Important things to consider about copyright registration in coimbatore

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Important things to consider about copyright
registration in Cbe
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Copyright Registration
Author, an individual human being, is the first
owner of work under section 17
Section 2, 17, 18, 19, 45, 63, 64 Author, an
individual human being, is the first owner of
work under section 17- There can be joint authors
if all contribute for the creation of work.
Partnership act provisions cannot be read into
the provisions of copyright act- Works are not
yet created it should be properly identified to
be covered under section 18 for assignment.
No form of writing for assignment under section
19 laid down, could have been a clause under the
partnership agreement- moment a partner is
putting his work into the common pool of
partnership, he his resorting to assignment which
has be in writing and not otherwise For the
employer to be the first owner of a copyright
within Para (c ) of proviso to section 17, that
kind of works must be created by the author in
terms of employment under a contract of service
or apprenticeship with employer which clearly
spells with the nature of engagement with the
employer that surely has to creates an artistic
work for the employer.
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Colourable imitation
Section 2( C) Designs act, 1911 section
2(1)(5) Designs act, 2000- Section 2(d)- 
colourable imitation or substantial reproduction
of the plaintiffs fabric prints including the
underlying drawings/sketches- artistic wok as
defined in section 2( C) of the copyright act,
1957 is excluded No denial by the defendant of
alleged infringement of copyright- Fragrant case
of piracy of copyrights Registration of the
work is not compulsory and is not a condition
precedent for maintaining a suit for damages for
infringement of copyright- appeal dismissed.
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There is no specific denial by the defendant in a
written statement which has been filed by him
except in Para 3 where it is urged that the work
in question is not covered under section 2 ( c)
(iii) of the copyright act. The said fabric is a
design which has been registered under the
designs act, 1911, or under the new designs act
of 2000.
Here, it is relevant to mention that the
defendant hasnt made any specific denial of the
said averment which is made by the plaintiff who
pertains to the allegation of infringement of
copyright mentioned.  He only made the
following statement to the said paras Plaintiff
has dwelled extensively into a comparison of two
samples without the establishment of his rights
and without showing as to which right has been
infringed. From the above-said averments, it is
clear that there is hardly any denial made by the
defendant of alleged infringement of copyright by
him and it appears as an immoral case of piracy
of copyrights.
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• The concept of copyright has been dealt by the
  Bombay high court in the case of Burroughs of
  welcome India Ltd. v. Unisole Pvt.Ltd. And
  another 1999 PTC) 19) 188 (bom) in the following
  words
• Copyright is a form of intellectual
  property. With advancement in technology, it is
  very easy to copy. The basic test in actions
  based on the infringement of the copyright is
  that if a thing fetches a price, it can always be
  copied and therefore, it needs adequate
  protection.
• It is well settled that although under the
  copyright act 1957, there is a provision of
  registration, under section 44 of the act.
• It is not a doubt that the said procedure is an
  enabling provision and registration would not
  compulsory for the purpose of enforcing the
  copyright.

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As per the section 44 of the act, it provides for
the registration of a work in which copyright
exists but in order to claim copyright
registration is not necessary. Registration is
only to raise a presumption that the person shown
in the certificate of registration is the author.
This presumption is not conclusive, no further
proof is necessary unless there is a proof
rebutting the contents of the said certificate.
As per section 48, the act of registration is
ex-facie prima facie evidence about the
particulars which is incorporated in the
certificate. There is no provision under the act
which deprives the author of his right on account
of non-registration of a copyright. There is no
suggestion about the registration in this act in
a condition which is precedent to the subsistent
of the copyright or acquisition of copyright or
ownership thereof or for any reliefs of
infringement of copyrights.
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• The sine-qua-none of the existence of a copyright
  is an expenditure of skill, labor, and capital on
  any work expanded by a person/author and unless
  the original work is produced in court to prima
  facie show that the work has originated from an
  author, no relief can be granted.
• In other words, copyrights exist even without it
  being registered for the purposes of its
  enforcement. The nature of copyright is also
  meant to be borne in mind. It subsists in any
  material form in which ideas are translated.
• Copyright is an incorporeal right. It does not
  lie in any idea, but it lies in the expression in
  which the idea is expressed. The work of an
  author, therefore, becomes the subject matter of
  the copyright. In essence, the copyright is a
  negative right of preventing copying of physical
  material in the field of art, literature etc.
• Once an idea is written down, the writing becomes
  the subject matter of copyright. With
  globalization and advancement of technology, even
  computer programmes come within the copyright.
  Any work conveying particular information comes
  within the subject matter of a copyright and it
  needs protection.
• Even a catalog of items manufactured by a
  manufacturer can come within the subject matter
  of copyright. Even a decoration or an artistic
  work on a carton or a container of goods can
  become the subject matter of copyright.

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We are, therefore, of the opinion that the
plaintiffs work is entitled to protection under
section 2(c) of the copyrights act and is an
original artistic work. Since the work is an
artistic work which is not covered under section
2(d) of the designs act, 2000, it is not capable
of being registered under the designs act and the
provisions of section 15( 2) are not applicable.