IPR

1. Intellectual Property Rights
Presented by
Dr. B.Rajalingam
Assistant Professor
Department of Computer Science & Engineering
Priyadarshini College of Engineering & Technology, Nellore
Revision (Unit 3)
Copy Right Registration

2. Syllabus
Law of Copy Rights:
• Fundamental of Copy Right Law
• Originality of Material, Rights of Reproduction
• Rights to Perform the Work Publicly
• Copy Right Ownership Issues
• Copy Right Registration
• Notice of Copy Right
• International Copy Right Law
Law of Patents:
• Foundation of Patent Law
• Patent Searching Process
• Ownership Rights and Transfer
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3. The application process and registration of copyright
• Filing the Application
• Examination of the Application and Copyright Registration
• Refusal of Registration
• Special Handling
• Supplementary Copyright Registration
• Benefits of Securing Registration
• Preregistration
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4. Filing the Application
• After the best application method has been selected and the appropriate form
completed and the correct deposit materials have been identified, the application
may be filed with the U.S. Copyright Office.
• For electronic filers, when payment is complete a “Payment Successful” screen will
be shown, and an e-mail verification will be sent to the applicant to confirm the
filing of the application.
• Moreover, each eCO application is assigned a Case Number, which can be used to
track the status of the application
• Paper or fill-in form applications may be sent by regular or express mail, with
specific types of works being sent to unique zip code extensions.
• Despite the apparent complexity of the various filing methods and deposit
requirements, for those with familiarity with copyright law and procedure,
completing the application form often takes 30 minutes or less.
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5. Examination of the Application and Copyright Registration
• The Copyright Office will assign the application to a specialist; however, the
examination of the application is not substantive, as is the case with trademark and
patent applications.
• Generally, a copyright application is examined only to ensure that the material in
which copyright is claimed is copyrightable and that the material deposited
complies with statutory requirements.
• The examiner will review the application to ensure all information is complete and
compare the application and deposit for consistency.
• It is nearly impossible to determine the status of a paper application that has been
filed.
• The Copyright Office Records, Research, and Certification Section may have
information, but such information is typically provided only upon payment of
applicable fees.
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6. Refusal of Registration
• If registration is refused by the Copyright Office, reconsideration can be
requested.
• The applicant “appeals” the adverse decision by making a written request for
reconsideration and paying the fee of $250 within three months after refusal.
• A response in writing will be made by the examining division.
• A second request for reconsideration may be directed to the Copyright Office
Board of Review upon payment of an additional fee of $500.
• If registration is still refused, the applicant may seek judicial review in the U.S.
District Court for the District of Columbia.
• The Copyright Office can cancel a registration if it is determined that a work is
not copyrightable or the check for the filing fee is returned for insufficient funds.
• Prior to cancellation, the Copyright Office will provide notice to the registrant so
the registrant has an opportunity to respond to the cancellation procedure.
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7. Special Handling
• In some instances, applicants may not be able to wait 3 to 10 months to receive notification
that a copyright has been registered.
• For example, before a copyright infringement suit may be filed in court, registration is
necessary for works of U.S. origin.
• Thus, a party who wishes to commence an infringement action upon short notice must
have assurance that a copyright has been registered.
• To expedite the processing of applications for registration, the Copyright Office has
established special handling procedures.
• Special handling is granted only in special circumstances.
These are:
• Pending or prospective litigation
• Customs matters
• Contract or publishing deadlines that necessitate the expedited process
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8. Supplementary Copyright Registration
• If information in a registration is incorrect or incomplete, an application may be filed for
supplementary copyright registration to correct the error or amplify the information given.
Supplementary registration can be made only if a basic copyright registration for the same
work has already been issued.
• Paper Form CA must be used, and the filing fee is $100. No deposit materials should be
included. Supplementary registration is not necessary for minor typographical errors or
omission of articles, such as the word the.
• Some of the more common reasons a supplementary copyright registration is requested are
the following:
• The original application identified an incorrect author
• The work was registered as published when publication had not yet taken place
• A coauthor was omitted
• A change in the name or title of the work has occurred (e.g., a book or movie title has been
• changed) Copy Right Law : Dr. B.Rajalingam30 May 2020 8

9. Benefits of Securing Registration
• Because copyright protection exists from the time a work is created, securing a
registration from the Copyright Office is not necessary to protect copyright
material.
• Nevertheless, federal copyright law provides several inducements to encourage
copyright owners to secure registration.
• Among these advantages are the following:
• Registration establishes a public record of the claim of copyright.
• Before an infringement suit may be filed in courts, registration is necessary for
works of U.S. origin and for foreign works not originating in a Berne Union
country.
• If made before or within five years of publication, registration constitutes prima
facie evidence of the validity of the copyright and of the facts stated in the
certificate.
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10. Cont…
• If registration is made within three months after publication or prior to an
infringement of the work, statutory damages and attorneys’ fees will be available
to the copyright owner in court actions.
• Otherwise, only an award of actual damages and lost profits is available to the
copyright owner.
• Registration allows the owner of the copyright to record the registration with the
U.S.
• Customs and Border Protection for protection against the importation of
infringing copies.
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11. Preregistration
• A new procedure in the Copyright Office allows preregistration for certain classes of
works that have a history of prerelease infringement.
• Preregistration allows a copyright owner to sue for infringement while a work is still
being prepared for commercial release, often to obtain injunctive relief to stop threatened
or actual infringement.
• To qualify for preregistration, the work must be unpublished, it must be in the process of
being prepared for commercial distribution, and it must be a certain type of work (namely,
a motion picture, sound recording, musical composition, literary work, computer programs
including video games, or advertising).
• Preregistration is not a substitute for regular registration but is simply an indication of an
intent to register a work once it is completed or published. If a work has been
preregistered, the copyright owner must register the work within one month after the
owner becomes aware of infringement and no later than three months after first
publication in order to preserve the right to sue for infringement in federal court.
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12. Thank You
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