Is Copyright Registration Mandatory to File an Infringement Case in India?
The pace of development in different fields is increasing each day. New Copyright Registration inventions are being developed by innovative minds across the globe far and wide. How does each company come up with originative products that make our life easier? Are they sure if they are the first one to come up with these? Let’s find out about the validity or white-collar called copyright.
What do we mean by novel products?
A novel product is one which is not available elsewhere and when you get it copyrighted. It is said to be a novel product, right. Now you have a cringe idea of copyright. But, still to go.
Before deep-diving into the copyright registration concept, everyone must have a clear understanding of copyright.
Copyrights are not for inventions:
Copyright and patents are different from each other. Specific inventions by any individual or company can get patents for their hardware.
Patents don’t fall under the development of software like OS for different applications in-game, bank, and even for the content Social Media platform too. The examples above are applicable only under copyright law. It also lies under the work ethic of music and cinema.
Pretty sure that you got the ultimate concept of all about copyrights. It is time to focus on whether copyright registration is essential or not?
The Indian Copyright Act of 1956, states that the original creator of the work in any domain is being protected from the fraud acquisition of acquiring the ownership of someone’s and getting money out of that. Registration of copyright is useful for creators to publish their work publicly. It helps other creators who are improvising on the invention with the ability to use the available content with proper standard licenses.
Advancements in technology have created a great impact on the availability of information, and sources on the internet, and in the physical world too. This copyright registration has been in the action that gives strength to the creators to share their work ethic to the virtual world and encourage enormous creators to do the same as it is protected, without any infringement.
An interesting thing to note is,
Copyright has the same impact on other countries like the United Kingdom, United States of America. To be precise, If a creator publishes his work in India can have his content protected from all over 184 countries. To view the positive impact of encouraging the creator by this copyright act.
Is it necessary to register?
The beauty of this copyright is when the creator publishes his/her work automatically comes under the copyright protection act to this each individual need not register for copyrights. Wow, seems to be flabbergasting.
According to the Copyright Act of India, when it comes to infringement, it has to be established apparently before filing the case,
Let’s know what the requirements for claiming copyright infringement are,
1. Novel products,
2. Copyright registration.
Yeah, if your work is original. Hurrah! You shall apply for copyright infringement.
Who can file an infringement case against copyright?
We are aware of the protection for copyright work automatically. But, when it comes to infringement of the unregistered content, and the candidate who hasn’t copyrighted his invention has no way to file a case to obtain his/her ownership.
What can unregistered copyright do to protect their work somehow?
They can fix a label containing these words such as “All rights are reserved to so on so company name.”
Effects of unregistered work:
1. Can’t file a case against infringement,
2. Lots of money has to pour for the lawyer,
3. The ingeniousness product if not copyrighted cannot be established worldwide without receiving any credits from the owner.
Let’s view the benefits when the work is registered,
Criminal action can be taken on fraud when your work is cloned or reproduced. But, whereas unregistered ones can only take civil action against the bilks and can get the actual losses. It is harder to prove your point in court if your product is not copyrighted.
Copyright registration has to be made immediately after the invention is made. Copyright registration thereby disables the fraud to obtain advantages from this.
The registered owners can file a case to the high court to claim statutory damages when their work is imitated and cloned.
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Most important to note:
To protect the challenges of issues related to copyrights, one has to register within five years from the start of the published date.
Owners can sell their copyrighted work to other creators and make money out of that.
Here are some of the requirements to produce for copyright registration.
1. Name of the applicant,
2. Address proof,
3. Nationality of the creator,
4. Language preference,
5. To state whether it is an unpublished or published work,
6. Six hard copies along with three soft copies
7. Important Title,
8. Sign of the creator,
9. And so on.
Even though protection is Impulsive, it is our prime duty to register the novel work of ours to protect from future problems.
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Bravo! So, this gives insight and a perfect platform to move your work with proper documents.