at once by submitting a single application and fee as long as it belongs to a group of related works
To Sum Up – Is it necessary to register a Work to Claim Copyright
Copyright registration entitles the owner to all the rights mentioned above. Note that It is not compulsory to register copyrights. However, the registration of copyright and the entries made therein serve as important evidence in a court of law, especially concerning the disputes relating to the ownership of copyright. Therefore it is advised that the copyrights be registered by self or with the help of the experts at Vakilsearch, to check up clearly on the eligibility and documents of the application, to ensure no future complexities appear to the copyright. Hope this blog is it necessary to register a work to claim Copyright was helpful.
Read more,
- What Are the Basic Rules of Copyright
- Can Software Be Copyrighted
- How Long Can You Use a Copyrighted Song on YOUTUBE
