Author: Vijayalakshmi K.V., Aakson Institute of Management Studies
The Copyright Act, 1957 protects original erudite, dramatic, musical and cultural works and cinematograph flicks and sound recordings from unauthorized practices. Unlike the case with patents, copyright protects the expressions and not the ideas. There’s no copyright in an idea.
Meaning of Copyright – for the purpose of the Act, “ Copyright means the exclusive right, subject to the provision of this act to do or authorise the doing of any of the following acts in respect of a words, or any substantial part there of namely –
( a) in the case of literary, dramatic or music work, not being a computer programme-
( i) to reproduce the work in any material from including soring of it in any medium by electronic mode.
ii) to issue clones of the work to the public not being clones formerly in rotation. ii) To perform the work in public or communicate it to the public.
iv) to make any cinematography the film sound recording in respect of the work. v) to make any restatement of the work vii) to do, in relation to a restatement or adaption of the work, any of the acts specified in relation to the work in sub clauses( i) to( vi)-
( b) in the case of a computer programme- i) to do any of the acts specified in clause. ii) to vend or give on marketable reimbursement, trade of any dupe of the computer programme. handed that similar marketable reimbursement applies in respect of computer programme where the programme itself isn’t the essential object of the reimbursement; (ii) In case of the Cultural work – To reproduce the work in any form, like strong, definition in three dimension of a two dimensional work; or definition in two confines of a three dimensional work,
( ii) to communicate the work to the public
iii) to issue clones of the work to the public not being clones formerly in rotation. compass of Copyright protection only applies to original works of authorship. This means that the work must be authors own creation, The work must be fixed in a palpable medium of expression. This means that work must be recorded is come way so that it can be reproduced or communicated.
Right of author to relinquish Copyright – The author of a work may relinquish all or any rights comprised in the copyright in the work of giving notice in the specified form to the Registrar of Imprints or the way of Public notice and their upon similar rights shall subdue to the provision of sub-section( 3), check to live the date of the notice. ii) For purpose of this section a erudite, dramatic or musical work or an adaption of any similar work shall be supposed to have been published, it has been performed in public or if any( sound recording) made in respect of the work have been vended ot the public or have been offered for trade to the public. emendations – Objects and Reasons – Clause 24. The term copyright in photos have been increased times to fifty times in views of the normal term having been enhanced from life and twenty- five times to life and fifty times.
Copyright v/ s Plagiarism
It’s an ethical conception bases on community norms and copyright violation is case of laws whereas plagiarism is case of ethics.
still, indeed in plagiarism discipline is there. Imprints has a certain period for the author and sixty times after his death, After that any bone can publish it.
Plagiarism is an offense against the author, while copyright violation is a offence against the copyright holder. Plagiarism applies when ideas copied in copyright violation occurs only when a specific fixed expression. In copyright profit aqueducts are concerned but plagiarism is adequately appropriating intellectual theft.
Case 1 – Navsahitya Prakash v/ s Anand kumar AIR 1981
In this case, the Madras high court held that both under the dupe right act of 1957 and imprints Act 1914, anyhow of registration , an author acquires a copyright in his work and non- registration thereof doesn’t disable the proprietor of a copyright for bringing an violation action. violation of copyright – When copyright Infringed –( i) With any person, without a license granted by the proprietor of the copyright or the Registrar of Imprints under this Act or in violation of the conditions of a license so granted or of any condition assessed by a competent authority under this act –
( i) does anything, the exclusive right to do which is by this act conferred upon the proprietor of the copyright, or
( ii) Permits for profit any place to the public where similar communication constitutes an violation of the imprints in the work, under he wasn’t apprehensive and had no reasonable ground for believing that similar communication to the public would be an violation of copyright, or
( iii) when any person – makes for trade or hire, or sells or lets for hire by way of trade display or offers for trade or hire, or ( iv) distribute either for the purpose of track or to such an extent as to affect pre judicious the proprietor of the copyright, or ( v) by way of trade exhibits in public, or significances in India any infringing clones of the work. Term of copyright in cinematograph flicks In the case of a cinematograph film copyright shall live until( sixty times), from morning of the timetable times in which it was published.
Case 2 Khanjanchi flicks exchange and Anr v/ s state of MP and Ors on Feb 2002.
The solicitation is seeking relief to direct repliers to help violation of the imprints of the desires and also to restrain illegal webbing of film named KKKG. Petitioners contended that procedures haven’t released videotape rights of film KKKG, thus violation of copyright by illegal duplication of film and webbing charge also immense disadvantages. They take sanctum of right to trade, Copyright Act piecemeal from By Laws to take cognizance and seize appropriated material. Accordingly, written solicitation is preferred seeking mandamus against 35 repliers. Petitioners succeeded in carrying interim relief, still failed eventually and paid cost of 15000 INR, single judge having come to the conclusion after consideration how petitioners misuse the governance of the court, putting repliers to gratuitous notice. Short question advanced for our consideration by petitioners for our consideration is that they authentically restrained violation of “ Copyright Act ” illegal and inconvenient duplication and webbing of the cinematography film KKKG the experience being that with a view to give quick entertainment to guests, string drivers indulge in making vids and screen them through colourful means. On this appeal, protection was sought so that Police officers could take action and help commission of crime. They placed reliance on Regulation 321 of MP Police regulation which envisages duty police to help the commission of Crime. The entire Police duties in connection with the purpose of the Act within in certain area have been put in the charge of special Officer. There must be definite purpose behind provision of appointing a Police Officer, Incharge of the Police duties with a specified area of the purpose of the Act, there can be no special reason for making the provision for appointment of Special Officer, The expression “ Police duties ” will vicious all functions of Police in connection with the purpose and in special environment of the Act they will include the discovery, forestallment and disquisition of offence and other duties which have been specifically assessed under the Act “ The police Act of 1861( Act of 1861), is described as an act regulation of Police and is there on Act for regulation of that group of officers who came within the word “ Police ” whatever meaning be given to that word. The Preamble Act for the saying where it’s advisable tore-organise the Police and to make it a more effective instrument for the forestallment and discovery of Crime. This indicated that the police is the instrument of forestallment and discovery of Crime which can be said to be main ideal and purpose of having the police. Section 23 and 25 laydown the duties of the police officer and section 20 deals with authority they can exercise. They can exercise similar authority handed for Police officer.
Law of Copyright , Object and Designs – Since the enactment pf the Design Act, 1911 considerable progress has been made in the field of technology. The legal system of the protection of artificial designs requires to insure effective protection of registered designs. The proposed Design Bill is basically aimed to Balance their interest to produce needed incitement for design exertion while removing impediments to free use of available designs. Section 22 deals with pirating of registered designs- The sole purpose of this Act is protection of the intellectual property right of the original design for a period of ten times. The ideal –
• To profit the person for his exploration and labour put to evolve a design.
• Those whose want to buy an composition for use are frequently told in their choice not only for practical efficacity but the appearance. Common experience shows that not all are influence in same way. Some look for cultural merit. Some are attracted by design which is strange and crazy. numerous simple chase which catches the eye important study time and expenditure may have been incurred in chancing a design which increase trade.
• The ideal of the design registration is to see that the originator of a profitable design isn’t deprived of his price by others apply for goods.
• The purpose of this Design Act is to cover new designs cooked to be applied to( or in other words, to govern the shape and Configuration) particular papers to be manufactured and retailed commercially. • Profitable at each, ought to be made the subject matter of a patent. • Primary concern, not to with stage or help direct reduplication of the image registered as the design. • Visual image conveyed by the manufactured composition.
Case 3- Doverltd., Nunneger Cellulaidaren Fabrik Gebruder Wolff.
This was a case in which the question was of the pattern or garnishment of handgrip for cycle handles brought on action for violation against a German establishment of manufacturers and against their London agents. The Defendants admitted that they were dealing cycle handles with design suggesting the complainant’s listed design but contended that complainant’s listed design wasn’t a new or original design not preliminarily published in UK and contended that it was generally known for numerous times previous to the date of registration. Through the Single Judge held that the design was new/ original having regard to the kind of composition for which it was registered and that it had been applied by the defendant to the cycle handle vended by also but court held that design wasn’t new or original with description of Patents and Design Act of 1907 and that the defendants hadn’t infringed. Court said “ In my opinion, there’s no Originality, if still, the Repliers ’ counsel is right in saying that the design is the whole thing as showing in the picture, also it seems to me that the Defendants haven’t infringed. Their handle isn’t divided in to six panels but in to nine panels. Fraudulent reproduction in there was clearly name, neither was there egregious reproduction moreover. Ina my judgement, their Act was intended to cover Design which really have some graces by the way of novelty or Originality and not give colour of similar paltry and trivial claims as have been set up this case, The appeal must, I suppose succeed and action is dismissed with cost.
Case 4 – UTV Software Communicationltd.,V1337x.To And Ors April 2019.
UTV Software communication faced problem where numerous websites was hosting and furnishing access to their copyrighted pictures without authorization. They filed case against there websites and also against the Ministry of Electronics and Information Technology and colorful ISP’s. still, some of their websites were hosted outside India, so the court had to come up with a result to stop them from infringing on UTV’s imprints. Th Court introduced a new procedure called a “ Dynamic injunction “ which allowed UTV to extend the website blocking injunctions not only to the specified websites but also those that appeared latterly any glass deflect websites. This means that UTV could file an fresh affidavit stating why a new website fell within the pursuit of an being blocking order and ISPs could dispute the graces of the blocking order. This process helped pirating by similar “ mischief websites ” and reduced the burden on the copyright possessors to go through the grueling route of action over and over again. Civil Remedies and Offences violation of Copyright emendations, Objects and Reasons – The provision to sub clause( i) has been revised so as to empower the court to grant the complainant in addition to an instruction o decree for the whole or a part of the gains made by the whole or a part of the gains made by the infringes as the court may suppose reasonable. Apropos, in the originals right have been neglected vittles the words that the complainant was the proprietor of the copyright ’ have been neglected, A new sub- clause( 2) has been added to exercise certain presuppositions about the authorship or the publisher of a erudite, dramatic, musical or cultural work. Any person who deliberately infringes or abets the violation of – a) the imprints in a work or b) any other right conferred by this Act 53( except the right conferred by section 53- A) 54( shall be punishable with imprisonment for a term of not lower than six months but may extend to three times and with fine which shall not be lower than fifty thousand rupees but which may extend to two lakh rupees.
Conclusions – Copyright law is to give protection and recognition to creators of original work encouraging cultural and creative endeavours . Copyright protection subventions creators the authority to control the use and distribution of their works for a limited period.
FAQs’
1. What is Copyright Law?
Copyright law gives creators of original material that exclusive right to further use and duplicate that material for a given amount of time. Once a copyright expires, the copyrighted item becomes public domain.
2.What are the four things can be copyrighted?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical and artistic works, such as poetry, novels, music, songs, computer software and architecture.
3.What are the 5 copyrights laws?
The five fundamental rights that the bill gives to copyright owners – the exclusive right of reproduction, adaptation, publication, performance and display are stated generally in section 106.
4.How copyright licensed?
A compulsory license is a statutory license that permits the government to grant a license for the use of copyrighted works without seeking the consent of the rights holder.
5. What is Copyright infringement?
The unauthorised use of someone’s copyrighted work for a profit. It results in the infringement of certain rights of the copyright holder, such as the right to distribute, reproduce, perform or display the protected work.
