Copyrights

Copyright is a form of Intellectual Property, which confers an exclusive right on the Author to do and /or authorise others to do certain acts in relation to:

• Literary;
• Dramatic;
• Musical;
• Artistic work;
• Cinematograph films;
• Photographs;
• Sound recordings;
• Computer Programmes; and
• Performers’ rights.

The main object of the Copyright is to secure the author for the labour, skill, knowledge and capital used and to encourage him for further creativity.

• Copyright subsists only in an original work. But original work does not always mean expression of new and novel idea. The important criterion is that the work should originate from the author and not copied substantially from the work of other.
• There is no Copyright in ideas but only in expression of ideas.
• It is not an infringement of Copyright to adopt someone’s idea or concept but how it is created or expressed is a matter of concern.

COPYRIGHT PROTECTS EXPRESSION OF THOUGHTS AND NOT IDEAS

• There are many rights conferred by the Copyright Act, 1957 depending upon the nature of work with certain exceptions.
• Most important kind of rights are to:
  • Reproduce;
  • Translate;
  • Perform;
  • Adapt;
  • Grant license;
  • Assign (can be different - to 2 or more persons for the same work for the similar or different portion of the entire work) the work either exclusively or non-exclusively.
  • In case of Computer Software, in addition to the above mentioned rights, the author can sell, give on hire or offer for sale the said Computer Software for any number of times.
• Broadly the rights can be divided into two:
  • Economic Rights which derives a monetary reward to the author by exploiting the same through publishing, performing, selling, distributing, hiring, licensing in different forms or assigning in favour of some one for a consideration or otherwise; and
  • Moral Rights which allows the author to take certain actions to preserve the personal link between himself and the work.

MANY TIMES PERSONS ECONOMICALLY EXPLOITING THE COPYRIGHT IN A PARTICULAR WORK ENJOY MORE BENEFITS THAN THE AUTHOR/CREATOR OF THE WORK

In India Copyright is governed by Copyright Act, 1957.

• It is to be noted that the registration of a Copyright is not mandatory. On the contrary, unlike other Intellectual Properties, the rights under the Copyright work are inherited by original creation.
• However, it is advisable to register not all but certain types of Copyrighted work such as Artistic work which can be used as a Trademark (e.g. artistic work of logo, stylized way of writing a Trademark), Computer Programme etc.
• The procedure for registration of these works is little different. The Copyright Registry is situated at New Delhi where the application is required to be made.

THE WORK IS PROTECTED BY THE FACT OF ITS CREATION. HOWEVER, THE WORK SHOULD BE WRITTEN DOWN OR RECORDED

The term of a Copyright is life time of the author and 60 years thereafter from the end of the year of the death of the author.

The Copyright is considered as infringed if any person reproduces the Copyrighted Work without any license or consent of the author or in contravention of the license granted or offer for sale or hire or sells or distributes or exhibits any infringing copy of the Copyrighted Work.

• CIVIL REMEDIES
  • To grant the Temporary or Permanent injunctions;
  • Impounding and destruction of all infringing copies;
  • Actual monetary damages or profits earned from the sale of infringing copies;
• CRIMINAL REMEDIES
  • The seizure of plates, floppy and other diskettes etc. are impounded and/or destroyed;
  • The infringer is liable to imprisonment and/or penalty up to Rs. 200,000/-.

The Related Rights are the rights which protects the legal interest of the certain person who have contributed in making a particular works available to the public.

RELATED RIGHTS ARE TO PROTECT PEOPLE OR ORGANIZATIONS THAT ADD SUBSTANTIAL CREATIVE, TECHNICAL OR ORGANIZATIONAL SKILL IN BRINGING THE WORK TO THE PUBLIC. (Source WIPO)

• The Performers like singers, actors, musicians, dancers etc.
• Producers of Sound Recording; and
• Broadcasters for broadcasting or communicating the work to the public such as distribution on cable system or on internet.

In principal, they are similar rights covered by the Copyrights that are to prevent others from unauthorized exploitation of the performance, recording or broadcasting.