Copyright is an intellectual property right that the creator holds for the work created. It can be of any form, a literary work as a book, or a musical recording. Only the creator is the first owner of the copyright. It gives the right to use and the authority to let anyone else use it. Unlike patents and trademark, copyright registration is not compulsory, but its law prevents the expressions of ideas and not the idea itself. Nevertheless, getting registration is ideal.
Copyright owners who register their works under the
Copyright Office advantage from the rights and privileges that it offers. The registration lets the owner sue for copyright infringement.
The works protected under copyright are:
• Artistic Works
• Literary Works
• Musical Works
• Sound Recordings
• Cinematograph Films
For how long does the copyright remain valid?
The copyright is valid for a lifetime and an additional sixty years after the author’s death. If the author is unauthenticated, it will last sixty years from the date of publishing of the work. For other works, the term of copyright remains sixty years from the date of publication of the material.
What is copyright infringement?
Any unauthorized use of the work can turn into infringement. Any illegal use, exhibition, or publication of the work done without the original owners’ authorization is an infringement.
What are the owners’ rights?
The rights under copyright law are separated into two main sets of rights:
1. Economic Rights:
- The right to reproduce
- The right to communicate the work to the public
- The right to adapt and translate the work
- Right to claim for damages upon infringement
2. Moral Rights:
- The right of paternity.
- The right of integrity.
What are the advantages of registration?
The major advantages of
copyright registration in India are:
• Proof of ownership
Registration builds a public record i.e. a prima facie evidence, which makes it easier to claim authority over the work.
• Filing a copyright infringement suit
The copyright registration provides the legal right to the owner to file a suit in case of infringement or to stop a possible infringement.
• Right to assign
Once you are a registered owner you can give or license the copyright without worrying about being deceived.
• Right to claim statutory damages
When the copyright is registered, the court takes the authority to award special damages, attorney fees, and the legal costs involved in a successful infringement suit. And the owner does not need to show the actual damage caused.
Conclusion
Copyright registration is a way that lets the original owners explore their creativity and get monetary benefits from it. With a timely registration, the owner extends his rights and strengthens the protection over the work.
