• Copyright and Publishing

Hi. I have written my first fictional novel and applied for copyright and Isbn number. I have got the ISBN number. I have applied for copyright through online mode around 25 days back and the current status of the application is 'Waiting'. I am confident of getting the copyright registered. My query is that, can I go ahead and publish my novel before I get the copyright registered? Or should I wait till the copyright is registered?
Asked 10 months ago in Intellectual Property

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6 Answers

Dear client,

In India, copyright protection is automatically granted at the time a work is created; registration is not required. As per Section 45 of the Copyright Act, 1957, you have the permission to publish your novel throughout the period that the registration is pending. The Act acknowledges the rights of the author at the time of production. The primary purpose of the registration process is to provide evidence in court. To improve your legal position, it is best to wait until the registration is finalized before publishing. In the event of infringement, you can more readily pursue damages and other legal remedies once the copyright is registered. You may assert your rights using the copyright sign (©), your name, and the year of first publication while you wait for the registration. This unofficial notification alerts possible infringers to their actions. Keeping documentation of your creative process and copyright application might also be helpful in the event that disagreements occur. Whether or not to publish before the copyright is registered ultimately comes down to how much risk you can take and how much value you place on the extra legal protection that registration offers.

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
10173 Answers
120 Consultations

Wait for registration of copy right then publish your novel 

Ajay Sethi
Advocate, Mumbai
96938 Answers
7822 Consultations

It’s better to wait so that your rights are protected 

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

1. You can go ahead and publish your novel before you get the copyright registered.

2. However you can't sue anyone if someone uses your original content.

3.  Better to publish your novel after you get the copyright registered, so that in case of anyone using your original content, he can be used.

Shashidhar S. Sastry
Advocate, Bangalore
5412 Answers
329 Consultations

Copy rights pending registration or orders will not forbid you from publishing your novel. 

Copyright is not a required element for publication except it will be a legal protection and add credence.

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

- Copyright is a legal term used to describe the rights that creators have over their literary and artistic works.

- Since, that novel is written by you , and hence it needs protection so that no person can publish the same 

- Hence, you should wait for the registration of copyright. 

Mohammed Shahzad
Advocate, Delhi
14513 Answers
221 Consultations

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