How To Register Sculpral Work Copyright
This article is written by Shristi Roongta, from Amity Law School, Kolkata. This article details the necessity of copyright registration and the remedies bachelor in case of infringement.
Introduction
Suppose Mr. A has written a book which took him 2 years to complete. He has launched the book and gained popularity because of his story and writing. One day, he read somewhere, B, a beginner has written a volume which was an exact copy of Mr. A's work. B has copied A's work without his permission. Now, what can A do? Tin he claim damages, merely he has not registered for copyright? Aye, A can claim damages though he has not registered for copyright. Since, copyright protection is available when a work is created, even if not registered . Just then, what is the demand for registration? In this article, the advantages of copyright registration are being discussed in item.
What is Copyright
Copyright is an intellectual belongings that protects the exclusive rights of the owner to form copies of his creative work. Copyright can exist defined as a right of an possessor on his creative or artistic work. This right includes the right to reproduce the piece of work, distribute the copies, or display the work publicly. In India, copyright law is governed by the Copyright Act, 1957. After being amended about six times, with the latest amendment in 2012, the human activity provides exhaustive copyright in various works. Copyright generally protects the original expression of an idea in the form of piece of work and merely an idea. Works such as writing a book, creating a song or a painting past a painter are all forms of artistic works which take a smashing amount of time, attempt and resources. All of these works are at risk of existence copied, herein copyright registration plays an important role. Information technology saves a person's work from existence copied without the author or possessor's permission. Though copyright is subjected to limitations that are based on the public's interest with a time limit.
The principal aim of copyright is to encourage and provide an incentive to the owners or authors of the original piece of work and which also provides benefits to the author and the public. The owner receives awards in monetary forms for his creative works and the public in the class of drama, music, fine art, stories, etc.
How does copyright aid you lot
Copyright ensures that no person uses someone else'southward work without their permission. If suppose a person uses other's piece of work, that person can claim damages, can file a adapt and etc. What tin a copyright owner do? He tin reproduce his work, can create more copies of the original content, he tin as well distribute the copies for a price or he can display his work, for example in a museum or art gallery or a roadshow, etc. A copyright owner can even transfer his right by a contract to any person.
Advantages of copyright registration
Copyright protection is available even without registration of copyright. Any person can sue or claim damages. Only afterwards registering for copyright registration, the owner of the work gets actress benefits that he can enjoy after registration. The following are the benefits of registration of copyright:
To know more about Copyright Registration please visit
Public record of ownership
Once the copyright of the work is registered, it is notified to the public and becomes searchable. It is besides documented in the proper noun of the possessor . This not but protects the piece of work simply too gives the possessor the ownership which is freely spread in the public domain. This leads to an advantage to the owner as no one can claim that he did not know about the owner or his piece of work, or can doubt the originality of the owner's work, the owner gets the credit for his work and also builds a proficient reputation among people. The public record of ownership is important as many times, the buying of the owner over copyright is in question.
Presumption of ownership
The buying is presumed if the registration is done before or within five years of publication of the work. Information technology forms the prima facie evidence for the validity of the ownership. In case. Anyone challenging the ownership shall have the burden of proof on him. This presumption of ownership is needed in example someone tries to infringe, causing serious damage and so the possessor can have an firsthand court club to restrain that infringer.
Stand out in the oversupply
There is tremendous competition everywhere, it is very of import to stand out in the oversupply. A person may find himself surrounded by competitors when he starts something new or does some work then it is important to showcase his piece of work out of a pool of the same category of people. By registering his piece of work as copyright, which may be a small slice will atomic number 82 to inaccessibility to competitors. This will not only assist in continuing out but also gives a push in the profits.
Ability to enforce Copyrights past filing a lawsuit for Copyright infringement
The near important advantage of registering the copyright. The owner can file a lawsuit confronting the infringer. An unfortunate event tin can happen wherein the owner can file a conform and seek damages from the infringer. If the copyright is not registered then the owner has to prove his correct by commonage prove against the infringer and the burden of proof volition lie upon the owner. The copyright registration can be considered as a pre-condition for filing a lawsuit.
Section 48 of the Copyright Act states the validity to entries of the registration certified by the Registrar of Companies as prima facie.
For instance, if a YouTuber uses any music of any other person without his permission in his video, then that owner tin file a suit against youtube seeking damages.
Eligibility for Statutory Damages, Chaser Fees, and Costs of Suit
In case of a copyright infringement, the owner becomes eligible to merits statutory damages. Registration becomes very important in this case as proving damages becomes a difficult task for a case of infringement. This besides relieves the owner from proving the actual amercement. The copyright owner will as well be awarded a certain amount of money for every instance of infringement. Registration of copyright during this period likewise qualifies the owner to obtain an accolade of chaser fees and costs of conform. In copyright infringement cases, the fees of the attorney and legal fees are very expensive, and information technology is the discretion of the court to award attorney'south fees and legal costs to the owner of the copyright.
Protection Against Importation of Infringing Works
There is one plan in the USA which is known equally the U.Due south. Customs and Border Protection ("CBP") . In this, registration is required and the CBP seizes the products that are imported and violates the rights of intellectual property in the The states.
Protection of budgetary losses
An of import reason for the registration of copyright is the protection of budgetary losses. The original works become copied easily hence it becomes necessary to protect the original work from being copied. In India, the give-and-take piracy is used for referring to copied work. Movies, videos, games and etc which are pirated are commonly available in every city or are illegally downloaded.
Example law
In Dhiraj Dharmadas Dewani v. Sonal Info Systems Pvt Ltd , information technology was held by the Bombay Loftier Courtroom that if an owner of copyright wants to invoke civil or criminal remedies under the Copyright Human activity, and then he should have a copyright registration. The court observed that the main office of the Copyright Office is to maintain registers of copyright in which the names of the authors and the owners of the copyrights and other relevant information will be entered, this shall exist at the choice of the writer or possessor and which shall be made available to the public. To initiate any proceeding regarding the infringement of copyright, the copyright must be registered at the Copyright role.
Menace of not-registration
Although registration of work is not mandatory to receive protection as information technology automatically gets protected when the piece of work is finished. The registered copyright tin as well be reproduced, sold and performed merely the chances of reproducing unregistered original work are of greater chances than registered one. The registered copyright is proof of any original work, information technology proves that the owner has the sectional right over the work. In case, the work is not registered information technology becomes hard to prove the buying, and protecting the piece of work from being copied or reproduced from others becomes even more difficult. If the work is non registered the chance of copying increases and post-obit are the limitation which leads to limitation:
Suit for infringement- in instance of non-registration of copyright, the adjust for infringement cannot be filed and in order to bring a suit for infringement, the copyright must be registered. It is also a prerequisite nether the copyright act to bring a adapt of infringement and the registered copyright is a prima facie bear witness of the original work against which the suit tin can be initiated.
- In instance of raising a loan, registered copyright helps in getting one on the basis of the work.
- If the work is not registered then the owner of the original work cannot stop someone who is infringing his rights unless he registers his work.
Damages of the suit- in case of an unregistered suit of infringement, the owner only gets for the actual loss and the corporeality gained by that person who used that piece of work. While in case of registered copyright, the owner gets the statutory damages along with the attorney's fee and thus it saves a substantial corporeality for his registered work.
Conclusion
The registration of copyright is extremely important to restraint someone from using the original work of the owner who gave his fourth dimension and efforts into it. Though the registration is not mandatory but by registering the piece of work as copyright, the owner gets numerous benefits. The owner has all the proofs regarding his work in case of an infringement, he tin can sue the infringer without collecting evidence from everywhere. His work gets published in the public domain which gives him the satisfaction of safety, pride, prestige, and besides a practiced reputation. Even the owner enjoys profit on his piece of work by publishing, distributing, or claiming damages for infringement. The copyright registration also protects the owner from piracy which is extremely of import. Hence, it is concluded that registration of copyright has several benefits which the possessor must avail and should register his creative work.
References
- Jaburg Wilk, Why Register My Copyrights? The Benefits of Copyright Registration http://www.jaburgwilk.com/news-publications/benefits-of-copyright-registration
- Vikram Saha, Advantages of Filing A Copyright Registration file:///C:/Users/DELL/Desktop/D/Advantages%20of%20Filing%20a%20Copyright%20Registration%20-%20Vakilsearch.htm
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How To Register Sculpral Work Copyright,
Source: https://blog.ipleaders.in/necessary-register-work-claim-copyright-even-automatic-benefits-copyright-registration/
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