Author: Anchal Jain, Department of Law, Rajeev Gandhi college, Barkatullah university, Bhopal, India
TO THE POINT
The principle of freedom of contract and Copyright law both are intersect and engaging and sometimes in continuous ways. This article explores the work of these two legal doctrines which interact with each other and arising the challenges from their interplay, and Probable improvement for balancing creative rights with contractual freedom. For understanding the relationship between these two doctrines it is essential for policymaker, creator and consumer navigates the evolving landscape of intellectual property and private agreements.
Copyright is a legal framework where freedom of contract is a legal foundation.
Copyright law protect the original work and the rights of authorship. The rights included the exclusive authority to reproduce, distribute, perform, display, and create derivatives work.
The primary object of copyright law is-
1. Balancing interest
2. Incentivizing creativity
3. Promoting public access.
The principal of freedom of contract allows parties to negotiable and established agreements according to their preference and they do not violate laws or public policy. That contract include:
1. Voluntariness
2. Autonomy
3. Enforceability
Agreement is enforceable only when they follow legal terms.
Contract must be entered into without coercion.
Parties must have to decide the autonomy to decide the terms of their agreements.
THE PROOF
The interaction of copyright and contract law becomes evident particularly in agreement that transfer or license copyright-protected works.
These types of agreement allow creator to mint their intellectual property, and also rise important legal question.
Key issues as proof
1. Licensing agreement
The freedom to negotiable terms allows creators and licensees to their agreement to their needs. But they only use their license for specific work uses.
2. Moral rights
Moral right protects the creator personal connection to their work. But sometimes its conflict with contractual agreement, especially when the contract attempt to waive or limit moral rights.
3. Clickwrap and browse wrap agreements
Digital platforms require users to agree terms and conditions that included copyright related clauses.
4. Assignment of copyright
Contracts can transfer ownership of copyright to original creator to another party. It is a valid legal process of freedom of contractual agreement but the creator lose their control over their work.
5. Standard from contracts
The contract may restrict the freedom of creators to negotiate terms, raising concerns about fairness and bargaining power.
ABSTRACT
The right of copyright is not absolute, they are under some limitations such as fair use, statuary licenses, and compulsory licenses. While the principle of freedom of contract law is rooted in belief that individual is best who determine their interests are negotiate terms accordingly, it is a cornerstone of private, it is not without limits.
Example- contract that involve illegal activities or exploitative terms are typically unenforceable.
The interaction between copyright and contract law has led to various challenges and controversies.
1. Perpetual transfer – these terms can undermine the principle that copyright should eventually enrich the public domain.
2. Waiver of rights- contracts may require creators to waive certain rights, like moral right etc.
3. Lack of transparency- in the time of digital age end users’ agreements mostly included copyright related clauses that are not clearly explained to users.
To balancing the principle of copyright protection with the freedom of contract. There are some strategies like-
Government can enact laws to protect creators from exploitative contract.
It must be in a simplified in language and its help users to make informed decisions.
Policymakers must establish the guidelines for standard form of contract to prevent unfair terms.
Alternative disputes resolution mechanism, such as mediation can help parties
Resolve copyright contract disputes more efficiently and amicably.
CASE STUDY
1. Publishing- author frequently sign contract with publisher that already include clauses which limiting their ability to exploit their works independently.
2. Digital platform- the platform like YouTube and Instagram includes terms that grant broad licenses to users-generated content.
CONCLUSION
The intersection of both the principle are in complex with each other and evolving area of law. While contractual freedom allows creator and users to tailor agreements to their needs. It can also leads to some important challenges particularly for creators with limited bargaining power. As technology continues to reshape the landscape of copyright and contract, ongoing dialogue and collaboration will be essential to address emerging issues and foster a more equitable creative ecosystem.
