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The Copyright Act of 1957 gives trademark owners the protection they need to exploit their exclusive rights. Such rights may be utilised by the owner or any person who has been properly granted a licence by the copyright owner. A copyright registration safeguards an individual's creative output. The only disadvantage is that the concepts are not protected.
The insertion of the work in the copyright register kept by the registrar of copyrights pursuant to the Copyright Act of 1957 is referred to as registration of copyright. It is not necessary to register a trademark, nevertheless. However, it is advised that you register your trademark so that you can utilise the registration as proof in the event that a legal dispute based on your innovation occurs. Additionally, registration protects your work from being copied.
To obtain the copyright registration the following process has to be followed:
The purpose of registration is to establish a person's ownership of the original work and their only right to it. Having your copyright registered makes it easier to protect your work from being copied or duplicated by others. Additionally, when the work is not registered, the risk of copying rises, which results in the following restrictions:
Suit for Infringement
You cannot file a suit for infringement if your copyright is not registered. The registration of your copyright is a prerequisite under the Copyrights Act. It serves as prima facie evidence of the original work. Therefore, in order to file such a suit, you have to have your copyright registered with the Copyrights Office.
Damages of the Suit
In the case of an unregistered trademark, the owner of the copyright is only entitled to compensation for real loss and the amount earned by the user of the work. However, in the case of a registered trademark, the copyright owner is also entitled to the attorney's fees in addition to the statutory damages. Thus, the registered copyright owner saves a sizable sum of money.
The Final Verdict
In a few instances, certain courts have ruled that copyright registration is necessary for the purposes of enforcement. The majority of Indian courts, however, have ruled that copyright registration is not required and is only optional. But these divergent conclusions cloud this important matter with ambiguity and confusion. But with this ruling, Justice G.S. Patel has eliminated any doubt in this matter.
Although registering a copyright is not required, it is advised to do so in order to avoid going through the legal processes should the issue of ownership arise. You have two options for registering your copyright online: either do it yourself or pay a company like Online Legal India a reasonable fee to handle it for you. The most crucial factor is a person's originality, which must be safeguarded. If the invention is better protected, the creative mind will function more effectively.