Copyright is one of the easiest and misconception topics at the same time. Due to lack of knowledge urban legends make it complicated. There is no fault of the people, it is believed that copyright is confusing, contradictory and confusing law.
If you are a painter, writer, musicians, lyricists or any other artist, which means you create original work and publish it in publically. To save one’s work from the third party to do not copy it, we utilize copyright laws. If you own a copyright law on something, someone else cannot utilize it for a commercial purpose without taking the permission of yours.
This article will offer you the most important issues in copyright laws and regulating including copyright substances, ownership, exploitation, copyright infringement, criminal offense, and owner’s right.
Q1 what are the requirements for the copyright to subsists in a work?
In India, copyright subsists in the following categories:
• Original dramatic, literacy, musical and artist work.
• Sound recording.
However, the word “original” is not demonstrated in the Copyright Act, “1957”, but has defined its connotation through case laws. It is largely determined that “owes its origin to author”, which means that the idea, creativity behind the work is originated from the author. And which cannot be stolen by any other third party? There is an only exemption, the original can be used for the education purposes without taking permission from the author.
It is crucial to highlight the word “original” before the literacy, dramatic, musical and artistic work. But, not in cinematography because a cinematograph film is made by making script which is literacy, so there is no need to highlight the word “original” before cinematography. Likewise, copyright doesn’t subsist in sound recording made in respect of literacy, dramatic or musical work if in making a sound recording. Another prerequisite of the copyright protection, it doesn’t follow on ideas and only protects the original expression of ideas.
Q2 Is there any system for registration of copyright and if so what is the effect of the registration?
Procurement of the copyright is automatic and right soon it comes when original work is created by the author. Furthermore, there is an additional system for the enlistment of the copyrighted work. Under this system, creator, and proprietor can register their work and protect it from the external uses. All need is to do, they need to fill an application form at the copyright office, once they have found your work is original they can enlist your work as copyright.
In the event, when someone steals your intellectual property, to proof in the court that your property is stolen the register of copyright is the first sight proof and can be admissible as evidence and you need no more proof against it.
Q3 Does copyright protect fixed and tangible work?
Copyright protection is only for the work that has been organized into “fixed and tangible” form. Let’s understand with this example. Suppose, you have an amazing idea for a movie- itself is not eligible for copyright. For that, you need to write the script and register it at the copyright office. After that, no one can use your screenplay without tanking permission of yours.
Q4 what is the duration of copyright protection? Does this vary depending on the types of work?
The duration of copyright protection varies from person to person work. For literacy, dramatic, musical, artistic, it remains protected for 60 years from the beginning of the calendar year which follows the year author dies. For cinematography films, it protects for 60 years from the beginning of the calendar year which follows the day cinematography published. Likewise, sound recording it protects for 60 years from the beginning of the calendar year which follows the day sound recording released.
Q5 what is the meaning of copyright ownership?
As a general rule, the initial owner of the copyright who creates a work. For example, if someone wrote a book, means he has gained the ownership for this book. In case, if you created work as an employee, acting with a scope of employment, the work may be represented as “work made for hire”, in which you cannot use the copyright law. There is copyright transfer law, which allows the owner to transfer his copyrighted work to the third party. If there are two owners of work than they called co-workers, hence the copyright law are equal for both of them and their work may be represented as “work of joint authorship”. The term of copyright of work of joint authorship is calculated with respect to the author who dies first.
Q6 what is licensing?
Licensing is utilized when a copyright holder gives permission someone to access his work, which is normally restricted by copyright law. For example, a writer can give his script to the director, allowing to use their write-ups in film. Sometimes a creator wants to make his work publically and allow individuals to download his work for getting a fan base.
Q7 What is copyright infringement?
An author creates a work, he has a right to reproduce, distribute or publically released his work. But, in the event, if it is done by the third parties than it is known an infringement. A copyright holder has a right to take legal action against it in case of damaging intellectual property without taking permission.
Q8 Are there any criminal offense regarding copyright infringement?
Yes, the below mentioned are the offenses related to copyright infringement:
• Knowingly reproduce and distribute copies for commercial purposes.
• Knowingly removing and altering any right management without authority.
• Knowingly making a false statement for influencing any authority or officer.
• Publishing sound recording without taking permission of the creator.
• Knowingly importing and distributing copies without authority.
One of the significant development changes of the year has come of approval of Union Cabinet or acceding to the WIPO Copyright Treaty and WIPO Performers and Phonograms Treaty, which is for the copyright protection of digital work.
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