While copyright does not protect data or ideas in and of themselves, it does protect the original expression of data and ideas. Only literary, dramatic, musical, and aesthetic works are protected by copyright. The rights that apply to each of these groups differ.
The independent creation of similar works is not protected by copyright. The fact that numerous distinct copyrights may exist for specific works – particularly films, broadcasts, and multimedia goods – makes legal action against infringement more difficult. Unlike other kinds of intellectual property, registration does not bestow copyright; rather, it occurs as a natural consequence of the creation of the original work in a material form. This automatic right normally lasts for the creator’s lifetime plus 70 years, though it varies depending on the work’s nature and whether it has been published. Although a copyright notice containing the owner’s name and date is not required, it may assist in proving your copyright ownership and is required in some locations overseas.
A copyright notice is a note placed on a copyrighted work that usually contains the symbol, the year the work was made, and the creator’s name. Copyright notices may serve as a deterrence to infringers. The following works are protected under Section 13 of Chapter III of the Indian Copyright Act:
Literary works, musical works, dramatic works, artistic works, cinematograph films, architectural works, sound recordings, and computer programs/software are all examples of literary works.
Even after the assignment of copyright work to others, copyright law always protects the creator, either fully or partially. Moral rights give the author the right to preserve his name on the work in perpetuity and to be protected from any distortion or alteration of the work, as well as any other offensive action taken in relation to the work, that would harm the author’s reputation. For copyright protection, the work should include the following elements:
- The work must be original (that is, it must have been generated from scratch and not based on other sources). The job has to be made for the first time.)
- It must be quantifiable in some way. The work’s presentation must be descriptive and tangible, and it must be recognisable in a set form/recognized in its nature.
- First appearance in print An original work should not have been previously published.
- Work published after the author’s death; the author must have been a citizen of India at the time of death.
- If a work is published in India, the author must be a citizen of India at the time of publication.
Need for Copyright Protection
It’s vital to remember that copyright only protects the way an idea is expressed, not the idea itself; for example, if the idea is committed to paper or another form of media.
What exactly makes copyright protection so crucial? Sure, but don’t you have to be concerned if it happens automatically? While your work is automatically protected, this does not guarantee that others will not duplicate it.
Copyrights should be protected because they provide a minimal level of protection for authors’ rights to their works, thereby safeguarding and rewarding their creativity. Because innovation is the key to progress, no civilised society can afford to disregard the fundamental need to foster it. Creativity is essential for a society’s economic and social progress. There’s also the idea of copyright as a long-term legacy that can be passed down as part of an estate. Copyrights may last another 70 years after the death of the original creators in the case of literary, musical, or artistic works, and up to 50 years in the case of broadcasting or publishing.
If someone infringes on your copyright, you will be able to sue the offending party for a licence or compensation for any financial losses you may have suffered. If they utilise your work without your permission, you have the right to demand that they stop and compensate you for any earnings they have made as a result of your work. If you notice someone using your job without your permission or knowledge, we recommend consulting an IP expert to determine what legal action you should take. If you have patented works that have grabbed the attention of others, you can look into licencing possibilities to ensure that you profit from their use financially. Licensing is when you give another party legal permission to use any (or all) of your copyrighted works.
Licensing is also an important approach to strengthen the project’s legal security, since it can be used as proof against anyone who fails to uphold their end of the deal or uses the research without permission. Every day, copyright infringements occur, so stay on top of your intellectual property defence and take reasonable steps to ensure that your rights are protected.
Conditions of Copyright Protection
Ideas and facts are not protected by copyright. As soon as ideas are set in some tangible form, copyright protects their selection and arrangement, i.e., their original and creative expression. The following are the requirements for claiming copyright:
The concepts must be enshrined in a physical form of expression. Although copyright protection is automatic, there are some advantages to registering your work with the Copyright Office. As soon as the expression is fixed in tangible form, it is protected by copyright. That is, it covers both published and unpublished draughts and final works.
Copyright protects a fixed expression of ideas if and only if it is unique.
There is no requirement for quality or distinctiveness.
Even terrible work is protected under copyright laws.
Copyright protection applies to works that are comparable but were developed independently.
- Copyright protection requires more than just hard labour.
- At the very least, some ingenuity is essential.
There is no copyright protection in place;
Work that isn’t in a tangible form.
Titles, names, short phrases, slogans, methodologies, factual information, symbols, or graphics, on the other hand, are all subject to interpretation.
These works may be protected under trademark law.
Ideas or concepts, techniques, processes, plans, principles, discoveries, and guidelines – these works may be protected by patent or trade secret legislation in some situations.
Copyright law does not apply to works that are already in the public domain and whose original authorship cannot be traced.
Copyrighted works that have already passed their expiration date.
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.
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 firstname.lastname@example.org
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