What is cpoyright
COPYRIGHT
INTRODUCTION
The copyright act 1957 as amended governs the subject
of copyright law in India. The act is applicable from 21 January 1958. The
history of copyright law in India can be traced back to its colonial era under
the British empire. The copyright act 1957 was the first post-independence
copyright legislation in India and the law has been amended six times, 1983,
1984, 1992, 1994, 1999 and the most recent amendment was in the year 2012,
through the copyright act 2012.
DEFINITION
Copyright is type of intellectual property that gives
its owner the exclusive right to copy, distribute, adapt, display, and perform
a creative work, usually for a limited time. The creative work may be in a
literary, artistic, educational, or musical form. Copyright is intended to
protect the original expression of an idea in the form of a creative work, but
not the idea itself.
Section 14 of copyright act, 1957 lays down the meaning
of the term ‘copyright’ as the exclusive right (subject to the provisions of
the copyright act, 1957)
OWNERSHIP OF
COPYRIGHT
Section 17 of the copyright act, 1957 provides that
the author of a work shall be the first owner of the copyright in the work.
INFRIGEMENT OF
COPYRIGHT
Copyright infringement is the use or production of
copyright-protected material without the permission of the copyright holder.
RIGHTS IN COPYRIGHT
There are two types of right protected by copyright:
a)
Economic
rights, which allow the owner to
derive financial reward from the use exploitation of the work. The owner of
copyright in a protected work may use the work as he wishes-but not without
regard to the legally recognized rights and interests of others-and may exclude
others from using it without his authorization. Right of Reproduction and other
associated rights and Translation and Adaptation Rights, Performing Rights, and
Broadcasting Rights come under the head of Economic Rights.
b)
Moral
right, which highlight the
personal link existing between the author and his work are independent of the
usual economic rights and they are to remain with the author even after he has
transferred his economic rights.
DURATION
Literary or Artistic work min.50 year of author death (in
India 60 year)
In combine author (work) count on the basic of death of 2nd
person.
(Posthumans, Anonymise)
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