What is the effectiveness of private registry generated evidence?

Copyright law is a set of rights belonging to authors and other rights owners (performers, producers, broadcasters …). Copyright laws provide procedures in cases of infringement of exclusive rights, protection of rights of remuneration, and, in some jurisdictions, provide moral rights. These laws offer protection to the holder of the copyright, whether the rights belong to the author, a third party, or holders of related rights.

In countries that have signed the main international copyright treaties, such as the Berne Convention, the registration in the national copyright services is voluntary. Enrollment in a public registry is not mandatory to acquire a copyright or to obtain the protection that laws grant to authors and other copyright holders. However, registration does serve to protect those rights, since they create a “iuris tantum”: rebuttable presumption of the existence of those declared rights.

Since international copyright treaties do not require formal requirements to protect the authorship and exploitation rights of works (which generally last for the creator’s lifespan plus 70 years), judges will assess all the evidence presented in case of conflict to resolve the competing rights, whether the evidence comes from public records or not.

Therefore, a private copyright registration has the same effctiveness and the advantage of offering evidence of authorship as public registration would in deterring plagiarism – in many cases free of charge – and has the advantage of generating the strongest technology based global evidence, immediately available and transparent online information, which facilitates interaction between rights holders and the users of the works.

If you want to know more about the Berne Convention you might visit this link:
http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works

Also you might be interested into reading some of the following articles:

WIPO and Private Copyright Registrations.

Article about national and international effectiveness

Effectiveness in Spain (in Spanish): http://es.safecreative.net/2009/02/24/eficacia-juridica-y-probatoria-de-las-inscripciones-en-el-registro-de-safe-creative/
In Mexico (in Spanish): http://es.safecreative.net/2011/06/06/validez-como-prueba-del-registro-safe-creative-en-mexico/
In Argentina (in Spanish): http://es.safecreative.net/2011/05/16/%C2%BFes-posible-el-registro-de-obras-en-internet-validez-de-safecreative-en-argentina/
In the USA: http://en.safecreative.net/2009/04/06/legal-and-evidential-effectiveness-of-inscriptions-in-safe-creative%e2%80%99s-register/
Register your works in USCO with Safe Creative: http://en.safecreative.net/2011/06/07/register-your-works-in-the-u-s-copyright-office-from-safe-creative/

Rights: http://www.safecreative.org/work/1109270148319

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Category: 1.- Safe Creative, 5.- Legal

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