Nov 2, 2017
378 Views
0 0

Intellectual Property Copyright in India

Written by

While intellectual property law has evolved over centuries, it was not until the 19th century that the term intellectual property began to use, and not until the late 20th century that it became commonplace in the majority of the world. Since there are various Intellectual Property Types and Intellectual Property Rights. This article gives a detail information of  Intellectual Property Copyright with the help of INDIAN COPYRIGHT ACT, 1957 .

Intellectual Property Copyright

Introduction

“Intellectual Property Copyright” means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:-

(a) in the case of a literary, dramatic or musical work, not being a computer programme, –

  • to reproduce the work in any material form including the storing of it in any medium by electronic means;
  • to issue copies of the work to the public not being copies already in circulation;
  • or to perform the work in public, or communicate it to the public;
  • to make any cinematograph film or sound recording in respect of the work;
  • to make any translation of the work;
  • or to make any adaptation of the work;
  • to do, in relation to a translation or an adaptation of work, any of acts specified to the work above;

(b) in the case of a computer programme,-

  • to do any of the acts specified in clause (a);
  • to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme:

Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not essential object of rental.”

 (c) in the case of an artistic work,-

  • to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work;
  • to communicate the work to the public;
  • or to issue copies of the work to the public not being copies already in circulation;
  • to include the work in any cinematograph film;
  • to make any adaptation of the work;
  • or to do in relation to an adaptation of the work any of acts specified to the work above;

 (d) In the case of cinematographic film, –

  • to make a copy of the film, including a photograph of any image forming part thereof;
  • to sell or give on hire, or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions;
  • or to communicate the film to the public;

(e) In the case of sound recording, –

  • to make any other sound recording embodying it;
  • to sell or give on hire, or offer for sale or hire, any copy of the sound recording regardless of whether such copy has been sold or given on hire on earlier occasions;
  • or to communicate the sound recording to the public.

Hence the creator of a copyrighted work has right to control/ prevent unauthorized copying or reproduction of their work by others for a certain time period, after the said work will enter in the public domain. The protection of copyright varies according to national legislations and the type of work. Indian law extends copyright protection for work made by an individual for life time of author plus sixty (60) years. The Copyright Act, 1957 and the Copyright Rules, 1958 provide for protection of copyrights in India.

However there are various criteria for securing copyright protection for a work under Intellectual Property Copyright

Firstly, the work must be original and secondly, the work must be fixed or presented in tangible form such as writing, recording, film or photography, etc. Copyright does not protect the underlying idea but only expression of that particular idea is protected under copyright.

Copyright provided automatically to the author of any original work covered by the law as soon as the work created. Registration is not mandatory, but provides for protection of ownership in case of dispute. Copyright registration is invaluable to a copyright holder who wishes to take a civil or criminal action against infringement.

One of the supreme advantages of copyright protection is that unlike other IP rights, protection is available in several countries across the world, by reason of India being a member of Berne Convention. Protection is given to works first published in India, in respect of all countries that are member states to treaties and conventions to which India is a member. Thus, without formally applying for protection, copyright protection is available to works first published in India, across several countries. However the government of India vide International Copyright Order, 1999 has extended copyright protection in India to works first published outside India.

 

 

Find online advocate for issues relating to Intellectual Property.

Article Categories:
Trademarks Copyrights IP

Avani is a LL.B. student of New Law College. Classical use of language and adeptness with the written word make her treasure useful legal information. In her spare time, she writes prose and pursue an active interest in creative writing.

Leave a Comment

Your email address will not be published. Required fields are marked *

Bitnami