Martin Schweiger@martin_schweiger
191 Posts
VIP Forum
Quote from Martin Schweiger on February 27, 2019, 3:15 pm
While not compulsory, getting a copyright registration can offer many benefits to IP owners.
Copyright registration is available in many countries such as the USA, China, Japan, Canada, etc. etc.
There is NO registered Copyright in Germany.
Copyright ownership in most countries arises automatically, upon completion of the creation of works. A registration is usually not mandatory to claim legal ownership. However, registration is generally recommended for the following reasons:
- Copyright registration serves as prima facie proof of ownership. This greatly facilitates enforcement efforts in China, especially in administrative enforcement as well as in litigation. Witness evidence often carries lower evidential weight than documentary evidence such as copyright registration certificates. Personal declarations of Copyright ownership by the creator of a work are often not taken as substantial evidence.
- Many e-commerce platforms have adopted a notice-and-take-down programme. Many of these programmes require the proof of IP rights in order to take infringing offers down. Again, having a copyright registration makes the tasks much easier for both the e-commerce platform operator and the copyright owner.
- By a similar token, a copyright registration can more effectively back up one’s claim in a cease-and-desist letter.
- In situations where the IP owner is facing obstacles in securing other forms of IP protection, copyright registrations can serve as a fall-back. For example, if for some reason the IP owner is unable to obtain a trademark registration for its logo or a design registration for its product, it may get some comfort in getting a copyright registration.
The copyright registration procedure is usually straightforward and inexpensive. Moreover, the process is relatively quick: the standard application timeline is about 30-90 days.
Once registered, a copyright registration will usually last until the expiry of that copyright in the registered work under the respective copyright law. Generally speaking, the copyright duration is the life of the author plus some decades, often between 50 and 70 years.
A copyright registration can cover all copyrightable subject matters, especially for the following types of copyright work:
- Artwork (including logo marks);
- Books, printed matter and other literary works;
- Audio-visual works;
- Musical works;
- In-app or in-program user interfaces;
- Website layout;
- Computer software;
- Product packaging design;
- Works of applied art, e.g. certain toy/furniture designs.
- Application process
It is of utmost importance that you collect data of all persons that have been involved in the creation of the respective artwork. You should formally assign all rights that the respective creators may have to the person that registers the Copyright. You will need this document if you later want to assert the Copyright against an infringer.
A table as follows may help:
While not compulsory, getting a copyright registration can offer many benefits to IP owners. Copyright registration is available in many countries such as the USA, China, Japan, Canada, etc. etc. Ther ... [
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