Intellectual Property Rights |
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Copyright
Copyright, one of the form of intellectual property law, offers exclusive rights for protecting the authorship of original & creative work like dramatic, musical and literary in nature. Symbolized as "©", here the term 'exclusive rights' mean that the holder has the right to determine who will be credited with the work, who will perform the work and who will be benefited financially from it. However, copyright does not extend any protection to the facts, methods of operation, system, ideas except to the ways in which they can be expressed. Being a copyrighted item does not mean that other person can't use or write on subject matter of particular item. For e.g, if a person has written on a new motor cycle and he has copyrighted his article then it means that other person can't use that article but he is free to write his thoughts on the similar motor cycle. Copyright holder does not hold the rights by themselves. Instead of it they relinquish it to publishers or big companies by entering into the contractual agreement. Generally copyright is enforceable as a civil cases but in some jurisdiction, there are criminal infringement statutes. Criminal Sanctions are made for targeting the counterfeiting work. There are innumerable factors which determine the length of the duration term. Like the nature of work, the status of work i.e, whether it is published or unpublished and finally whether the work has been created by single person or group. Generally in various part of the world, the copyright has been granted for whole life of the author plus for 50 or 70 years. Indian Copyright Act, 1957 The Indian copyright act facilitates the owner for reproducing or reusing their copyrighted items, to prepare its derivate, to public their work and to distribute copies of their creative items. Copyright aims to protect the work of creator, transformed in a tangible form of expression. It includes art work, plays, movies, shows, various types of music, sound and songs, books, manuscripts, written work and all types of images, photos, pictures, drawings, graphics. Copyright Registration Copyright comes into effect as soon as the work is done and no formalities are required to be follow. However, certificate of copyright registration and entries made there upon serves as the prima facie evidence, at the time of any dispute, in the court. But there is a procedure exist for registering the both published/unpublished work in the Register of Copyrights, maintained in the Copyright Office of the Department of Education. If the work has been registered as the unpublished in the Register of Copyright but subsequently it is published then the requisite changes can be make by the applicant in the Register of Copyright with addition to prescribed fees. Procedure of Copyright It is required to be in written form duly signed and authenticated by assignor or by his authorized agent. It should legibly specified the amount of work and rights which are assigned to the other person. To avoid emergence of conflict in near future, time with duration and territorial area should be explicitly mentioned. It should clearly specify the royalty which is required to be paid to author or his legal representative. The mentioned assignment should be clearly subject to termination, extension on terms & conditions duly agreed and signed by both parties. There are some acts which have been put under the head of 'copyright infringements' -
Copyright helps in protecting the original published/unpublished work, that can be fall under the different heads of literature, musical, dramatic, artistic and intellectual. If we say the economic and social development of the nation relies upon the creativity skills of its people, then there would be no exaggeration. Copyright helps in making a protective shield, which is conducive for the growth rate of writers, artists, producers, musicians, cinematographic artists and induce them towards indulging into more creative work. By copyrighted their creation, copyright holder can enjoys following rights -
In case of the foreign work, only those work of nations are protected in India which are the member of the Berne Convention for the Protection of Literary and Artistic Works, Universal Copyright convention and the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement through the International Copyright Order. Similarly to grant protection to the Indian work in throughout the world, India has also entered into the below international conventions on copyright and neighboring (related) rights -
The Indian Government has established Copyright Enforcement Advisory Council (CEAC) as an apex body for dealing in copyright related issues. No special courts have been set up for hearing cases pertaining to copyright related matters. The act facilitates the person to either contact directly to the board or take the help of normal courts regarding copyright issues. The board is not only taking care of infringe cases but also govern all the issues related to copyright in India. The Copyright Board is quasi judiciary in nature and it comprises of 2 or more but less than 14 members. The chairman of the board enjoys the same level that of High Court Judge. Registered Copyright Societies in India
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