THE INTELLECTUAL PROPERTY RIGHTS(IPR) AND COPYRIGHT:
The property which is created by intellects is known as Intellectual Property. These might be artistic, literary, industrial, or other creations that have been created using one’s mind, intellect. And so to protect those creations and inventions, Intellectual Property Rights(IPR) is there. Only the intangible goods come under IPR.IPR is divided into two parts-:
Under Industrial property comes the patent,(protects invention),trademark(protects identifier),industrial designs(protects structure),geographical indication(protects locality).
Copyright is a legal means of protecting an author’s work. It’s a type of intellectual property that provides exclusive publication, distribution, and usage rights for the author. Any original content published on the web is protected by copyright law.Literary,dramatic,musical,films,artistic,computer programs,cinematographic,sound-recording,etc come under the copyright.Taj hotel is the only building structure to have copyright.
Literary include writings in the form of poems, novels, stories, etc. Dramatic include reality shows and dramas. Producers too have got copyright.Producers of BiggBOss(BB),Splitsvilla,etc can claim copyright.Cinematographic include movies.
It’s an exclusive right given to the authors, producers. Any infringement of copyright is dealt with by the Copyright law in India. It’s an exclusive right conferred upon for the reproduction of work and distribution of work.
Berne Convention was the first one to provide for the protection of literary and artistic works.TRIPS provides the minimum standards for the protection of rights of the creator of the work.WIPO Copyright Treaty provides for digital agenda: Protection of rights of the copyright holder in digital work.WPPT
What’s not protected are ideas,facts,principles,concepts.discoveries,short phrases.
COPYRIGHT LAWS IN INDIA:
In India, there is a copyright law to protect literary and artistic works. To pace up with the global world, the Copyright Act,1957 has brought the copyright law in India along with the developments in the information technology industry. Indian Copyright Act,1957 is a right given by the law to creators of literary, dramatic, musical, films, artistic works, etc. This is the governing law for the protection of copyright in India. Subsequent amendments were made to the actin 1999,2002 and 2012. India is an active member of the Berne Convention for Protection of Literary and Artistic Works,1886, Universal Copyrights Convention, Geneva Convention for the Protection of Rights of Producers of Phonograms, World Intellectual Property Organization(WIPO), and United Nations Educational, Scientific and Cultural Organization(UNESCO).
Any artistic work comprising of a painting,sculpture,drawing,diagram,chart,photograph,architecture,artistic craftsmanship,dramatic work,literary work,computer programmes,computer tables,compilations,computer database,musical work,sound recording and cinematographic film.Under the Copyright (Amendment) Act,2012 remixing of songs is valid only after taking permission from the original creator.
There is an advisory body on copyright matters, the copyright Enforcement Advisory Council(CEAC) is the body in India. But there are no special courts for copyright cases. The regular courts try this case.
If anyone infringes the copyright shall be liable under the Copyright Act.
DO ALL COPYRIGHT REQUIRED REGISTRATION?
Copyright registration isn’t mandatory in India and is protectable through the International Copyright Order,1999. But it’s better to do the registration because this acts as a ‘proof of ownership’ in courts and this would let the litigation procedure go smooth.
Both published and unpublished works may be registered. But when an unpublished work has been registered and subsequently it’s published then the applicant may apply for changes in the Register of Copyright in Form V with a prescribed fee
LICENSING OF COPYRIGHT IN INDIA:
The owner of any copyrights may grant a license under the copyright law. Such licensing gives the third party to use and authorize a third party to use and distribute the copyrighted work.
TENURE OF COPYRIGHT IN INDIA:
The copyright is protected for a limited period. Copyright is only for 60 years. In the case of original literary or artistic works, the period is counted from the year following the death of the author. But in the case of cinematography, photography, sound recordings, works of government, and works of International Organisation, the 60 years is counted from the date of publication.
HOW FAR INDIA PROTECTS FOREIGN LITERARY AND ARTISTIC WORKS:
Those foreign nationals whose countries are members of the Convention Countries, India protects such nationals works. This is so because India is a part of the convention too. The works are protected against any infringement under the International Copyright Order,1999. Hence these are this is the brief about copyright laws in India with scrutinizing upon registration, history, licensing, and duration of Copyright Laws in India.
FARHANA BEGUM CHOUDHURY
BALLB 5TH SEMESTER
BISHNU RAM MEDHI GOVERNMENT LAW COLLEGE, GUWAHATI, ASSAM