RESOLVING THE DILEMMA OF “MAKING A REGISTRATION” AS
THE PRE-REQUISITE FOR A COPYRIGHT INFRINGEMENT SUIT
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According to Article 5 of the Berne Convention, copyright protection is not dependent on obtaining a certificate of registration. Thus, an original work expressed in a fixed form would get copyright protection automatically, once it is created. However, to file a suit for infringement of that work, a copyright registration would be a pre-requisite, since it is the prima facie evidence of the copyright that a creator has on his work. However, the practical dilemma is with whether merely applying for copyright protection could enable a creator to file an infringement suit or should the creator have to wait for the registration certificate to be granted by the copyright office before filing the suit. This dilemma should be understand from the context that even after the creator applies for the certificate, the copyright office might take months to grant the registration certificate, thus causing regulatory hindrances to protecting one’s own copyright. Thus, the question arises as to whether the mere action of applying for the registration certificate would suffice for filing an infringement suit, instead of actually obtaining the certificate from the copyright office. It is this legal quandary that this case attempts to address, while proving to be pertinent in understanding the jurisprudence behind registration of copyright.
*Submitted by: Nithya.C,
Under: Jnana Teja Bandi, RA-IPR Chair
As a part of Internship Under DPIIT, MCI Chair on Intellectual Property Rights & Centre for Intellectual Property Rights Research and Advocacy National Law School of India University, Bangalore.