COPYRIGHT LAWS

Authors, artists, and creators have the right to gain profit from their work, and copyright law protects that right. The goal of copyright legislation is to encourage people to create original works.

The owner of an intellectual property has an exclusive right called Copyright. It guards against unlawful copying or use of the creator’s work.

The Indian copyright legislation complies with TRIPS international copyright standards. The Berne Convention for the Protection of Literary and Artistic Works, 1886, and the Universal Copyrights Convention, to which India is a party, are fully reflected in the (Indian) Copyright Act, 1957, as amended in 1999, 2002, and 2012. India is also a signatory to the Geneva Convention for the Protection of Producers’ Rights in Phonograms, as well as a member of the World Intellectual Property Organization (WIPO) and the UNESCO.

Definition of “WORK”

A painting, a sculpture, a drawing, an engraving, a photograph, a piece of architecture or creative craftsmanship, a dramatic work, literary work (including computer programmes, tables, compilations, and computer databases), and musical work (including music and graphic) are all examples of “work” under the Copyright Act of 1957.

The enforcement agencies in India have a poor level of awareness of intellectual property (IP) laws, and most IP litigation takes place in major cities. Even though copyright registration is not required in India and is protected by the International Copyright Order, 1999, it is recommended that copyright be registered because the copyright registration certificate is accepted as “proof of ownership” in courts and by police authorities, and is handled smoothly by them.

DURATION

 The Copyright indicates that the protection is only in place for a certain period of time. The Copyright protection for original literary, dramatic, musical, and artistic works lasts for 60 years, starting from the year after the author’s death.

The period of 60 years is reckoned from the date of publishing of cinematograph films, sound recordings, pictures, posthumous publications, anonymous and pseudonymous publications, government works, and so on.

REMEDIES

The owner of the work has two types of legal remedy:

  • Civil Remedy: The author/owner of a copyright can sue for copyright infringement by filing a Suit for Permanent Injunction, which allows the owner of a copyright to seek interim injunction orders against infringers. The owner of a copyright can also appoint a Local Commissioner and have the infringers’ infringed works seized. The owner/author of a copyright work may also seek damages as a result of the loss and injury caused by the infringers’ actions.
  • Criminal Remedy: A copyright author/owner can file a criminal complaint against infringers. Search and seizure orders are granted in criminal cases, and infringing works of infringers/pirates can be seized. The criminal remedy is more effective in nature since it allows infringers to be thrown behind bars in addition to seizing pirated works. Infringement of copyright is punishable under the Copyright Act by imprisonment for six months (minimum) and a maximum of one year, with a minimum fine of Rs. 50,000/- (minimum) and a maximum fine of Rs. One Lakh.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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