Copyright Registration

Copyright Registration: Copyright is a kind of intellectual property protection like trademark and patents. registration of copyright is done following the Copyright Act, 1957. With copyright being registered, you become a legal owner of your creative work in respect of books, paintings, music, website, etc. being Copyright registered with the authority secures the creative work of the author cannot be copied. No person is allowed to use the same without the permission of the author or creator. The author is entitled to charge others for using his work or changing it. Copyrights registration safeguards the rights of the inventor from infringement.

 In India, the registration gives its owner exclusive, individual rights to distribute, replicate, reproduce the work or give authorization to another entity for the same. It offers a bunch of rights – communication to the public, rights of reproduction, adaptation, and translation of the work. However, ideas, procedures, methods of operation or mathematical concepts cannot be copyrighted.

Benefits of Registration for Copyright :

1.  Public notice of your ownership.  Your work will be published in the Copyright Office’s Catalog and will be searchable to the public.  Anybody thinking of using this work will be able to search this Catalog and see that your work is protected.  This gives constructive notice to the public that you own the work and helps defeat claims of “innocent infringement.”

2.  Legal evidence of ownership. If somebody takes your work, registration will avoid a costly dispute over the actual ownership.  Your copyright registration will provide proof of your ownership and relieve you of this legal burden.

3.  Validity.  Your registration will demonstrate the validity of your copyright if it is registered within five years of publication.  This can prevent future challenges to your rights in the work.

4.  Maximization of damages.  Without a timely registration, a copyright holder is limited to actual damages in the case of infringement.  These can be nominal and/or difficult to prove.  With a registration, the copyright holder is entitled to statutory damages and attorneys’ fees.  Rather than having to prove actual damages, a copyright holder with a timely registration may be eligible for statutory damages of up to $150,000 per infringement, plus attorneys’ fees.  However, to claim these damages, the registration must be made within three months of the work’s publication or before the infringement occurs.  Therefore, time is of the essence.

5.  Ability to bring an infringement suit.  Perhaps the most important benefit.  Even though a copyright holder has rights in a work, those rights, with limited exception, cannot be enforced through the courts unless the work is registered with the U.S. Copyright Office.  Without registration, a copyright holder cannot bring a lawsuit for copyright infringement.

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