Copyright Registration

Copyright Registration

Scope of Copyright Protection

The Copyright Act, 1957 covers unauthorized use of any original literary, musical, dramatic, sound recordings, cinematograph and other art related work. Both published and unpublished works can be copyrighted, and the copyright of the original work is protected for the original creator. It can also be registered for the work before the Copyright Act came into existence ie: for works that were published before the date 21st January 1958.

Criteria for Applying for Copyright Registration

Persons who can apply for copyright in a work can be an author, the publisher, the owner of or any person interested in the copyright in the work. According to the law, the author is the first owner of the copyright in the work.

Who is an Author?

The term “author” has been defined under Section 2(d) of the Copyright Act as:
in relation to a literary or dramatic work, the author of the work;
in relation to a musical work, the composer;
in relation to an artistic work other than a photograph, the artist;
in relation to a photograph, the person taking the photograph;
in relation to a cinematograph film or sound recording, the producer; and
in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created;

Term for Copyright Protection

Copyright protection is valid for the entire lifetime of the author. It is also valid for another 60 years from the year following the death of the author.

Advantages of Copyright Registration

Branding and Goodwill

Registered copyright can be used for marketing purpose, for the sense of goodwill and quality in the minds of your customer. Registered copyright depicts your authentication and shows that you care about your work.

Legal Protection

Copyright registration serves as primary evidence in the court of law over ownership of the work. Copyright registration provides the owner legal protection for their work.

Creation of Asset

Copyright registration is an important intellectual property and an intangible asset. These rights can be sold, franchised or commercially contracted within the guidelines.

Global Protection

Works that are copyrighted in various other countries have similar privileges here in India. Similarly, works copyright registered in India are accorded protection in many foreign countries.

Restricts Unauthorized Reproduction

Copyright registration shows that you are serious about copyright infringement. This will help hinder unauthorized reproduction of the work as it provides the owner with a host of legal remedies.

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