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Why and How to Register Copyright in Your Work

Why and How to Register Copyright in Your Work

Copyright is an exclusive right, where none other than the author of the work is permitted to make use of it- this can extend even to derivative works such as adaptations or translations. In such a situation, registering a copyright becomes important for an author who wishes to prevent others from reaping the benefits of their hard work and effort. Such protection ensures that the author gets their due credit- mostly in the form of monetary rewards and royalties- for the work that they have produced. While this has significant benefits for authors and publishing houses, enabling them to take action against people who wish to pirate and sell their work, copyright is also available- and beneficial- for businesses, where certain IP rights are quintessential for them to market their work.

In order for a work to be protected under copyright, it does not need to be formally registered, as mandated by the Berne Convention (which India is a party to). However, registration gives a prima facie evidence to the author to prove that he is its owner, which can be used as a defense in case of infringement proceedings. Additionally, aside from the rights mentioned above, registration allows the owner to make it a matter of public record and obtain a certificate in this regard. Obtaining a copyright in a work is relatively easy- unlike other property rights, it does not require constant upkeep and investment.

In India, the registration process is simple- once the application is filed online, along with the application fee, it is scrutinized for objections. If no objections arise within the stipulated period of thirty days, it is examined formally by the Registrar, who then gives his approval or disapproval to the application. In case of admitted objections, the examination by the Registrar is precluded by a hearing. If approved by the Registrar, an entry is made in the Copyright Register and an extract is sent to the applicant. One can thus conclude that unlike the messy and time taking patent protection process, registration of a copyright is a piece of cake.

In conclusion, the foundation of copyright law rests on the premise that a creator should have control over his work- he should determine the how the product of his creativity and effort be used. Whether it be in translating a sparkly vampire from a book to the screen, or the movie rights to the Godfather, registration of a copyright is essential to protect such work.

Published by – Biswajit Sarkar: Copyright Lawyer India

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