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INTRODUCTION

The term “copyright” refers to a group of legal protections that the author of an original literary, theatrical, artistic, or musical work can utilize to keep their creations safe from piracy and improper usage.

  • These privileges include the ability to copy, create derivative works, distribute copies, perform the work publicly, and show it.
  • The Copyright Act, of 1957 contains provisions relating to copyright in India. Copyright is primarily intended to encourage and reward authors and artists for producing new works.
  • In accordance with the wishes of the author or copyright holder, the public may enjoy these works.
  • Any work’s copyright benefits both the author or creator and the general public.
  • The public enjoys the product as literature, theatre, art, or music, and the author is compensated financially for producing it.
  • The author or creator can assert ownership over his or her work to prevent theft or piracy through the registration of a copyright. Therefore, copyright registration offers theft protection as well as compensation to the author for his or her labour.

Copyright Registration Process

A form of intellectual property known as copyright protects the expression of ideas. It shields the original artistic, literary, dramatic, cinematographic, or sound recording authors or owners from unlawful use or duplication of the work in India, The Copyrights Act of 1957 provides copyright protection, which is immediately granted as soon as the software code is embodied on any tangible medium, such as ROM, paper, Magnetic Tape, etc. By registering such works, the Register of Copyrights keeps a public record that includes the title and author’s names in the index.

Under the Copyright Act of 1957, there is no official process for acquiring a copyright. The ability to register a work for copyright is made available by the Copyright Office. The copyright certificate and the entries under the Register of Copyrights would serve as prima facie evidence before a court of law.

The work is registered under the Register of Copyrights, which is maintained by the Registrar of Copyrights in the Copyright Office of the Department of Education.

Copyright protection is only effective for a finite amount of time. A registered work is normally protected for 60 years. Original literary, dramatic, musical, and artistic works are protected for 60 years following the author’s passing, and cinematograph films, sound recordings, photographs, works produced by governments or other international organisations, etc. are protected for 60 years following the date of publication.

Please Feel free to contact or reach us at: – MG Associates (Company Secretaries)- CS Manisha Mittal – 70152-77705 to learn more about copyright registration.

Elements of Copyright

Copyright notice consists of 4 elements:

1. The letter C in a circle or word “Copyright”.

2. First publication year of the work.

3. Owner’s name.

4. “All rights reserved” at the end.

Benefits of Copyright Registration

  • It gives the author legal protection- The copyright registration of a work would serve as documentation demonstrating the author’s ownership of the work, giving him legal protection. The entries of the registration certified by the Registrar of Copyrights are valid prima facie under Section 48 of the Copyright Act, 1957.
  • The certificate of copyright prepares the path for making and selling their work and establishing a brand by the quality and goodwill developed in the minds of the customers. This gives the owner branding and goodwill.
  • It guards against unauthorized use-The copyright provides the owner of the copyright legal recourse in the event that the work is used or reproduced without authorization, which would be deemed a copyright infringement.
  • It offers worldwide protection—If the copyright is registered in other nations as well, the owner will have the same rights as in India.
  • It creates intellectual property. Intellectual property is an intangible asset that can be sold, licensed, or used as a basis for a commercial contract.
  • It allows the creator to search down the work’s owner because the Register of Copyrights includes the owner’s information.
  • It indicates the date of publication. Since the date of publication is a crucial consideration when handling instances of infringement, the registration of copyright includes the date of publication of the work. As a result, when an infringement case develops, it may be quickly identified.
  • It gives the owner the ability to readily grant others licence; this is known as providing licencing rights to the owner. When there is adequate evidence that the work belongs to the licensor, only then is the licencing agreement between the licensor and licensee executed.
  • It gives the owner compensation and royalties – The owner has the right to demand compensation or royalties for any translation, modification, or editing of the protected work. The music industry and YouTube are pertinent examples of places where content is duplicated, songs are utilised and remixed, or videos are created using that music.
  • It makes it simple to import, export, and exhibit works – Copyright registration facilitates import and export of works, and artists can exhibit their creations for sale or display.

Risks involved in non-registration of copyright

Since a finished work that is fresh and original is already protected by copyright, registration of the work is not essential to obtain protection. The work may also be sold, reproduced, and performed with a registered copyright, but doing so before the public poses a greater risk because the registered copyright serves as evidence that the owner alone has the exclusive rights to the work, whereas if the work is not registered, it is more difficult to establish ownership, and any company may make a claim on it, with the actual owner being subject to the legal repercussions.

If the copyright is not registered, the owner’s other rights are similarly restricted, which increases the risk to the work’s protection.

These restrictions include:

  • Filing a lawsuit for infringement: An unregistered copyright cannot be the subject of a lawsuit. Therefore, it must be registered in order to file a lawsuit for copyright infringement. To prevent anyone from using the protected work, only an injunction may be sought in court. The Copyrights Act of 1957 states that the Register of Copyrights is a prima facie proof of the work against which the claim is launched, making registration of a copyright a requirement for bringing an infringement lawsuit.
  • Copyright registration is crucial if someone wishes to obtain a loan based on their work.
  • If an unregistered work is duplicated, the owner cannot sue the copycat since the work is unregistered, and the owner cannot stop others from violating his rights as long as the work is unregistered.
  • The owner only receives the actual damage or potential loss and money made by someone exploiting the work in a copyright lawsuit that is not registered. While in a registered copyright lawsuit, the owner is entitled to both statutory damages and legal fees. Therefore, registering his work saves a substantial sum of money.

Conclusion

It is crucial to register a copyright in order to protect the work from unlawful use or duplication since it serves as the strongest possible proof of the owner of the work and enables them to maximise profits through licencing, assignment, and capital raising.

Although registration is not a requirement for copyright, it does prevent rights infringement. Thus, in order to safeguard the work and derive the greatest possible profit from it, copyright registration is highly recommended.

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For any type of assistance feel free to contact or reach us at: – MG Associates (Company Secretaries)- CS Manisha Mittal – 70152-77705

Disclaimer : The information presented here is only meant to be informative. Although this article was carefully crafted, it should only be regarded as general advice because it has been expressed in general terms. You should not act on the information provided in this article or refrain from acting upon it without first seeking professional advice since it cannot be relied upon to address your unique situation.

Author Bio

Manisha's potential cannot be elucidated in words. Her passion for writing knows no bounds. Associate Member of the Institute of Company Secretary of India and also holds a bachelor’s degree in Law. Having experience of more than 4 years of Forming Producer companies, Public and private companies View Full Profile

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