Copyright is a private right for the protection of intellectual property granted to the creators of original works such as literary, dramatic, musical and artistic works, cinematography films and sound recordings under Indian law. It is an exclusive right to do or authorize others to do certain acts related to their original works. The importance of copyright has increased enormously in the recent times due to the rapid technological development in the field of printing, music and computer industries. The law of copyright in India is contained in the Copyright Act 1957 as amended time to time. Infringement can be stopped by an action for infringement. The remedies available are an injunction and damages or account of profits and in some cases conversion damages.
Copyright registration plays very important role, if the owner has registered his work than he can easily face the infringement cases. As per the Copyright Act, in the Register of copyrights all the details of the work are entered which will act as prima facie evidence in all courts. Copyright protection is required for evidence to support the claim when the work gets infringed. Though under international law copyright protection is automatic but it is helpful in an infringement suit. Hence there are several factors for the protection of the work
Ensure Your Work is Properly Marked:
A correctly worded notice will deter infringement. Although work is automatically subject to copyright protection under law but displaying a notice shows that you have an awareness of copyright and take infringements of your work seriously.
Register your work:
In the infringement suit, the valuable evidence can be provided by copyright registration with verifiable proof of the date and content of the work.
Agreement Between Co-authors:
If your work is a joint venture, than all the parties should be sure about their position, rights, and what happens when someone leaves.
Owing to the international character of copyright various countries have joined to form conventions for the protection of copyright owned by its nationals in other countries. The Berne Convention and Universal Copyright Convention are the result of such joint effort. Most of the countries are members of one at least of these conventions. India is a member of both these conventions. Accordingly Indian copyright owners can protect their work in almost any country in the world.
In the rapidly changing technological environment, copyright protection is being extended to many areas of computer industry and the owner of the original work must go for copyright protection to secure his work.