COPYRIGHT WHAT AND WHY

ABSTRACT

Intellectual Property Rights (IPR) plays a vital role on trade of every nation in this digitized world. There stands a higher risk of creative ideas getting stolen without the consent of the author or inventor. During the 19th century, The United States was not a leading IPR advocate as it is today, but was a leading IPR violator. The present  Article would be specifically analyse evaluate the legal provisions and process in order to protect one of the intellectual protection right that is ‘Copyright’ in regard Work Protected Under Copy Right Act, Rights Conferred by the act, Author’s Special Rights, Term Of Copy right, Remedies and protection in case of infringe Copy Right.

INTRODUCTION

Copyright’s etymology is ‘A legal term used to refer the rights that creator or authors have over their original Literacy and Artistic work’. Simply, it provides ownership to owner for their prime mover works such as Books, Songs, and Scripts etc. Copyright ensures certain minimum safeguard of the rights of authors over their piece of creations and prevents transcribe on the same, it protects the legacy of originality and encourage creativity which origin from consciousness.

WORKS PROTECTED UNDER COPY RIGHT ACT 1957

The Copyright amended governs the subject of copyright law in India which has been amending six times since 1957.  Act applicable from 21 January 1958 but prior The Copyright Act 1914 was applicable under the British Empire. It protects creative material under Copyright Act as follows:     

 LITRARY WORK – BOOKS, SPEECHES, ADVERTISING, GAMES, COMPUTER, PROGRAM;

DRAMATIC WORK – PLAY, MOVIES, TELEVISION SHOWS, NEWS CAST, WEBSERIES;

ARTISTIC WORK – SCULPTURE, PAINTINGS, CARTOONS, GRAPHICS, DIAGRAM, MODELS OF BUILDING, DRAWINGS, CHARTS, MAPS, PLANS, PHOTOGRAPHY;

CINEMATOGRAPH FILM – GESTURES AND FACIAL EXPRESSIONS, DANCE MOVEMENTS;

SOUND RECORDING AND MUSICAL WORK etc.

WORK Not Protected Under copy Right as follows: Ideas, Method, Symbol; Commonly Known Information; Names, Title, Short Phrases or Expression; Choreographic works; Fashion etc.

REGISTRATION OF COPYRIGHT

First step: File an Application

The owner of an exclusive right over his work to file application either physically to copyright office through speed /registered post or through electronic-Filing facility available on the official website. The person applying for copyright registration has to give notice any person who has interest right on same work. Once application is filed, registrar will generate a diary number and issue to applicant.

Second step: Examination

There is a minimum period of 30 days to analyze any objection raises against copyright application. After 30 days is there is no objection found and register satisfied then application goes ahead for the next step of registration.

Third step: Registration

Registration of Copyright is absolutely authorized by registrar as described above two steps. As registrar clear everything if objection raised or not then registrar issue a certificate of Registration to applicant. Once applicant received the copyright he will be entitled to exercise all legal rights that come up with the owner of the copyright.

RIGHTS OF COPYRIGHT OWNER CONFERRED BY THE ACT

The Right given only to owner over their creation by virtue of section 14 of the Copy Right Act 1957. Owner Rights frames as Economical right allows the owner to drive financial reward  by use of his work and Moral Rights protects owners Non-Economical Right in which include right of paternity it having right to claim for authorship over his work for instance ‘A teacher use the  content of XYZ book and published’ here, owner has right to claim for authorship over the content using from author’s book whereas Right of Integrity having right to restrain and claim damages for distortion due to which owner suffered from Defamation. Economical Right of Owner: Right of Adaption: Owner have right to Adapt his work or permit and prohibit to other modify and adapt his work. There is no such exception under copyright but it permit others to modify or derivate owner’s work with his consent such as translation of literary work, adapt a novel for play and for stage performance or to make film over it etc.  Right of Reproduction: It is most prominent Right conferred by copyright in which no person shall permitted to make one or more copies of owner’s work even use any part or substantial part of it in any other creation such as sound and films recording without the permission of owner.

Right of Publication: Purpose of the Publication to make a work available to public by issuing copies or communication the work to public. Here, publication not deemed to be publishing if work published or performed in public without the consent of owner of copyright. or in case of infringement the Right of publication. Work deemed to be first publication in India if the Indian Author’s work has not been published in some other country. Right to Make Translation: translation of original work is also protected under copyright so no person shall translate the original work enjoying the right of translation without the seeking permission of owner etc.

TERM FOR COPYRIGHT

In Published literary, Dramatic, musical and artistic work, except during the lifetime of author, until sixty years from the beginning calendar the next year author died. If works under Co-Authorship construed as referred author who dies late.  For instance, author died in 2016 the year counted from 2017. But In case of Cinematography Films, Photographs, Sound Recording, Work of Government, Work of International Organization, Posthumous Publication, Anonymous and Pseudonymous, the 60 years counted from the date of publication.

INFRINGEMENT AND REMEDIES

The act involving infringement of copyright are follow as: Making infringement copies for sale, hire, selling or let them for hire; Distribute infringement work in order to gain financial profit by trading; Permitting for performance of copyright infringed work; Importing copyright  infringement work into India;

REMEDY FOR COPYRIGHT INFRINGEMENT

Owner have right to  take legal action against the person who infringed owner’s copyright by file civil case for entitled for remedies in case of copyright infringement. There are three kind of infringement that is Civil in which owner claim by way of Injunction Damages, Account for Profit, Delivery or Distributed infringing copies and Damage for Distortion; In Criminal ‘Accused shall punishable with imprisonment, or fine or both’ and seizer of the infringement of copyright work; and In Administrative comprises of moving the Registrar  of copyright to boycott the import of infringing duplicates into India  when the infringement is by a method for such importation and conveyance of the reallocated infringing duplicates of the proprietor of the copyright and looking for the conveyance.

CONCLUSION

The Copy Right Act 1957 indented to protect the interest of the creators Registration must to claim for Damages if infringe the copyright over the work of prime mover involving Dramatic, Literary, Artistic etc.

 

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 secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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