Unregistered copyright- action

Dear Rupali, Greetings. As all know registration of Cooyright is not mandatory. The copyright subsists from the date of creation of the work with the original author, provided there is evidence for the same. Based on such evidence and also how the infringement has been done, action can ce initiated legally. Nothing prevents taking action against the infringer of the Copyright.

R P Ramanathan

Dear Mr. Ramanathan,

Thank you very much for your reply.

But I have come accross few judicial decisions which are totally inconsistant with the legal provisions under Copyright Act.  In 2012 in Dhiraj Dharamdas  Devani Vs Sonal Infosystems Pvt. Ltd. Hon'ble Bombay HC has held that, copyright registration is mandatory to enforce the rights. Thereafter i could not get any overrulling authority on this subject.

Under Copyright Act, no common law remedy is provided only statutory remedy available. If registration is mandatory for enforcement of rights, then what remedy is available, that is not even discussed in any judicial authority.. Due to aforesaid judgment, all suits for infringement of copyright for unregistered work are facing objection of maintainablity of suit u O 7 R 11 of CPC.

Can simple suit for injunction for violation and misuse of copyright be field?

Any judicial discussion available on this subject..i could not find inspite of tremendous search on this topic.