Concepts and Principles of Copyright
This article has been written by Mr. Vaibhavjeet Singh, a 5th-year BBA LL.B. student of Jai Narain Vyas University, Rajasthan.
Introduction
Copyright is a legal terminology that describes creators’ rights to their literary and artistic works. Copyrighted works include anything from novels, music, paintings, sculpture, and films to computer programs, databases, commercials, maps, and technical drawings. The concept of copyright protection started with the invention of the printing machine, which made the instances of duplicating literary works mechanically. The Anne statute went into effect on April 10, 1710. This act resulted in a paradigm change in the field of copyright. It recognized the rights of published authors. This became known as the world’s first copyright law.
Prior to the 1911 act, books, and literary works were protected under the Anne statute, while other art forms such as music, painting, or photography were protected through legislation such as the Engraving Copyright Act of 1734 and the Fine Arts Copyright Act of 1862. The 1911 statute combined all of the acts into one and put the Berne Convention into effect.
Where does the Law of Copyright apply?
Copyright is an intellectual property right granted by the law to the creator of literary, theatrical, musical, and creative work, as well as the maker of cinematograph films and sound recordings. It also applies to architectural works and computer program/software. It can be viewed as a collection of rights that include the right to reproduce, communicate, adapt, and translate the work. Copyright protects writers’ rights to their creations and, as a result, encourages creativity.
Governance of Copyright Law in India
India’s copyright protection laws are governed by the Copyright Act, 1957 (Act) and the Copyright Rules. Simple notions, ideas, or pieces of information are not protected by copyright. Copyright, on the other hand, protects the original expression of knowledge and ideas. The original creator, a person who acquired ownership rights from the original creator, or an agent authorized to act on the creator’s behalf can all assert their copyright.
The Copyright Act grants the author a financial right to make any cinematographic film or sound recording, to adapt the work, to translate it, to perform or communicate it to the public, and to issue copies of the work. A paternity right, which allows one to claim authorship of the work, an integrity right, which protects one’s honor and reputation, and a general right, which prevents one from having a work falsely claimed to be their own, is also provided for under the Act. Even after the copyright has been assigned, the author still retains these moral rights. When the Finance Bill was passed in 2017, the Copyright Board, which had previously handled some copyright cases, was disbanded, and its duties were transferred to the Intellectual Property Appellate Board (IPAB). The IBAP was subsequently abolished in 2021, and authority was finally handed to Commercial Courts (a division of High Courts).
Registration of Copyright
As a party to the Berne Convention for the Protection of Literary and Artistic Works, 1886 (Berne Convention), India is committed to giving equal protection to works produced in all of the contracting states, including those produced outside of India. The Berne Convention makes it clear that copyright registration is not necessary, and India falls into line with not requiring copyright registration in order to enjoy legal protection. Therefore, registration is not needed for the Copyright Act of 1957.
Even though registration is not mandatory, the benefits of copyright registration are numerous. One of the significant benefits is that a registered owner of a copyright is entitled to statutory damages in the event of infringement, as opposed to only being able to receive an award for actual damages and profits, which can be difficult to prove in legal proceedings. Copyright registration makes it publically known who owns a copyright.
For registration of Copyright, The author of the work must submit an application to the Copyright office together with the required fee. Following that, there are numerous stages of review, including a chance for objections to be lodged in light of the copyright application. If there are any objections, the petitioner must convincingly argue their case. The registration process is complete after the registrar enters the copyright’s details in the Register of Copyrights and gives the applicant access to the Register of Copyrights Extracts (ROC).
Principles of Copyright
- India’s copyright law is applicable to all unique and inventive creations. The copyright law protects a variety of materials, including books, journals, photographs, music, sound recordings, works of art, websites, and more. Additionally, dance, architecture, and choreography are strengthened. It is likely that a piece of content is protected by copyright laws if anyone can view, listen to, or examine it.
- No copyright notification or registration is necessary in order to protect creation. It is also possible without them. The copyright law protects authors’ original creations. Any time a work is produced in any format, copyright protection is automatically applied.
- When referring to a literary or dramatic work, the term “author” refers to the person who creates the work. The author of a musical composition is the composer. When it comes to cinematograph films, the producer is the author. The proprietor of a sound recording is the producer. In the case of a photograph, the photographer is the creator and the owner. The author is the person who is in charge of producing computer-generated content.
- A piece of original work has many years of copyright protection. A writer’s creation can be protected both while they are alive and for an additional 70 years after their passing.
- However, when certain content is not copyright protected, it is possible to utilize it without being subject to legal obligations or copyright law restrictions. However, copyrights do have an expiration date after which those works are free to join the public domain and be used without restriction.
Following that, the “fundamental principles of Copyright” provide a thorough understanding of who owns the copyright to an original piece of content. The Indian legal system protects this ownership. Additionally, this Act safeguards the ownership of unpublished work.
Conclusion
Because it enhances a nation’s national cultural heritage, copyright law is seen as an essential law of protection. But the more literary, theatrical, musical, or creative works are protected in a nation, the more clever creations there are and the more renowned they are. In the end, we may say that these are the fundamental necessities for the growth of the economy, culture, and society.
References
https://www.copyright.gov/what-is-copyright/
https://copyright.gov.in/documents/handbook.html
https://www.sciencedirect.com/topics/economics-econometrics-and-finance/copyright-law
https://semo.libguides.com/copyright/copyright-principles
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