What are the Advantages of Copyright Registration?
Creativity is a treasure that needs both protection and security. Often small-business Entrepreneurs use innovative and creative plans to gain a competitive edge over large scale companies and ventures. To safeguard new work in the creative industry like art, literature, computer software, or music, the Government has sanctioned legal protection, namely copyright. There are various advantages of copyright registration that one can yield to grow his business.
This blog will help you understand the importance and advantages of copyright registration. Moreover, it will enlighten you about the eligibility and procedure to register a copyright in India.
Meaning of Copyright Registration
The term “Copyright” denotes a type of Intellectual Property, which provides protection just like Patents and Trademark. It is governed by the provisions of the Copyright Act, 1957.
A Copyright Protection provides the author with a chance to become the legal owner of his/her creative and artistic work in respect of paintings, books, website, and music, etc. It also protects the imitation of work. That means any person who tries to or copy the work of the registered person without obtaining his/her permission will be liable for infringement under the act.
Things Protected Under Copyright Act 1957
The creations and items protected under the Copyright Act 1957 are as follows:
- Cinematography Film;
- Sound Recording;
- Musical Work and Sound Recording;
- Artistic work like Paintings, Photographs;
- Original Literary Work;
- Computer Programs;
- Broadcasts on Radio and Television;
- Published Editions;
Requirements to Obtain Copyright Protection
The basic requirements to obtain Copyright Protection in India are as follows:
Basic Details of Candidate
The term Basic Details include the Name, Nationality, and Address of the candidate, which he/she needs to submit for registration.
Soft Copies and CDs
The candidate must have a soft copy of all his/her files and work in GIF, JPEG, or JPG format. However, if he/she wishes to file a copyright for the computer programs, then he/she must prepare 4 DVDs or CDs of the specific computer programs.
Obtain a Trademark Certificate for Work
If in case the candidate is submitting the application for the copyright of any artistic work, then he/she needs to first obtain a certificate from the trademark office.
Power of Attorney
If in case the candidate wants to register the copyright for his/her work through an authorised firm, advocate, or agent, then he/she needs to provide a Power of Attorney to the concerned person.
Purpose of Copyright Registration
The fundamental objective of copyright registration is to keep on record an attestable account of the original content and its date of publication. Thereby it helps the owner to prove the validity of his work during interrogation. Also, it protects the work against the legal claim, plagiarism charges, and infringement. The copyright owner can provide a copy of his work from an official Government authority to rest his case.
Why is it Essential to Register Copyright?
Generally, there is a common misconception to mix the process of copyright registration with the issue of copyright. However, most countries have now automated the copyright on “fixation”, which means it applies as soon as the work gets fixed in some tangible medium. The foundation of copyright is Berne Convention (1886) since then many countries have signed onto it. Companies need copyright registration before joining Berne.
Reasons to Choose Copyright Registration
The reasons for choosing Copyright Registration are as follows:
- Provides Legal Protection;
- Increases Goodwill;
- Expands Protection after Death;
- Acts as Prima Facie Evidence;
- Provides Global Protection;
- Makes a Public Record;
- Establishes Credibility in Market;
- Creation of Asset;
Advantages of Copyright Registration
One can leverage several benefits by registering their copyright. Let’s have a look at some of the key advantages of copyright registration:
Obtaining a public notice of your ownership
once you register your creative work thereon, it gets published in the Copyright Office’s Catalog and becomes accessible for the public. It not only protects your work but also saves your identity from being damaged in the public’s eye. Thus, no other person can think to use your work and make false infringement.
Registration provides legal protection
If somebody tries to claim your registered work as their own, you can easily file a lawsuit for copyright infringement. Therefore, one must get the copyright registered to avoid a costly dispute. It acts evidence that you own a piece of work.
any literary or artistic work came into existence with a creative idea. While anybody can destroy or copy your masterpiece if you do not have a copyright registration of it. Thus, the copyright laws encourage creativity and support original creators, since the ability to protect works empowers the creator to develop more new ideas.
Eligible for Statutory Damages
When a creator registers his copyright within three months of publication of the work or before the infringement, then he becomes eligible for an award of statutory damages. As it is difficult to provide damages in a case of copyright infringement, the copyright registration makes the process easy. An award of statutory damages enables the copyright owner to retain a particular amount for each work infringed. Besides, the owner gets the ability to validate the actual damages.
Rights of a Copyright Owner in India
Apart from the numerous advantages of copyright registration, an owner can access many rights under the Copyright Act, 1957. The rights of a copyright owner in India are as follows:
Right of Reproduction
as per the Act, no third party can copy/ reproduce an original work or any of its part unless; he has the permit from the copyright owner to do so. The right restraints reproduction of work in any form, be it printing an edition of a book and recording films.
Right of Distribution
unlike the right of reproduction which restricts copy of the original work, the right of distribution gives authority to the copyright owner to distribute his work willingly. Moreover, the owner can transfer an entire or some rights in favor of some other person.
Right to Publicly Perform
with the right to perform publicly, the copyright owner gets an opportunity to broadcast his talent and reach a broad audience. For instance, the owner of a novel can choose to act his plot on a stage like drama. Even the owner can channelize his work through social media networks.
Right of Paternity and Integrity
The Copyright Act, 1957, sanctions the right of paternity and integrity to all creators. It implies that a copyright owner can claim authorship over his work. Thereby if a person wants to reproduce or use an original work, then he has to give due credit to the concerned creator or else the maker has the power to file a suit against him.
Steps to follow for Copyright Registration
After perceiving the advantages of copyright registration, you must be eager to get it done for yourself, so follow these simple steps:
Fill Copyright Application
The first and foremost step that a copyright applicant needs to do is to fill the application that may take about 2 to 4 working days.
Processing of the Application
Once you fill the copyright application, a Dairy No. will be issued. Further, you must wait for the next 30 days for any objections.
Approval of Copyright Application
In case nobody raises any objections, the examiner will carefully scrutinize the application. If the Registrar finds no discrepancy, then he will approve to the applicant’s registration.
Lastly, after Registrar’s approval, the extracts are finally sent to the copyright applicant.
To conclude, one can say that the Copyright Act, 1957, plays a vital role in protecting the rights of the copyright owners. Every creator must avail the advantages of copyright registration and safeguard his work. Copyright protection is valid for more than 60 years, even after the death of the owner/creator.
If you need professional assistance for registration, look no further than Swarit Advisors. We hold proficiency in easing the legal procedure of copyright registration.