Under Indian intellectual property law, copyright comes into action as soon as the artwork is created, and no official requirements need to be accomplished for obtaining copyright. However, a certificate of copyright registration operates as prima facie proof in a court in a conflict on holding the copyright.
In India, the copyright protection procedure is regulated by Copyright Act 1957, supported by the Copyright Rules 1958. Nothing in this Act remarks that copyright registration is obligatory in India.
Neither the provision under sec. 13(1) deals with the subsistence of copyright or sec. 17, which regulates copyright ownership, lists enrollment as a pre-requirement for asserting copyright in a copyrightable creation. Additionally, the benefit of the expression "may" in sec. 44 and 45 clarify that registration of the details about a copyrighted creation is not mandatory. Finally, the provision under sec. 48, the copyright registration only functions as prima facie proof of the details entered therein.
The primary case that guided the condition of copyright was Dhiraj Dharamdas Dewani v. Sonal Info Systems Pvt. Ltd.1 Here, the Bombay High Court had held that to summon the civil and criminal restoratives under sec. 51 of the Copyright Act, the copyright owner possesses a valid copyright registration. The Court also marked that an infringer cannot be anticipated to learn about copyright existing over any creation unless it is recorded and posted in the Official Gazette. The judgment was appealed before the Supreme Court but was disregarded, remarking that there is no mistake in the order passed by the High Court. The Apex Court determined to renounce this critical question of law unrestricted, directed to contradictory judgments by various High Courts.
Since copyright protection is automatic when creation is created, registration is not mandated to shield the artwork. However, there are multiple advantages to registration, and therefore it is favorably suggested, if achievable. These advantages include:
1. Bringing an Infringement Action: It allows one to file a case to execute copyright in federal court. It is necessary to apply for registration before the applicant can sue an individual for infringing the copyright, even if the violation has already appeared.
2. Evidence of Validity: It is proof that the copyright is reasonable. This could be crucial if a copyright violation case is brought involving the work.
3. Statutory Damages and Attorneys’ Fees: It facilitates you to appropriate statutory injuries and attorney’s expenditures. In order to be suitable for an award of statutory injuries and attorneys’ fees in a copyright violation case, must register the copyrighted creation before breach initiates or, if the work is published, within 3 months of publication.
4. Creates a Public Record: It places others on information that the work is shielded by copyright and that the applicant is the copyright owner.
5. Satisfies Deposit Requirements: Subject to some peculiarities, the Copyright Act mandates that copyright owners deposit two copies of their creations after the works have been published.