Suppose!! You have been putting so many years in creating a unique topic for writing a novel. And finally your novel started getting praises that you dreamt of and became the subject of discussion among so many of novel lovers. But suddenly after some time, someone else started making money by using your topic and published the same novel with his own name. Well in that case what will you do?? Obviously you will knock at the door of the court and would want to sue the person for plagiarism your hardwork of searching a unique topic. But unfortunately, if the court will say that they can’t help you out in this matter due to unavailability of any supportive proof. Then this will add insult to your injury.
In the above case, if you would have done copyright registration, then you were entitled to take royalty or you had the full authority to go to court and to make a case on that person who cheated on you.
So basically, Copyright is meant for all those creators or authors who levied their actual expressions in producing or creating something, be in terms of any books, designs, music, paintings, designs, maps, lyrics etc. Copyright provides a legal right to sue a person in case of plagiarism your actual labour or hardwork (whether published or unpublished) which you put in for creating a unique invention
WHAT IS COPYRIGHT REGISTRATION
For the sake of intellectual property an Act has been made in India i.e. Copyright Act 1957. After so many of amendments till date, this Copyright Act 1957, finally came into existence in January 1958. However, its last amendment took place in 2012. According to Copyright Act 1957, a copyright which is created by the law of a country is a legal right that provides the first creator of an original work, exclusive right for its use and for its distribution thereof. So that safeguards of the rights of authors or creators for their creations or inventions can be ensured, protected or rewarded thereby. This act provides a copyright protection to the economic rights and moral rights of the actual creator or author or we can say that it is a kind of monopoly over an original work. This act also ensures that an original author or creator of the work should always be treated as the first owner for a definite period.
Under Copyright registration, there are some limitations in terms of time period as said above. In India, this time period extends upto 60 years after the death of the author. So that after being enjoyed of our copyrights by imposing a limit for a certain period, then our society could also be build on and stay benefited thorough our creations or inventions. Also it covers the expressions of ideas but not the actual ideas of creator. The following works can be protected through Copyright registration:-
- Literary works – It includes the works related with imaginative or creative writings. Like books, scripts, an article in newspaper, blogs, brochures, novels, pamphlets, computer programmes, tables, compilations, codes etc.
- Artistic works – It includes objects which have been made by an artist acquiring great skills. Like drawings, paintings, statue, logos, sculptures, photographs, plans, maps etc.
- Cinematographic works – It includes the work of visual recordings through which a moving image may be produced. Like videos, movies etc.
- Dramatic works – It includes the specific mode of fiction that can be represented in performances. Like plays.
- Musical works – This means a work that consists the music and also includes graphical notations excluding any words or any actions that can be sung, spoken or performed. Like graphic music
- Sound Recordings – This includes recorded audios. Like songs, a recorded speech etc.
- Choreographic works – This means the art or practice of designing the various sequences of movements of physical bodies. Like dances, ballets etc.
- Architectural works – This means a design of a building as embodied in tangible medium, habitable by humans and intended to be permanent. Like Buildings.
ADVANTAGES OF COPYRIGHT REGISTRATION
There are several advantages of copyright registration in India.
- RIGHTS TO SUE IN CASE OF INFRINGEMENT – This advantage is the foremost for copyright owner against infringers. As copyright registration gives the legal right to the owner of the creator or author to sue the person in case of infringement. And if the offender claims the ownership of your particular work (created or invented by you), then you also have right to oppose the offender. For that, you just need to present the related evidence in the court stating the validity of the copyright (which is mentioned in the certificate of copyright).
- CLAIM ROYALTY – Under copyright registration, the owner (writers, performers, artists etc.) are entitled to claim royalty for their works. The copyright act (amendment in 2012) also states that a person is banned to bring out cover versions of musical, literary or dramatic work for the definite period of five years from the first recording of the original creation. That is why, Copyright registration is mandatory for the safety of your creations otherwise your intellectual work would be exploited and hence will not get any royalties and compensations for the same..
- CLAIM STATUTORY DAMAGES – Suppose, you already have done copyright registration, but suddenly someone else plagiarism your product or work right after the copyright registration. Then in that case, you can claim an amount of compensation for losses. As under this copyright registration, the owner is entitled to claim statutory damages in a high court.
- LEGAL PROTECTION OF WORK – Copyright registration provides the legal protection that safeguards authentic and original work of the owner. It means that the owner just need to register his work once under copyright registration and the rest will take care of by the Court. In case, if someone steals the actual project of the owner or try to reproduce the same without any authorization then the owner needs not to worry. He just can enjoy the legal protection and thereupon liable to cover his damages.
- PUBLIC RECORD – Copyright registration gives the copyright holder a legal right to create a public record of self ownership. An owner also have right to issue several copies of the work to the public without being already sent copies for publication. Also, in case of any translation or adaptation of work, the owner is also entitled to perform the work in public or communicate the same to the public.
- RESTRICTION ON UNAUTHORISED REPRODUCTION OR DUPLICATION – Copyright registration ensures that the original owner or author of the actual work would always be called the first owner of that particular work or product. In this way, this act provides the preference to the owner of work. So that, unauthorized reproduction or duplication of the unique work would get restricted legally.
- GOODWILL – Well sometimes, it takes so many years to earn goodwill for yourself or for your unique creation. Also goodwill defines the quality of that particular product or work. But if you get copyright registration done, then this can help you to earn goodwill for yourself or for your creation. As a result, people will judge your product through your goodwill. So, please don’t forget to do copyright registration for your creations.
- GAINING POPULARITY – After getting done with the copyright registration, your creative work would starts getting promoted in big markets at mass level and people would come to know about your registered work easily. Then, the people would definitely be forced to keep your product in their minds before any purchases. In this way your product would gain popularity among so many of customers.