• Sat. Jun 3rd, 2023

What is Protected by Copyright? Why Register Copyright?


Nov 9, 2022

Intellectual property rights (IPR) offer protection and grant exclusive rights to the creator’s work. Copyrights are a form of IPR that protects a wide range of artistic and literary works of a creator. It includes musical, photographic, artistic, motion pictures, and computer programs.

As the name suggests, copyright means the right to copy, which signifies that only the creator of the work has the right to use it. According to the Copyright Act of 1957, the creator gets the copyright automatically for any original work. Then, why should you register a copyright for your work?

What is protected by copyright?

Here are some perks of copyrighting your work.

A form of record

Copyrighting your work legally showcases that the work is protected and the applicant is the lawful owner. It provides credit for your work and builds your reputation in public. Besides, People who wish to license your work can get in touch with you, leaving no room to claim that they were unaware that it was your work.

Action against infringer

You can file a lawsuit against the infringer if someone uses your original work. If the creator did not file for copyright, he has to submit collective evidence that he is the original owner. The copyright registration certificate will be valid proof against the infringer, and the creator can use it as prima facie evidence and claim damages.

Inaccessible to competitors

A creator may find several competitors once he succeeds in his work, and there are several chances for competitors to access and claim ownership of the original work. Hence, copyright registration will signify the work is inaccessible to competitors. Moreover, it will also give a better profit margin as the work is unique and unavailable to others.

Entitled to Attorney fees, Costs of suit, and statutory damages

Copyright not only acts as prima facie evidence in case of copyright infringement, but It also enables one to claim statutory damages. The copyright owner is eligible for a certain amount for every infringement. Furthermore, if there is a copyright registration certificate, the court can provide the owner with the costs of the suit and attorney fees at its discretion.

Proof of validity

You must register your work within five years of publishing it, which will act as proof of validity in case of infringement. The registration certificate will give you a stronger position in court regarding copyright ownership.

Can all original works be copyrighted?

Specific works cannot be protected by copyright though they are original. It includes commonly available information such as calendars, telephone directories, a list of tables in a public document, etc. To avail copyright protection, one should transcribe or videotape your performance, such as speeches and choreography.

You cannot copyright business names, slogans, pseudonyms, product descriptions, or ingredients associated with your business. However, you can opt for trademark registration. Meanwhile, you can file for copyright if you compile your recipes into a cookbook, the recipe has precise and unique directions, or it is a combination of recipes.

You can copyright a particular fabric pattern, but you cannot copyright the dress or shirt that makes a fashion statement.

Hence, creators should be well aware of documenting their work before entering the public domain.

Though copyright registration is not mandatory, it is essential to prevent infringement, and it also helps him to take action against the infringer easily. Besides, the owner could also enjoy a good reputation by securely publishing his work in the public domain. He can also get monetary benefits by distributing, publishing, and claiming damages for infringement.

The post What is Protected by Copyright? Why Register Copyright? appeared first on Intepat IP.

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