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ARTICLE · 20 NOVEMBER 2017

Advantage Copyright Registration

1.In India, The Copyright, 1957 or its predecessor legislations do not make registration of a Copyright mandatory. A Copyright is protected by virtue of its creation use under the Common Law rights.

IndiaIntellectual Property
N. Mahabir
N. Mahabir
Prakash Arya
Prakash Arya
  1. In India, The Copyright, 1957 or its predecessor legislations do not make registration of a Copyright mandatory.  A Copyright is protected by virtue of its creation use under the Common Law rights.  Registration under the Act does not create the Copyright but the right accrues from first commercial use of the work.  Unlike Trade Mark not all countries have a system for registration of a Copyright Work.  Therefore, content creators and owners should make optimal use the system.
  1. Under Section 48 of Copyrights Act, registration of a Copyright shows that it is prima facie valid.  This is a rebuttable presumption and it can be proved otherwise.  However, the burden to show invalidity of the registration rests on the person asserting it. 

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