INTRODUCTION
The field of intellectual property is one that continues its rapid growth. It is to be believed that the rapid growth can be attributed to the spread of computers and communication technologies throughout the world.
At present times, intellect is an integral part of one’s personality & one’s intellect plays an important role in deciding what sort of labor his body be engaged in. Similarly, there is increased emphasis on the need to enhance the protection of written materials, including computer software, through Copyright registration.
Copyright has the important place in Intellectual Property Rights. Copyright is a fundamental area of the intellectual property rights which is important not only with respect of works authored by the individual but also because it includes different kinds of works. Literary & artistic creation is a unique feature of human which has been recognized and protected by law in the form of copyright.
The copyright law, i.e. The Copyright Act, 1957 deals with particular forms of creativity, mostly concerned with mass communication. It protects original works of art, literary, musical, cinematographic movies & sounds. Section 30-32B of Copyright Act deals with Licenses.
INTERNATIONAL COPYRIGHT
There is no complete international law on copyright, but each country sets forth its own substantive and procedural rules with respect to use & protection of copyright.
TRIP’s agreement has played a central role in providing adequate set of rules & standards across the world for protection of intellectual property which includes all forms of intellectual property from copyright to trade secrets, etc.
The introduction of the convention was a huge step forward for copyright protection. The practical & effective implementation of these rights depends on many factors, including the capacity of obligated countries legal systems.
The Universal Copyright Convention adopted at Geneva is a landmark field of copyright law. The convention is not only for economic & financial interest but also an important part of foreign policy.
INFRINGEMENT OF COPYRIGHT
One of the basic ways to violate the copyright rights of others is by representing, reproducing or distributing the work of another without permission.
There are certain acts which does not amount to infringement, which includes the use of copyrighted works for use of study, review, criticism, research & analysis, schools, judicial purpose, etc. for which prior permission is not required.
But when such copyrighted work is used for copying, piracy, unauthorized trade, dealings without prior permission from the creator and using it without giving credit to the creator amounts to infringement of the copyright.
Case study
Yash Raj Films vs Sri Sai Ganesh Production
A suit of infringement was filed by Yash Raj Films (YRF) against Sri Sai Ganesh Production (SSGP) that they had copied their film Band Baaja Baraat which is initially produced by YRF. The film by SSGP had a substantial similarity in terms of theme, plot, character of the film.
While determining the issue, the court took into consideration section 13 & 14 of the act and increased the test of originality. And based on the analysis the court found that the film had copied the fundamental, essential & distinctive feature of the film and infringed the maker’s copyright. The defendants had no prospect of defending the suit as their defense had been struck off by the court.
CONCLUSION
It is time to rethink and amend copyright system under the digital network environment. Based on comparative research on international & regional conventions, regulations, policies; we should attain a balance of interest among copyright holders, transmitters and public user.
The analysis of these issues and corresponding reform proposals are not only to reverse the trend of worldwide copyright expansion so as to make copyright law appropriate. This implies appropriately responding to digital network challenges & emerging of mix culture.
There is a significant advantage of getting copyright registered. In order to be able file a suit in the court for infringement of copyright and stand a chance to recover any type damages thereof.
The loopholes mentioned in the context of the developing nations, can be addressed by the developed nations in order to make the nation more dynamic & effective in nature.
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