COPYRIGHT

Copyright is the legal protection of intellectual property extended to creators of original works (both print and digital), musical, artistic, dramatic, sound recording, and cinematographic nature

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COPYRIGHT

Copyright is the legal protection of intellectual property extended to creators of original works (both print and digital), musical, artistic, dramatic, sound recording, and cinematographic nature. It is automatically available to creators upon producing a creative expression in a fixed medium, and it reserves them the right to replicate and control the distribution of their work. However, acquiring copyright registration is of utmost importance for all transactions of creative content. 

The registering of copyrights is beneficial in many ways to the authors of creatives or original works, including app creators, bloggers, and video content developers. It not only gives one control over the reproduction of the work, but also opens up opportunities to take the work forward in terms of translations, adaptations, performances, or any other derivatives from the original work. It helps creators to be appropriately rewarded for their work monetarily as well as in terms of credit. They are also at liberty to exhibit their work or transmit or display through radio or video. The opportunities for creative content to grow and generate revenue are exponential, especially in the context of digital platforms today. 

The copyright registration creates a record of ownership that helps creators take legal action against infringement and claim statutory damages. If the registration is not acquired, the process of availing damages in case of infringement can get quite complicated in court. The claim will be limited only to the actual damages and profit. Copyrighting also protects against the importation of infringing copies to India and allows the copyright owner to deal with the import and export of whole or parts of their work. As India is a member of the Berne Convention, the copyright is internationally valid in 166 countries. 

The one who has the copyright has the exclusive right to authorize a third party or an entity to use their original work for monetary benefits by way of licensing of copyright. The legal documentation is subject to certain conditions such as duration of the license, the rights that are licensed, the territorial extent of the license of and period for which rights are granted in a copyright agreement, the royalty payable, terms regarding revision, extension, and termination. The violation of any of these conditions may lead to the termination of the license. 

To obtain copyright registration, an application has to be filed with the Copyright registrar. The application has to be filed depending on the requirements based on the particulars of the work. The forms are to be duly signed by the applicant and submitted by their advocate online along with necessary documents and copies of works. Upon review of the application and in the absence of any discrepancies, the registration certificate of copyright is issued by the Copyright Office. The entire process takes 12 months for completion.