What is the meaning of Copyrights?
Copyright Registration is designed to ensure the rights of creators and original artists. Anything that’s physical form is eligible for copyright protection. That means that copyright doesn’t cover any concept or idea. Once a piece of work is placed in a tangible format the protection provided by the Copyright Act automatically applies to the work.
In other words, Copyright is a form of legal protection which gives you ownership rights over your original work. If you produce an artistic work that is covered by the scope of US copyright laws, it is automatically legally protected.
There has been an ongoing debate periodically about whether the nature of registration of copyrights is compulsory or not. In the majority of legal cases in India, it has been decided that registering the copyright is not a requirement although there have been a few rulings that state otherwise.
What are the exclusive rights that a Copyright Owner has Over their Registered Copyright?
Similar to trademarks, registration of trademarks is not necessary to obtain legal protection in the case of copyrighted work. Copyright rights are automatically granted to the creator when a creative method of expression is recorded in a tangible form. However, there are major advantages to the registration of your work in the Copyright Office of the United States Copyright Office. The benefits are:
1. Public notice of ownership:
The work you created will be listed within the Copyright Office’s Catalog and accessible to the general public. Anyone who is considering making use of this work can browse the Catalog and verify your work is protected. This serves as a constructive reminder to the public that you are the owner of the work. It also assists in overcoming the claims of “innocent copyright infringement.”
2. Legal proof of ownership:
If someone steals your work, registering it will prevent a costly dispute about the ownership. The copyright registration you have made will be evidence of ownership and help you avoid legal obligation.
The registration of your copyright will prove the legitimacy of your copyright when it is recorded within five years after publication. This could prevent the possibility of future contests to your rights to the work.
4. The maximum amount of damages:
In the absence of timely registration, an owner of a copyright is only liable for actual damages in the event of a violation. These may be minor or hard to establish. If a copyright is registered the holder of the copyright is entitled to damages under the law and attorney’s fees.
Instead of having to show that there are actual damages, a person who registers their rights in time is able to claim legal damages that can be as high as $150,000 per infraction, as well as attorney’s costs. In order to be eligible for these damages, registration must be filed within three months after the work’s publication or before the violation occurs. Thus timing is crucial.
5. The ability to bring an infraction suit:
One of the benefits is that it allows you to bring an infringement suit. Although a copyright holder is entitled to rights in the work, these rights, with a few exceptions are not enforced through court unless the piece has been acknowledged by the U.S. Copyright Office. Without registration, the holder of a copyright cannot file a suit against copyright violation.
Benefits the Owner will miss if a Copyright is not registered?
In the greatest interests that the proprietor sign up their copyright. The reason is that registration of copyright grants owners additional advantages. Although you are protected over your work as soon as the completion of your work, however, there are rights only available to a licensed owner of copyrights. The disadvantages of not having registered copyrights are:
Copyright owners who are not registered are less likely to duplicate their work, whereas the owner of copyrights registered can create the work, sell it, and even perform the original work with ease.It is easier to obtain loans if that copyright has been registered. It is much easier to get loans when based on a copyrighted registered work than unregistered copyright.
Copyright owners who are not registered can’t stop someone from infringing his rights unless the work is registered.
Do You Really Need A Copyright Notice?
You don’t have to put up a copyright warning since there is no legal requirement for it and copyright automatically applies to original pieces. It is an excellent practice to place a copyright notice on each of the published works you publish to add an extra layer of security.
A copyright notice informs the user of the fact that their work has been copyrighted decreasing the likelihood of copyright violation. If an infringement occurs it is important to have a copyright warning. It aids in proving your legal case in court because the infringer must have known that your work was copyrighted.
Another benefit of registering copyright
Let’s take a look at the most important benefits you can enjoy by undergoing an application for a copyright registration-
Legal proof The biggest and greatest benefit of having an application for a copyright. With a copyright the work you create is legally recognized as belonging to you. This ensures that it is protected. If anyone violates or attempts to duplicate your concept, design or item, then you may use the copyright registered in a legal case. This will instantly and quickly shift the balance towards you. If you do not have a copyright, you might have a difficult time to argue against such a claim. If you have an already registered copyright the issue are easily resolved.
We also have another benefit of copyright registration. If you copyright your work the work is documented under your name. In addition to protecting your work, but it also confers ownership rights and lets your name be distributed more easily within the world of the common domain. This gives you a name that is reputable and dependable to the work or concept.
It also keeps others from claiming ownership and falsely claiming to have made or invented that specific piece of work. It is impossible to claim that others not have known about your ownership of the work and claim your work for their own. This goes quite a ways to protect your name within your industry and could be reflected in financial and honorary earnings.
The early registration period:
Although you could have a few years on your possession to register your copyright, however it makes sense to avail the benefits of early registration. It is essential since if you delay then someone else could jump in and file a similar copyright under their own name. In the event that they do, you’ll have no rights over the original idea, design or product even though you’re the legitimate owner.
It’s very easy to complete an application for a copyright registration under your name. The procedure can be completed on the internet in a brief amount of time. Don’t be patient for the chance to occur, as the moment it happens, it could have been too late for you to reverse the situation and bring back the potential of your company.
Makes you stand out from the crowd:
At each moment there is a lot of competition. You might find yourself caught in the midst of rivals when you begin an enterprise of your own. A copyright registration can prove useful in the right time. If you copyright even a tiny item, you can keep it from being accessible to rivals. This can make you stand out from the crowd, and will give an immediate boost on your earnings. Be aware of this important benefit of copyright registration when you begin your own company.