Does It Matter If Someone Never Registers A Copyright

This article is written past Shristi Roongta, from Amity Law School, Kolkata. This article details the necessity of copyright registration and the remedies bachelor in case of infringement.

Introduction
What is Copyright
How does copyright assistance you
Advantages of copyright registration
- Public tape of buying
- Presumption of buying
- Stand out in the crowd
- Power to enforce Copyrights by filing a lawsuit for Copyright infringement
- Eligibility for Statutory Damages, Attorney Fees, and Costs of Suit
- Protection Against Importation of Infringing Works
- Protection of monetary losses
Case law
Menace of non-registration
Decision
References

Introduction

Suppose Mr. A has written a book which took him two years to consummate. He has launched the book and gained popularity considering of his story and writing. I day, he read somewhere, B, a beginner has written a book which was an exact re-create of Mr. A's work. B has copied A's work without his permission. Now, what tin A do? Tin he merits damages, simply he has not registered for copyright? Yep, A can claim damages though he has not registered for copyright. Since, copyright protection is bachelor when a work is created, fifty-fifty if non registered . But then, what is the demand for registration? In this article, the advantages of copyright registration are being discussed in particular.

What is Copyright

Copyright is an intellectual property that protects the exclusive rights of the owner to form copies of his creative work. Copyright can exist defined as a right of an owner on his artistic or artistic work. This right includes the correct to reproduce the work, distribute the copies, or display the work publicly. In Bharat, copyright police force is governed by the Copyright Deed, 1957. After beingness amended well-nigh six times, with the latest amendment in 2012, the act provides exhaustive copyright in various works. Copyright generally protects the original expression of an idea in the course of work and merely an thought. Works such as writing a volume, creating a song or a painting by a painter are all forms of artistic works which take a great amount of time, effort and resource. All of these works are at take chances of existence copied, herein copyright registration plays an important office. Information technology saves a person'southward piece of work from being copied without the author or possessor's permission. Though copyright is subjected to limitations that are based on the public'due south interest with a time limit.

The master aim of copyright is to encourage and provide an incentive to the owners or authors of the original work and which too provides benefits to the writer and the public. The owner receives awards in budgetary forms for his creative works and the public in the course of drama, music, art, stories, etc.

How does copyright help y'all

Copyright ensures that no person uses someone else'south work without their permission. If suppose a person uses other's work, that person can merits amercement, tin file a suit and etc. What can a copyright owner do? He can reproduce his work, tin create more copies of the original content, he can also distribute the copies for a price or he can brandish his work, for example in a museum or fine art gallery or a roadshow, etc. A copyright possessor can even transfer his correct by a contract to any person.

Advantages of copyright registration

Copyright protection is bachelor even without registration of copyright. Whatever person can sue or claim amercement. Just after registering for copyright registration, the owner of the work gets extra benefits that he tin can enjoy subsequently registration. The following are the benefits of registration of copyright:

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Public record of ownership

One time the copyright of the work is registered, it is notified to the public and becomes searchable. It is as well documented in the name of the owner . This not only protects the work but likewise 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 merits that he did not know about the owner or his work, or can doubt the originality of the owner's work, the possessor gets the credit for his work and also builds a good reputation amid people. The public tape of ownership is of import every bit many times, the buying of the owner over copyright is in question.

Presumption of ownership

The buying is presumed if the registration is washed earlier or inside v years of publication of the piece of work. It forms the prima facie evidence for the validity of the ownership. In example. Anyone challenging the ownership shall take the burden of proof on him. This presumption of ownership is needed in case someone tries to infringe, causing serious impairment and then the owner can take an firsthand court order to restrain that infringer.

Stand out in the oversupply

At that place is tremendous contest everywhere, it is very important to stand out in the crowd. A person may find himself surrounded by competitors when he starts something new or does some piece of work then it is important to showcase his work out of a pool of the aforementioned category of people. By registering his work as copyright, which may exist a pocket-sized piece will lead to inaccessibility to competitors. This will not only assistance in standing out but also gives a push in the profits.

Ability to enforce Copyrights by filing a lawsuit for Copyright infringement

The most of import advantage of registering the copyright. The possessor can file a lawsuit against the infringer. An unfortunate event can happen wherein the possessor can file a suit and seek damages from the infringer. If the copyright is non registered so the possessor has to prove his right past commonage evidence against the infringer and the brunt of proof volition prevarication upon the owner. The copyright registration can be considered as a pre-condition for filing a lawsuit.

Department 48 of the Copyright Act states the validity to entries of the registration certified by the Registrar of Companies as prima facie.

For example, if a YouTuber uses any music of whatever other person without his permission in his video, then that owner can file a adapt confronting youtube seeking damages.

Eligibility for Statutory Amercement, Attorney Fees, and Costs of Conform

In example of a copyright infringement, the owner becomes eligible to claim statutory damages. Registration becomes very important in this case as proving damages becomes a difficult task for a example of infringement. This also relieves the possessor from proving the actual damages. The copyright possessor will also exist awarded a sure corporeality of coin for every case of infringement. Registration of copyright during this period as well qualifies the possessor to obtain an award of attorney fees and costs of accommodate. In copyright infringement cases, the fees of the chaser and legal fees are very expensive, and it is the discretion of the court to award chaser's fees and legal costs to the owner of the copyright.

Protection Against Importation of Infringing Works

There is 1 program in the USA which is known as the U.S. 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 USA.

Protection of monetary losses

An of import reason for the registration of copyright is the protection of monetary losses. The original works get copied hands hence it becomes necessary to protect the original work from existence copied. In India, the word piracy is used for referring to copied work. Movies, videos, games and etc which are pirated are unremarkably bachelor in every city or are illegally downloaded.

Instance police force

In Dhiraj Dharmadas Dewani v. Sonal Info Systems Pvt Ltd , it was held by the Bombay High Court that if an possessor of copyright wants to invoke ceremonious or criminal remedies under the Copyright Human activity, then he should accept a copyright registration. The court observed that the chief role 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 option of the author or owner 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 office.

Menace of non-registration

Although registration of work is not mandatory to receive protection every bit it automatically gets protected when the work is finished. The registered copyright can also be reproduced, sold and performed but the chances of reproducing unregistered original piece of work are of greater chances than registered 1. The registered copyright is proof of any original work, it proves that the owner has the sectional correct over the work. In example, the work is non registered it becomes difficult to prove the ownership, and protecting the work from being copied or reproduced from others becomes fifty-fifty more difficult. If the work is not registered the risk of copying increases and following are the limitation which leads to limitation:

Conform for infringement- in case of not-registration of copyright, the suit for infringement cannot exist filed and in order to bring a accommodate for infringement, the copyright must be registered. It is also a prerequisite under the copyright act to bring a suit of infringement and the registered copyright is a prima facie evidence of the original work confronting which the suit can be initiated.

In case of raising a loan, registered copyright helps in getting one on the ground of the work.
If the piece of work is not registered and so the owner of the original work cannot end someone who is infringing his rights unless he registers his work.

Damages of the suit- in case of an unregistered adjust of infringement, the owner only gets for the actual loss and the amount gained past that person who used that work. While in instance of registered copyright, the possessor gets the statutory damages along with the attorney's fee and thus it saves a substantial corporeality for his registered piece of work.

Conclusion

The registration of copyright is extremely important to restraint someone from using the original piece of work of the possessor who gave his time and efforts into information technology. Though the registration is not mandatory merely by registering the work as copyright, the owner gets numerous benefits. The possessor has all the proofs regarding his work in case of an infringement, he 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 also a good reputation. Even the owner enjoys profit on his piece of work by publishing, distributing, or challenge damages for infringement. The copyright registration also protects the possessor from piracy which is extremely important. 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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