Copyright protects your intellectual property. This tool protects the creators of new works and ensures they receive fair compensation. Contrary to trademarks, patents are not required. Copyright registration is an optional option, but the law protects expressions and ideas only. However, it is recommended to obtain a registration.
Copyright owners who register work with the Copyright Office are entitled to the rights and privileges this office offers. The owner can sue the Copyright Office for copyright infringement.
If there is a case, the registration:
- Establishes validity and authenticity of the rights of the registrant to the work.
- Allows owner to sue for damages and attorney’s fees.
An owner who creates an original work has the automatic right and right to claim authorship. Such rights are available for original works, regardless of whether they have been published or not. These works include literary works and artistic works. Copyrights can be found in the Copyright Act of 1956. This article describes the concept of copyright registration’s India’s scope and validity.
What is Copyright, and what does it mean?
Copyright is an intellectual property right the creator owns for the original work. It can be literary works such as books or musical recordings. Copyrights are first owned by the creator/author. It grants permission to others to use the copyright.
The works covered by copyright are:
* Artistic Works
Includes engravings and photographs, paintings, sculptures, artistic craftsmanship, dramatic works, etc.
* Literary Works
It includes computer programs, books, compilations, databases, and other information.
* Works of Music
Songs, Graphical notations, and others.
* Sound Recordings
* Cinematograph Films
What is “original authorship”? And how can the ownership change between different scenarios?
Original authorship refers only to the creator and owner copyright. Original creators are the true owners of their work. In some cases, the ownership is different.
Let’s take, for instance:
- If you are hired by a magazine to write content for them, then the author of that work will own it. This applies to the reproduction and publication of the work. The author is the copyright owner for all aspects except those specified in an agreement.
- Copyright rights for any government work belong to the government.
- Unless there is an agreement, the copyright will belong to the person working on the project for the public undertaking. The ownership of the copied rights can be transferred to different people depending on the circumstances.
How long can the copyright be valid?
Copyrights can be retained for up to 60 years, plus a lifetime after the death or burial of the author. Anonymous authors have the copyright for 60 years. Copyright is valid for all works except those mentioned above. It expires sixty years after publication.
What is copyright infringement?
Unauthorized use would result in infringement. Illegal display, publication, or use of the works without permission is considered an infringement.
What are the owners’ rights?
The copyright law rights are split into two main groups:
- Economic Rights The right to reproduce
This gives the owner the right to sell, give on hire, or make copies.
- The right of communication to the public
Copyright holders have the right of making the work freely available to the public. The work may be showcased, performed, or published.
- The right of adaptation and translation
The owner can revise the work and make it available in different formats or through different media.
- Right to file a claim for damages after an infringement
Any person may stop using the work without the permission of the owner. In the event of infringement, the owner is entitled to sue and recover damages.
- The right to paternity
As the name implies, the author is the only one who can prevent others from claiming copyright. The owner has the final say on where and how to show or sell the work. And who can assign or license the rights?
- The right to integrity
This gives the owner the right not to allow any unauthorized modifications or damage to the work. It is important to avoid any actions that might jeopardize the reputation or honor of the owner.
What are the benefits of registration?
These are the major benefits of India’s copyright registry:
* Proof of ownership
A public record is created by registration. It establishes prima facie proof, which makes it easier to claim authority over the work.
* Filing copyright infringement suits
Copyright registration gives the owner the legal right to bring suit against an infringer or to stop an infringer.
* Right of assign
Once you are registered as the owner, you can easily assign or license copyright without being conned.
* Right to claim statutory damage
After the copyright is registered, the court has the power to award special damages and attorney fees. The owner does not have to prove the actual damage.
What are copyright assignation and licensing?
The copyright owner might assign the work in exchange for monetary payment. It is a transfer of ownership. While assigning copyright does not automatically grant an assignee an absolute power to do so, it does allow for a limited degree of control. The copyright owner or agent must sign it.
Licensing involves the transfer to third parties of some copyright rights. In this case, the ownership of the rights remains with the original holder. Licensing grants third-party rights that allow them to publish the work and sell it as per the contract agreement.
Copyright registration is a way for original owners of the work to share their ideas and receive monetary benefits. A timely registration expands the owner’s rights and strengthens protection over the work. You can either register your copyrighted work yourself or you can use online copyright registration services provided by Legalized. to make it secure and easy.