4 Things to keep in mind while claiming copyright registration

Introduction

A person needs to be creative to grow socially and economically. Copyright encourages the creativity of the original author or creator by providing them with specific benefits and exclusive rights, which in return motivate him or others to be more creative. Copyright registration grants an individual or entity exclusive ownership of their original work, such as books, scripts, software, artistic, training manuals, films, records, paintings, programming, and design.

What is copyright registration?

Copyright in simpler terms means the right to copy. Copyright gives an exclusive right to an individual or an entity toward their original works. It is a right conferred upon the author or creator of the work that no one can copy or reproduce or replicate their original work without their permission as per Intellectual Property Law. This means that without the authorization of the owner, no one can reproduce or replicate their original work.

However, an individual or an entity is allowed to charge for using their work or modifying the same. It ensures that the rights of the creator are protected from any infringement. Copyrights are also transferable.

Importance of Registering the Copyright Work

Registering your work is beneficial as it offers you an exclusive right to your work. By obtaining a registered copyright, you gain the ability to:

• Engage in the sale, rental, or distribution of your original work.
• Reproduce your original work or create derivative works based on it.
• Communicate your copyright to the public.
• Publish your work both online and offline.
• Authorize others to use your work.
• Create variations or adaptations of your work.
• File a legal suit for copyright infringement.
• Utilize your copyright registration certificate as prima facie evidence in court to establish ownership of your work.
• Seek damages and attorney’s fees in the event of copyright infringement.

Therefore, registration of your work is important if you want to enjoy the advantages and rights. You will also gain financial help as a result of the exclusive rights of registered copyrights.

What are the things to keep in mind while claiming copyright registration?

The following things to keep in mind while claiming for copyright registration:

1. The work must be tangible

The original author or creator can claim copyright registration when the work is in tangible form. In other words, ideas, concepts, or thoughts cannot be registered as copyrights. It is created when a thought or idea is expressed in a tangible form, such as written or recorded. However, it can be a work in progress, a finished product, or published or unpublished work. Therefore, you need to organize your ideas and bind them into a tangible form in order to claim copyright.

2. The work must be original

The original author or creator can claim copyright registration when the work is original. For this neither originality nor quality is necessary. Even if the work is poor, it is still protected under copyright. Similar works which are made with different methods or formats are protected under Copyright Law. But rather than stealing work from other sources, one should create original work.

3. The work must be creative

The work must be more than just a product of effort; it must be original and creative. For instance, a basic list of ingredients for cooking is usually not protected by copyright. However, a detailed recipe of food that can be prepared using the ingredients can be covered under copyright laws.

4. Other conditions for copyright registration

The work for which the creator is claiming copyright registration must not be published before. The creator must be a resident of India in both cases, before his/her death, and while publishing the original work.

What types of works are not protected under Copyright registration?

The following kinds of work are not protected under copyright law:

• When the work is not in tangible form
• When the work is already published in the public domain.
• When the copyrighted work has already lapsed the expiration.
• When the work is under the preview of Trademark Law like name, slogans, facts, methods, symbols, and designs.
• When the work is under the preview of patent or trade secrets like ideas, procedures, concepts, discoveries, and guidelines.

Wrapping up

We will wrap up by saying that the conditions mentioned in this blog for claiming copyright registration must be fulfilled by the author or creator. It is important to encourage creativity, which creates a prosperous society. Therefore, the copyright law of the country cannot be rigid.