Copyright

Copyright: The legal right of the owner of intellectual property is known as copyright. Simply put, copyright refers to the ability to duplicate. This implies that only the original producers of items, as well as anybody they provide permission to, have the sole right to replicate the work.

For a certain period of time, copyright law grants authors of creative work the exclusive right to use and replicate that material, after which the copyrighted object enters public domain.

Copyright refers to who owns and controls the rights to use and distribute particular works of creative expression, such as books, videos, movies, music, and computer programmes. Historically, copyright laws have been developed to balance the desire of cultures to use and reuse creative works (producing “derived work”) with the goal of artists, writers, musicians, and others to commercialise their work by regulating who may manufacture and sell copies of it.

To achieve this balance, control exclusivity is nearly generally limited to a fixed number of years, after which a copyright-protected work reverts to the public domain and may be freely utilised. Works produced after January 1, 1978, in the United States, are protected by copyright for the author’s lifetime plus an extra 70 years under current law. A copyright lasts 95 years from the year of first publication or 120 years from the year of conception for anonymous, pseudonymous, and corporate-owned works, whichever comes first.

A firm or corporation is often the copyright holder. When a work is made as part of a job (a “work for hire”), the copyright for the work is transferred to the employer.

Copyright ownership is limited by the area of the jurisdiction in which it was given (for example, a copyright awarded by the United States is only valid inside that nation) and by a few specified exceptions. In 1886, the Berne Convention for the Protection of Literary and Artistic Works (often referred to as the Berne Convention) brought most of international copyright law into relative agreement (with numerous subsequent revisions over the decades). The WIPO Copyright Treaty (also known as the WIPO Copyright Treaty or WCT) was enacted in 1996 to encompass information technology and the internet, which were not explicitly covered under the Berne Convention.

The length of the copyright and whether or not it is in the public domain

Both of these statutes, as well as contemporary copyright rules across the globe, provide for protected works to be released into the “public domain” after the copyright law’s term has expired. Under copyright law, works in the public domain may be used, copied, and distributed without limitation.

Fair use and copyright exceptions

Not all expressions of an idea are protected by copyright. The following are not covered by copyright:

• Names of products
• Works’ titles (such as book titles)
• Listed below are the names of companies and organisations.
• Pseudonyms, such as “nyms” for computer hackers.
• Slogans, catchphrases, mottos, and catchphrases are all examples of brief advertising phrases.
• Ingredient lists, such as those seen on product labels or in recipes
• Some of the items in this list, such product names, may be protected by trademark law.

Even though a work is protected by copyright law, the law provides for specific exceptions in which works may be used against the copyright holder’s restrictions. Some of the exclusions are for practical reasons, such as permitting libraries to produce Braille versions of their own books. The copyright owner is required by law to provide the jukebox owner a licence at a set charge in specific situations, such as public places that play music via jukeboxes.

The ability to make backup copies of copyright-protected digital works is one of the most significant exceptions.

The most notable exemption is “fair use,” also known as “fair dealing” in certain other international jurisdictions. Fair use is a modification of the fundamental balance struck by copyright between author and civic interests. It is in the public’s interest to have access to critical assessments of works, and the critic may add brief extracts of a work to demonstrate a point. Works of parody, as well as the use of works for educational purposes, are typically protected from copyright infringement charges under copyright rules.

Copyright

In India, the Copyright Act of 1957, as well as the Copyright Rules of 1958, control copyright protection.

Copyright laws provide property rights for specific types of intellectual property, often referred to as works of authorship. Copyright laws safeguard a ‘original work’ creator’s legal rights by prohibiting others from replicating the work in any form.

Intellectual Property Types:

Copyright rules safeguard a wide range of intellectual property, including anything from melodies and jingles to computer software and private databases. The following are the types of intellectual property that are protected by copyright laws:

Works of Literature:

These include both published works and draughts, such as books, essays, journals, and magazines. Even adaptations, translations, and abridgements are considered original works under copyright law and are protected. They also cover computer programmes and databases, which is quite crucial.

Dramatic Pieces:

A dramatic piece is one that can be performed physically. It is not necessary to rectify it in writing or in any other way. A recitation, choreographic work, components of a dance or ballet, costumes, and scenery involved with a play are all examples of dramatic works.

Musical Pieces:

A musical piece is one that is composed entirely of music and incorporates pictorial notation. Separate rights exist for the lyrics and music in a song, and these rights cannot be combined.

Works of Art:

Paintings, sculptures, sketches, engravings, photos, and architectural works all qualify as artistic works, regardless of aesthetic merit.

Sound recordings with cinematographic films:

Cinematography encompasses all methods of capturing moving pictures, including video and brief clips captured with webcams and mobile phones. Film soundtracks are also classified as cinematography. Sound recordings that are not part of a larger work are likewise protected under copyright rules.

Copyright registration:

Although the Indian Copyright Act establishes a mechanism for copyright registration, registration is not required to obtain a copyright. In reality, going through the bother of registering a copyright is not recommended.

A copyright is generated under Indian law when the original work is produced, and unlike in the United States, registering it confers no particular rights. The details filed with the Registrar of Copyrights will serve as proof of the work’s existence on the day of registration. Many original work producers employ various means to confirm their work’s existence on a certain date, such as storing manuscripts in a bank locker.

Copyright Defense:

As addressed below, there are four key notions important to the concept of copyright protection.

Idea vs. Expression: What’s the Difference?

The line between the concept and the expression found in the original work must be defined. It’s vital to remember that copyright only protects the expression, not the concept. However, the distinction between what defines an idea and what makes an expression may be a cause of heated legal disagreement.

Originality:

To be protected under copyright rules, it is necessary to prove that the work is original to the creator and not a copy.

Fixation:

Copyright can only exist if the work is physically represented. Only when a book is written, a sound recording is made, or a painting or sculpture is created is the work eligible for copyright protection.

Allowable Use:

Copyright holders are presumed to agree to others’ fair use of their work. Fair use is not defined, however it may encompass news reporting, commentary, scientific research, and other activities.

Term of Copyright:

In most circumstances, the copyright is valid for the author’s lifetime plus another 60 years. There are a few noteworthy outliers, which are listed below:

Broadcasting organisations have rights to the broadcasts they make. The duration of this right begins on January 1st of the calendar year following the year in which the broadcast is produced and ends on January 1st of the year following the year in which the broadcast is made.

Performers have certain unique privileges when it comes to their work. These rights are valid for 50 years, commencing with the beginning of the calendar year after the first performance.

In the event of posthumous publishing, the rights are valid for 60 years from the date of publication.

Copyright infringement:

A copyright protects the author of an original work by preventing it from being copied or reproduced without their permission. The author of a work has the authority to ban others from reproducing it.

Reproducing the work in any medium (print, sound, video, etc.) is prohibited.

Recording the work on CDs, cassettes, and other media

It should be broadcasted in whatever way possible.

It’s being translated into additional languages, and

Putting on a public presentation of the work, such as a stage play or a musical.

When someone performs any of the following without the copyright holder’s permission, which only the copyright holder has the exclusive right to do, a copyright is infringed.

Infringements of copyrights are punishable both civilly and criminally under the Copyright Act. The copyright owner is entitled to injunctions and orders for seizure and destruction of infringing goods if an infringement is proven. Damages may also be demanded from the wrongdoers.

The Registrar of Copyrights has the authority to prohibit infringing copies from entering the country. When the Registrar receives a complaint, he or she might enter ships, ports, or warehouses to inspect the allegedly infringing item. If infringing content is discovered, it is returned to the copyright holder.

Computer Program Copyright Protection:

The Copyright Act’s definition of “literary work” was extended in 1994 to cover “computer programmes, tables, and compilations, including computer databases.”

Copyright laws provide protection to computer software owners. The initial 25 and final 25 lines of source code of a computer programme may be registered with the Registrar of Copyrights. Again, supplying logbooks recording development activity, etc. is recommended to prove the date of development.

It is permissible to make copies of lawfully acquired computer programmes for the purpose of producing backup copies as a temporary safeguard against damage or destruction. It is illegal to use an infringing copy of a computer programme with the intent to infringe.

A fine and jail (minimum of seven days and maximum of three years) are the penalties for such an offence (Rs. 50,000 to Rs. 2, 00,000). If the criminal pleads and establishes that the unauthorised copy was used for personal purposes rather than in the course of business, the court is likely to be indulgent and impose a minimum punishment of Rs. 50,000.