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How to Win a Copyright Fight? - Legal Rights and Ways

Copyright Act, 1957 ensures that the creative work of the author cannot be imitated. learn about how to protect your intellectual property through legal rights.

How to Win a Copyright Fight? - Legal Rights and Ways

Wednesday July 17, 2019,

4 min Read

Copyright registration is medium to protect your intellectual work and become a legal owner of your own creative work. Copyright registration is done as per the Copyright Act, 1957 and ensures that creative work of the author cannot be imitated. This means no one can use the same work without the permission of the author or creator and he has full right to charge other people or companies for using his work or modifying it. In this manner no other person can misuse the copyright in any condition and if he does has to face legal consequences.

Copyright Fight

What Things Can be Protected Under Copyright?

A creator can protect his Creative work like:

  • Painting, graphics, and sculpture
  • Cinematograph Film
  • Musical & Sound recording
  • Literary works including books, website, computer programs, etc
  • Dramatic works including scripts for dramas/films.

What are The Legal Rights of The Owner of the Copyright?

Copyright provides legal rights to owner under which he can sue any person who tries to misuse his work. Some of the clear legal rights are given as follows:

  • The owner has full right to claim for authorship for published work under the right of paternity.
  • The owner can reproduce his work in any tangible form & store it in any electronic medium of his choice.
  • The owner has full right to decide where to publish his work in accordance to the right of publication.
  • The owner has full right to perform in public, communicate it to the public or make any translation or adaptation of his copyright work.
  • The owner can take necessary actions to prevent loss of image or reputation of his copyright.
  • The owner can sell or transfer his copyright to anyone.

How to win Copyright Infringement fight?

Make sure to opt following ways to sue someone for infringement of your copyright:

How to win copyright infringement fight

1.   Confirm that you did not give permission to anyone to use your copyright:

Your claim for copyright infringement can be simply defeated if you gave permission to another person or company to use the copyright work. Be sure that you haven’t sold or have licensed it. Check your entire employment contract to gather information regarding it.

2.   Gather evidence for claim of infringement:

Once you have made it sure that you did not gave permission to person for using your work, you need to gather some evidences for infringement. For help download some examples of infringement or printed materials from web. You will also need those documentations at trial.

You require strong evidences to prove that defendant had accesses your work to win the copyright fight. Establish an access and note down the date of infringements.

3.   Hire an experienced copyright lawyer:

To win a copyright fight and to collect all the required evidences, you need to have a professional help from a person who is experienced in this field.

 You need to hire an experienced lawyer with good knowledge of the legal system and copyright law and can determine your chances of winning the claim and help you decide whether a lawsuit is worthwhile or not. They can be quite expensive but can surely end up saving a great deal of time and money if you attempt to file a lawsuit yourself.

4.   Make a timely complaint:

Make sure to file a timely complaint as time limit of filling copyright infringement is three years. If it has been more than three years your case won’t be considered.

5.   Proceed to trial:

Plan everything with your lawyer and get ready for the trials. The defendant will surely argue that your work is not original and is not capable of receiving a copyright. But you need to make an excellent strategy to win the argument and get claim for your copyright.