Is Copyright Registration Mandatory

We often get asked by clients whether copyright registration is mandatory and if not – why is that the case? How are the protections offered different for a trademark versus that offered for a copyright. So we have put together a simple blog post outlining the general nature of copyright and why registration of copyright is not mandatory to get protection under law.

Introduction

Intellectual property is the creative work that human intellect creates. It is created in the mind of the owner before it can be reduced to material. This intellectual property is protected to encourage creativity and promote science, technology, literature, and other creative works. Innovations and creativity are essential for today's success.

Is registration of Copyright mandatory?

It is important to remember that Copyright is granted to the Work from the moment it is created. Therefore, registration is not required. You don't need to register your Work in order to enforce or remedy Copyright infringement.

Advantages of Copyright Registration

It is then a question of why one should even bother to apply for registration. Below are some benefits of "copyright protection" via registration. This is in addition the exclusive use of the Work or monopoly granted to law-abiding owners.

• Copyright Registration provides prima facie evidence. Section 48 enables the Act to provide for prima facie validity to Work and owners to obtain a preliminary injunction against Copyright infringers. It serves as evidence to prove the ownership of Work.
• Global protection and unauthorised use: The Berne Convention states that if a work is copiedrighted in one Contracting Country, the owner would have the same privileges as in another Contracting Country. Although copyright registration is not mandatory, it does provide a handy locus standig for the owner.
• Economic Rights are attached to Work: Copyrighted Work gives the rightful owner economic rights. You can earn royalties if the Work owner authorizes others to: a) reproduce the Work as sound recordings or printed publications, b) distribute copies, c) broadcast the Work to the public, or any other communication. You can adapt Work, such as a novel being made into a screenplay or a movie. Copyright registration of Work can also help owners to earn financial rewards.

·         Keeps track of the Work and the date of publication. The Register of Copyrights lists the owner of the registered Work. This allows the owner to keep track of the Work. Copyright registration also includes the date of publication, which is important in determining the validity of infringement cases. It is therefore easy to identify an instance of infringement.

• Licencing right to owners: The Copyright owners have the right to license their Work to others. Registration of Copyright enables anyone to ascertain the true owner of the Work and there is sufficient confirmation that the Work belongs to the licensor. For exploiting one’s own Work, Copyright registration thus plays a crucial role.

• One-time registration: The Copyright registration is a one-time process and hence it saves the trouble of renewal. The term for which this right is granted is very long and it allows the owner to exploit his Work throughout his life and his ownership becomes a matter of public record.

Non-registration of Copyright

Registering a Work is not necessary to obtain protection. However, once an original Work has been completed, Copyright immediately protects it. Non-registration of a Work for Copyright does not pose any risks or disadvantages. Registering your Work helps you to protect it. However, the owner cannot be stopped from seeking remedies in case of infringement by not registering their Work.