Introduction to Copyright Laws
Copyrights is an intellectual property right which is given for literary works, Drama, Writings, artistic works, musical composition, cinematographic work, computer programs and many more. The copyright gives right for the ideas and the expression for the individual’s labor. It provides for an exclusive right over the copyrightable material.
There are two-fold objectives of the copyright first is to provide the right over the creation of an individual. And the second is to restrict the use of copyright and to regulate the fair use of copyright.
Historical development of copyright law in India
The copyright has its roots from the Berne convention of 1886 which provides for the protection for creations like literary and artistic works and many more.
During the British era also the copyright law existed in India. The first legal framework for copyright law was the Indian copyright Act, 1847 which was the initial legal framework for copyrights.
Then in 1914 the new copyright Act was enacted that is the Indian copyright act of 1914.
Till the independence the copyright has been regulated from the 1914 act only and then the post-independence brings a new realm, for the copyright law. After independence when it was the need to make every laws according to the tradition and culture of the nation ad not from the point of view of the Britishers the new copyright Act was enacted in 1957. This is the current legislative framework of the copyright laws in India. This act has been amendment few times in 1983,1984,1992,2004.
Features of Copyright Laws
Salient Features of the copyright law:
- Originality and novelty: The copyright law only protects the original work. The work has to be original and must not be copied or is based on someone else’s work. The work must be original and new in order to get protected under copyright law.
- Exclusive right: The author or the owners has the exclusive rights over the copyright. It means the owner has the right related to publish, sell, reproduce, modify, distribute or assign the work. The author has right related to his work and it cannot be used by others without the author’s consent.
- Ownership and authorship: The first owner of the copyright will always be with the author and then the act provides for the cases in which the owner and author is discussed.
- Remedies: The act provides for the civil and criminal remedies an owner can seek in case of the infringement of the copyright.
- Duration: The duration for the copyright protection is lifetime of the author and 60 years after death.
- Assignment of copyright: The author and owner of the copyright has the right to assign and share his work with others and can make money. But this is solely depending on the owner of the copyright.
- Moral rights: The copyright not only provides for the exclusive right over the work but also provides for moral rights of the author and infringing them can also cause big trouble to the person who infringes them.
Introduction to Copyright law & Term of copyright
Copyrights is an intellectual property right which is given for literary works, Drama, Writings, artistic works, musical composition, cinematographic work, computer programs and many more. The copyright gives right for the ideas and the expression for the individual’s labor. It provides for an exclusive right over the copyrightable material.
There are two-fold objectives of the copyright first is to provide the right over the creation of an individual. And the second is to restrict the use of copyright and to regulate the fair use of copyright.
Historical development of copyright law in India:
The copyright has its roots from the Berne convention of 1886 which provides for the protection for creations like literary and artistic works and many more.
During the British era also the copyright law existed in India. The first legal framework for copyright law was the Indian copyright Act, 1847 which was the initial legal framework for copyrights.
Then in 1914 the new copyright Act was enacted that is the Indian copyright act of 1914.
Till the independence the copyright has been regulated from the 1914 act only and then the post-independence brings a new realm, for the copyright law. After independence when it was the need to make every laws according to the tradition and culture of the nation ad not from the point of view of the Britishers the new copyright Act was enacted in 1957. This is the current legislative framework of the copyright laws in India. This act has been amendment few times in 1983,1984,1992,2004.
Salient Features of the copyright law:
- Originality and novelty: The copyright law only protects the original work. The work has to be original and must not be copied or is based on someone else’s work. The work must be original and new in order to get protected under copyright law.
- Exclusive right: The author or the owners has the exclusive rights over the copyright. It means the owner has the right related to publish, sell, reproduce, modify, distribute or assign the work. The author has right related to his work and it cannot be used by others without the author’s consent.
- Ownership and authorship: The first owner of the copyright will always be with the author and then the act provides for the cases in which the owner and author is discussed.
- Remedies: The act provides for the civil and criminal remedies an owner can seek in case of the infringement of the copyright.
- Duration: The duration for the copyright protection is lifetime of the author and 60 years after death.
- Assignment of copyright: The author and owner of the copyright has the right to assign and share his work with others and can make money. But this is solely depending on the owner of the copyright.
- Moral rights: The copyright not only provides for the exclusive right over the work but also provides for moral rights of the author and infringing them can also cause big trouble to the person who infringes them.
TERM OF COPYRIGHT
The berne convention prescribed the minimum duration as 5 years. Thought he term of copyright varies from one country to another according to its laws. In the European Union, and in the US, the duration is author’s life plus an additional 70 years.
In India the copyright is being provided for a period of lifetime and in addition to those 60 years after death.
In case of musical work, writing, artistic, dramatic work the sixty years starts from the time when the author dies. In case of posthumous publication, cinematographic work the 60 years counter from the date of publication of such posthumous work.
Section 22 to section 29 of the copyrights act, 1957 talks about term of copyright. Copyrights is an intellectual property right which is given for literary works, Drama, Writings, artistic works, musical composition, cinematographic work, computer programs and many more.
Section 22 of the copyrights Act,1957
It provides that for the literary, dramatic and artistic work the copyright protection is granted for the lifetime of the author and in addition to those 60 years after his death. The 60 years will be counted from the date he has ben dead.
If it is produced by coauthors the copyright will last from the time when the last surviving author lives and 60 years beginning from the day he passes away.
Section 23 of the copyrights Act, 1957
If the work that is literary, dramatic, musical, or artistic published anonymously the protection can extend up to 60 years from the beginning of the year following the year of initial publication. If the author is identified before the starting of sixty-year period then the period is to be calculated sixty years from the authors death.
If the identity of the co-authors is revealed before the sixty years mark then the copyright will be provided for the duration of the sixty years from the death of such co-author.
These provisions provide for clear and transparent ways for the term of protection of the copyright.
Section 24 Posthumous work
According to this section if the author of any work has died before publishing of the work the copyright will last from the Date when the work first published till the sixty years from the date.
This provision’ s objective is to ensure that even if the author dies, he still receives copyright foe his work.
Cinematographic work: section 26
In case of a cinematographic work it begins from 60 years from the first publication of the work. This is to safeguard the right of the film makers and creators.
Sound recordings section 27
Sound recordings also the copyright begins from 60 years from the first publication of the work.
Government works: section 28
Copyright in such cases will be granted for 60 years from the beginning of the year that comes after the year in which work has ben published.
Section 29- works of international organizations
The copyright in this case will be lasted for a period of 60 years from the beginning of the year immediately following the year in which work published.
