Copyright Registration

What is Copyright Registration  ?

There is a surge in the amount of intellectual property being registered in India due to an increase in awareness among people about intellectual property laws and the advancement of technology, allowing for online registration of many of the type of intellectual property being created. Copyright registration is one of the key types of intellectual property protection and allows for the protection of literary, dramatic, musical and artistic works.

Copyright Basics

Copyright is a right to ownership and enjoyment given by the law to creators of literary, dramatic, musical, artistic works and producers of cinematograph films and sound recordings. It is a bundle of rights comprising of rights to reproduction, communication to the public, adaptation and translation of the work. Copyright ensures certain minimum safeguards of the rights of ownership and enjoyment of the authors over their creations, thereby protecting and rewarding creativity.

Eligibility for Copyright Registration

Any work namely literary, dramatic, musical, artistic work, cinematograph film, or sound recording, can be copyrighted. Copyrights are given in India in mainly three classes of work, and each class has its own distinctive rights under the Copyright Act. Original literary, dramatic, musical and artistic works are one class of work that comprise of copyrights for books, music, painting, a sculpture, etc., Cinematograph films are another class of copyright which consists of any work of visual recording on any medium. Finally, sound recordings are a distinctive class under the copyright act consisting of a recording of sounds, regardless of the medium on which such recording is made or the method by which the sounds are produced.

Benefits of Copyright Registration

The following are some of the important benefits of registering your work and availing copyright protection:

  1. Copyright protection creates a public record of the ownership by the copyright holder.
  2. Copyright protection enables the holder of the copyright to take legal action against infringers in a court.
  3. If the legal action is taken before or within a certain period from the date of publication, it enables adequate evidence in court relating to the validity of the copyright and the facts that are stated in the certificate of copyright.
  4. If registration is made within a short span of time the person’s work or at any time prior to the infringement of the copyrighted work, the copyright owner is permitted to claim statutory damages in a high court. Without the process registration, only an award related to actual damages and profits will be made available, and these can be quite complicated to prove in a court of law.
  5. Permits the copyright owner to record the registration with Indian Customs to help in protection against the importation of infringing copies into India.
  6. Copyright protection provides a very important motivation for the creation of several intellectual works. Devoid of copyright protection, it would be simple for others to take advantage of these works without paying any royalties or remuneration to the title-holder of the work. Copyright, therefore, encourages enterprise and enables an encouraging climate to motivate economic activity.
  7. Copyright protection renders benefits in the form of economic rights which entitles the creators to exercise control over the use of their literary and artistic material in various ways such as producing copies, performing in public, broadcasting, use online/on the internet, etc. and to avail an appropriate economic reward.
  8. Copyright protection enables creators to be rewarded for their originality and venture consequently.
  9. Copyright also enables moral rights to be identified as the creator or the author of definite kinds of material (known as the paternity right), and raise an objection to the distortion and mutilation of the right. An author’s right to object to the adaptation or derogatory action in relation to his or her work is referred to as an integrity right.
  10. Registration and entitlement to copyright will display the validity of your copyright if it is registered
  11. within a period of five years of publication. This can help avert future challenges to your works related rights.
  12. One can use, reuse and reproduce the copies and can sell the copies of the work that is copyrighted.
  13. One can deal in the imports or exports of whole or part of the work with copyright protection.
  14. One is liberated to create any derivative work from the copyrighted work.
  15. One can openly exhibit his work with copyright protection.
  16. One can sell or pass on the rights of the work to the other person with copyright protection.

One can deal in transmitting or the display of work by radio or video with copyright protection