One of the most heard term that is copyright but we don’t know what exactly it is so today lets know about it in details the term Copyright is a legal expression which is directly used to express the rights that are given to the creators for their original work, when it Comes to work in copyright it covers The Collection of books, advertisements, maps, music, Computer programmer cinematography etc. whatever original work that is being done by a creator has to be protected and protection is given so that none else can make the copy of that work. Copyright is a bundle of rights that exist with the owner of that work who has all the rights & of exploitation of the work any manner he wants and this work also. Includes rental Rights. When, we talk about rental rights it basically means the rights to rent out the Copy that are bong made by the per Creator. but when it comes to renting out not any person can rent it out only owner has the right to rent out the work and that to only if they have license to do so
when copy right Act Came to India This rental right was not includes in the India Copyright Act, 1957 but as in the middle duration There was many problems. That were faced so in India though an in 1994 the rental Copyright Introduced in India. This Act was amended In India by making the use of the term hire which was mention under Section is and which dealt with the economic rights off author. The two important international organization that is WTO and WIPO this play important role when it comes to copyrights because all the international treaties on copyright is being adopted by WTO and WIPO and This both organizations has made their member follow the Copyrights laws at the domestic level or in simple words all the membered Country has to mat draft the rights As their countries domestic law as per the treaties. Article 11 of TRIPS agreement, Article 7 of wat which is a part of WIPO Copyright treaty and ART Article 9 of WPP T (WIPO performances and pronogramic Treaty) which provide the commercial rental rights for Computer programs and cinematograph films. When we talk about Indian as Indian Government was as a member of country of WTO and WIPO it also amended with the Copyright Act in 2012 which has included the term commercial Rental” replacing the word hire and the term was defined in section 2(fa)
it State The following
“Commercial rental’ doesn’t include the rental, leave or leading of a lawful acquired copy of a computer program, sound recording visual recording or Cinematograph film for nonprofit purposes by nonprofit educational institution” The Amendment also explains that a non-profit library or non-profit educational institution, means a library or educational institution grants from the Government or exempted from payment of tax under Income fax Act, 1961. in India the rental rights are provides for computer programmers Cinematograph films & sound recording I Under Section 14(b) (d) and (e). This rental right which one. They are basically limited for commercial purpose but it includes more rental rights. for non-commercial purposes. So, this rental right clearly mention rights that the author can’t claim rental rights over the -books, magazines or other work when it comes to any institution which don’t have any profit motive they also don’t have any rental rights to gives books hence libraries, educational institutions can freely rent out The books and other work without any license or permission from any author.
Now a day we youth use a lot of software so when it comes to computer software This are configured as an essential part of our digital object and it can be only rented by the owner. any owner has made any software which is being created Especially for merging and splitting up The files that time the owner has complete right to take the next because he is the duly Authority that has over the control but when it comes to formation of a software which is accompanying in any machine, when is not a real or fundamental part that time the owner won’t receive any rent under the copyright law another very important factor of our life Is entertainment and major factor of entertainment is Cinematograph films and even they have to follow the rental rights. when cinematograph films comes that can be only licensed or rented out by the producer or The original owner of the film and he can rent out to all the distributors for his tame we have Theaters such an INOX, PUR etc. hare Cinemas get the license to exhibit The movies for public an provided under Copyright Law and the owners of the Theaters don’t provides movies in Theater for free but take charges and even theaters which provides with audios and video oven They are rented but only for temporary time with the permission to use it from the owner who “have right to do so. However, I’m sure most of us would once at least in a Life would have seen the small shops which are provide with some movies this kind of stores are legal under Copyright Act of India.
The amendment of Copyright Act clearly specifies that the owner of the cinematograph films has commercial rental rights and accordingly of any person acts in contravention of owner’s right which are being provided u/s 14 of the Act they will be amounted to the punishment prescribed in the Copyright Act. There was very famous name of company called tomat which was being shut down in the year 2015 because it was a big plat form which used to show pirated movies and other Copyrighted work and had no licensed.
The laws in India have become strict in last few years attempting to avoid the copyright infringement and save the economic and moral rights of the author or owner of the work. The Copyright Amendment Act, 2012 provides the commercial rental rights to owner to avoid the copyright infringement by making it easier for the customers/users to use the work in a lesser amount which will certainly result in reduction of copyright infringement. The Amendment has also expressly excluded the rental rights in copyrighted works for institutions with non-profit motive to facilitate knowledge and art for educational and social purposes without any cost.
Reference :
- http://copyright.gov.in
- https://legalserviceindia.com
- https://indiacode.nic.in
- https://indiankanoon.org
- https://selvams.com
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