process of copyright registration process

Know The Process Of Copyright Registration and Why It Is Important

Online Legal India LogoBy Online Legal India Published On 10 Aug 2022 Category Copyright

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.

What Is Meant by the Registration of Copyrights?

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.

According to the Courts, Is Copyright Registration Mandatory in India?

  • In Dhiraj Dharmadas Dewani vs. Sonal Info Systems Pvt Ltd. The Bombay High Court ruled that in order to pursue any civil or criminal remedy under the Copyright Act, an owner must first register their copyright.
  • To contest a copyright infringement, the same must be registered with the copyright office, in other words.
  • The court made it clear that copyright protection is automatic once a piece of work is completed, thus registration is not necessary to obtain it.
  • Registered copyrights have less of a possibility of being compromised than unregistered ones, even though there is a chance that they can be sold, duplicated, or performed.
  • However, it is advised to register the copyright in the case of software words because it can be difficult to establish ownership in such circumstances.
  • The Bombay High Court cited a number of rulings, the TRIPS Agreement, and the Berne Convention to reaffirm that copyright registration is not necessary for enforcement.

What is the procedure to obtain a copyright registration Online?

 

To obtain the copyright registration the following process has to be followed:

  • The registrar must receive an application (containing all details and the statement of details) in the format of FORM IV, together with the necessary fees (mentioned in Schedule 2 of the act.). For each work, a separate application must be submitted.
  • The applicant and the attorney in whose favour a Vakalatnama or a POA has been executed on each application must sign it.
  • After the registrar issues a Dairy No a necessary 30-day waiting period is required for the receipt of any objections.
  • The scrutinizer will review the application for any discrepancies if no objections are submitted within 30 days. If no discrepancies are found, the registration will be completed, and an extract will be provided to the registrar for entry in the Register of Copyright.
  • If any objections are made, the examiner will notify both parties in writing about them and hold a hearing for them both.
  • If the objections are settled after the hearing, the scrutineer will examine the application and accept or reject it as necessary.

Why Should You Register Your Copyright?

 

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. 

  • If you have a registered copyright, it is simpler to obtain a loan based on the work.
  • Without registering the work, you cannot prevent copyright infringement.

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.

Conclusion

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.

 


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