Copyright is an essential tool that protects your intellectual property. More than just safeguarding the new works, it also ensures that creators receive its adequate compensation. Unlike patents and trademark, copyright registration is optional, but its law protects the expressions of ideas and not the idea itself. Nonetheless, getting a registration is ideal.
Copyright owners who register their works with the Copyright Office
benefit from the rights and privileges that it offers. The registration allows the
owner to sue for copyright infringement.
If litigation arises, the
- Establishes the validity and authenticity of the registrant’s rights over the work.
- Allows the owner to claim damages and attorney fees.
The owner creating an original work gets the automatic right to claim
authorship of the work, and the right to deny changes that may possibly harm
the creator’s repute. One can claim such rights for original works of
authorship that are fixed in a tangible form, whether published or unpublished.
Such works include artistic works, literary works, sound recordings, and
musical recordings. Copyrights are governed by the rules laid down in the
Copyright Act of 1957. This article covers the concept of copyright registration in India, its scope and
What is a Copyright?
Copyright is an intellectual property right that the creator owns for
the created work. It can be a literary work like a book, or a musical
recording. Only the author/ the creator is the first owner of the copyright. It
provides the right to use and the authority to allow anyone else to use it.
The works protected under
• Artistic Works
engravings, photographs, paintings, a work of architecture or artistic
craftsmanship, dramatic works, etc.
• Literary Works
Includes books, computer programmes, compilations
and computer databases, etc.
• Musical Works
Songs, Graphical notations, etc.
• Sound Recordings
• Cinematograph Films
What is “original
authorship” and how does the ownership change in different scenarios?
Original authorship is a term describing the original creator and
owner of the copyright. The individual that creates an original creative work
is the real owner of the work. But the ownership varies in different cases.
- If a magazine employs you to create content for them, the copyright of such a work will be with the proprietor of the magazine. This will be in relation to the publication or reproduction of that work. In all other aspects, the author is the copyright holder in absence of an agreement that says otherwise.
- The government holds the copyright for any government work.
- When a person works on a project for a public undertaking they will be the owner of the copyright unless there is an existing agreement that says otherwise. Thus, the ownership of the copyright varies in situations.
For how long does the copyright
The copyright exists for a lifetime and an additional sixty years after
the author’s death. If the author is anonymous, it will last sixty years from
the date of publishing of the work. For other works, the term of copyright
lasts sixty years from the date of publication of the material.
What is copyright infringement?
Any unauthorized use of the work would lead to infringement. Any
illegal use, display or publication of the work done without the original
owners’ permission is an infringement.
What are the owners’ rights?
The rights under copyright law are divided into two main sets of
1. Economic Rights:
This right allows the owner to sell, give on hire,
or make copies of the work.
- The right to communicate the work to the public
holder has the right to make the work accessible to the public, i.e. either
showcase, perform or publish the work.
- The right to adapt and translate the work
The owner can revamp the work and publish it in
different forms or through a different medium.
- Right to claim for damages upon infringement
The owner has the
right to stop any individual from using the work without permission. In case of
infringement, the owner has a legal right to sue the person and claim damages
for the use.
2. Moral Rights:
As the name suggests,
the author has the exclusive right to prevent others from claiming any right
over the copyright. The owner decides where and how to display or sell the
work. And whom to give rights under assignment or licensing.
This is the right
an owner to prevent any damage or unauthorized alterations to the work. And bar
anything that can put the honour and reputation of the owner at risk.
What are the advantages of registration?
The following are the prime advantages of copyright registration in
• Proof of ownership
establishes a public record i.e. a prima facie evidence, which makes it simpler
to claim authority over the work.
• Filing a copyright infringement suit
The copyright registration gives the legal
right to the owner to file a suit in case of infringement or stop a possible
• Right to assign
Once you are a
registered owner you can assign or license the copyright without worrying of
• Right to claim statutory damages
When the copyright
is registered, the court gets the authority to award special damages, attorney
fees and legal cost incurred in a successful infringement suit. And the owner
does not need to prove the actual damage caused.
What is a copyright assignment
The copyright owner may assign the work to a third party in return for
monetary compensation. The assignment is transferring ownership of the
copyright to a third party. Assigning copyright does not necessarily give the
assignee an absolute power, but a limited one. The assignment of the copyright
will only hold valid if it is signed by the copyright owner or the agent on
Licensing means transferring some of the rights, that the copyright
owner has to a third party. Here the ownership remains with the original
holder. Licensing gives the third-party rights which allow them to sell and
publish the work as per the contractual agreement.
Copyright registration is a means that enables the original owners to explore their creativity and reap monetary benefits from it. With a timely registration, the owner expands his rights and strengthens the protection over the work. The copyright owner may register the copyrighted work on their own or they can avail online copyright registration services offered by professionals like LegalWiz.in for a secured and easy online copyright registration.
LegalWiz.in is leading online legal service provider committed in offering simplified and hassle-free solutions to businesses and corporates at PAN India level. From company registration to IPR protection, we make managing and protecting the business simpler. LegalWiz.in is one step solution for all businesses.
can help you with copyright registration in India at an affordable cost. If you
are seeking assistance from experts for copyright registration or have any
other concerns regarding your original creative work get in touch with our
expert at email@example.com.
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