Top 6 advantages of copyright registration against infringement

by Bizopedia · Published February 17, 2021 · Updated December 24, 2021

Copyright act – A tool against infringement

The copyright act, 1957 governs the subject of copyright in India. This act has been applicable since 21st January, 1958. The copyright act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses or infringement in future.

Registration of copyright in India

The registration of a copyright is not mandatory in India. Registration of a copyright is merely considered as recording of facts. The registration does not create or confer any new right and is not a prerequisite for initiating action against infringement.

Copyright registration process in India

Filing of copyright application
Inspection of trademark application
Registration of copyright

Top advantages of copyright registration against infringement in India

Copyright arises as soon as an original work is created. Copyrights protect works such as writing, book, music, cinematography, poem, movies etc. Copyright for a work provides various rights to the owner which includes the right to reproduce, the right to copy and the right to redistribute original work.

Moreover, to use an original work or to redistribute it you would need consent from the original creator. However, it has been observed that absence of a registered copyright can lead to certain malpractices like copying or infringement of original work. This trend has specially been observed in movies and songs of the past. Creators tend to infringe upon other’s work in absence of registered copyright associated with original work.

Although, copyright arises as soon as a work is created. Bu, it is still beneficial to consider copyright for a work as it enhances the value of a copyright. In this article, we would look into top advantages offered by a registered copyright-

Record of ownership in the public domain – It is one of the most effective tools that can be used against an infringement of work in future. Registering a copyright creates ownership over it in public domain. Owner of a copyright can still action over a infringement by showing ownership over a copyright. However, some individuals can still copy or redistribute your work even after knowing ownership of a copyright. A valid registered copyright can go in a long way to demand legal action against copying of work in front of legal authorities. Burden to prove ownership over a copyright is always upon the creator and a registered copyright goes a long way in proving it.
Presumption of ownership – Legal authorities have held that registration before, or within a certain period of, publication of the work establishes prima facie evidence of the validity of the copyrights. This provides a valuable tool at the hand of a copyright owner who wants to take legal action or stop infringement on his original work.
Ability to file lawsuits against infringement – You cannot file a lawsuit against infringement of your work unless you have registered your copyright at Indian copyright office. Although, copyright is created immediately as soon as original work such as music or a website is created. However, It takes around 9 months to register a copyright in India. Copyright registration certificate mentions owner of the work as well nature of work. In absence of a valid copyright registration certificate, you would not be able to take legal action against copyright infringement. Owner having a copyright registration is always at a better position than a copyright holder without registration as he can take immediate action against copyright infringement while later one has to wait for several months before his copyright is registered.
Perfect tool to claim damages – Owner of a registered copyright is eligible to claim award for damages caused due to infringement. Copyright registration also allows the copyright owner to claim certain amounts such as legal fees which are caused by copyright infringement hearing.
Incentive to create original work – A registered copyright can offer several intangible benefits to a creator of the work such as incentive to create original creative work. For example, if you know that work being created by you can be perfectly monetized by you only and a person doing infringement would be dissuaded by a copyright then you can devote your total energy and other resources to your creative work.
Prestige – A registered copyright can provide the owner of the work prestige that certain work belongs to him and her only. This acts as tremendous motivation for a creator who is working on an original work such as writing a book or making a movie.

Although, a copyright arises automatically as soon as work is created. It is always advisable to register a copyright against infringement in future. Several advantages offered by a registered copyright includes making a record of copyright ownership in the public domain, presumption of ownership, ability to file lawsuits against infringement etc.

Additionally, it offers certain intangible benefits such as incentive to create original work and prestige in creating original work. Creating work like a movie, song or a book is a thing of creativity. It would not be possible to focus on creative work if the author has infringement in back of his mind. A valid registered copyright can create a strong defense mechanism against copying or redistributing work by an infringer.

It has to be kept in mind that a copyright registration is not the final solution against such malpractices. Author of a work has proactively searched for infringement of his work in the public domain and taken legal action against it with the help of copyright registration.

Meanwhile, registering a trademark is also one of the most important business decisions taken by a business owner. There are several advantages offered by a registered trademark. You can read below mentioned articles to get to know more about importance of trademark registration and trademark search-