Copyright Infringement
Copyright Means — exclusive right to do or to authorize others to do certain acts in relation to —-
- literary, dramatics, musical & artistic works
- cinematograph film
- Sound recording.
It is the right to copy or reproduce the work in which copyright subsists.
OBJECT : to encourage authors, composers, artists & designers to create original works by rewarding them with exclusive right for a limited period.
It subsist only —- original work
No registration is required to acquire copyright like other intellectual properties.
NO COPY RIGHT for :
- live events (special rights are given to the performers)
- ideas
- songs (because song is written by one person & music by other person, there are two different COPYRIGHT & cannot be merged with each other.)
TERM :
- During the life time of author plus 60 years
- Joint authorship —- 60 years will start after the death of the author who dies last.
- Anonymous/ Pseudonymous — 60 years from —- year of publication.
- If identification of the author is disclosed before the expiry of the 60 years then the term will extend to 60 years after the death of the author
- Posthumous case the term will start from the year of publication.
- Photograph, films, sound recording, if first owner is Government, International organization —– 60 years from publication
AUTHOR :
- Films: author, owner of the film
- Sound recording: author
- Musical works: composer
- Artistic work: creator of the work
RIGHTS OF COPYRIGHT HOLDER :
- Moral Rights:
decide whether to publish his work or not
claim authorship of a published work
- Economical Rights: to exploit
- Negative Right: to prevent his work from copying.
- Broadcasting Reproduction Right —— term: 25 years from the year of broadcast.
INFRINGEMENT :
- Uses without license
- Distributes or exhibits — trade purpose
- Imports into India any infringing copies of such work
- Production, Publication, Communication, Performance of the work
- Unauthorized recording of live performance — bootlegging.
NO INFRINGEMENT :
- fair deal
- production for judicial purpose
- publication for educational purpose
- making copies for the use of public library
REMEDIES :
- Civil
- Criminal
There are many international conventions which protects the copyrighted work.
COPYRIGHT SOCIETIES — a legal entity to protect the interest of the owners of the work.
ITS FUNCTION :
to grant license for reproduction
to locate instances of infringement.
Author : Pradnya Pahurkar [lawyer]