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When an author has not registered under copyright by legally proceeded over dispute of ownership. What is the validity of ownership ?

  • A.No ownership without registration
  • B.It may not be legally tenable
  • C.Ownership is automatic
  • D.Cannot claim ownership

Answer: C

The answer is that ownership is automatic.

Under the Berne Convention and the Copyright Act, 1957 in India, copyright comes into existence as soon as an original work is created and fixed; registration is not a condition of protection. Registration with the Copyright Office is optional and only serves as prima facie evidence of the particulars entered, which helps in a dispute.

So an author who never registered still owns the copyright and can go to court over it. The options saying there is no ownership without registration, that ownership cannot be claimed, or that it may not be legally tenable all treat registration as necessary, which it is not.

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