INTRODUCTION :-. In a literal sense , copyright means an exclusive rights over a new things . If any person do any creativity which is different from the others then they got a right on that creativity . In ancient time creative person like artist , musicians , writers made or composed or wrote their works for fame and recognition rather than to earn a living , thus the question of copyright never arose . In india the first legislation of its kind , the Indian copyright Act was passed in 1914 which was mainly based on the UK copyright Act 1911. But in currently copyright regulated by the copyright Act 1957 in india . SUBJECT MATTER OF COPYRIGHT :-.
Section 13 of the copyright Act 1957 tells about the subject matter of copyright on which subject copyright given . If there is any literary , dramatic , musical , and artistic works or any cinematogarhp film or any sound recording then that is the subject matter of copyright .
When a person do any creativity such as mentioned in section 13 of the copyright Act 1957 then that person get some rights on that creativity such as they have right to sell , right to use , right to license , right to assign , moral right like this . And if any other person breach their rights and use their copyright without his or her consent then that’s amounts to copyright infringement .
When copyright infringement ? Section 51 of the copyright Act 1957 says about the when copyright infringed . If any person use or sell copyright for financial benefits without the consent of the copyright owner or without the licence then that’s amounts to copyright infringement . If any person distribute for the purpose of trade or import for benefit then that also comes under the copyright infringement . There is case laws on the copyright infringement . Fateh Singh Mehta vs. O.P. singhal 1990 AIR In this case the court held that if any person without the licence which granted by the owner of copyright does anything which is right of the owner granted by the copyright Act 1957 , produce or reproduce the work or any material part of that work then he is committing an infringement of copyright . R. G . Anand vs. Delux Films 1978 AIR. In this case the court held that there is no need that infringement should be an exact but it’s resemblance with the large measure is sufficient to show that is copied .
Which are not comes under the copyright infringement ( Exceptions ). :-. ?
There are something which not comes under the copyright infringement or there are some exceptions of copyright infringement . Section 52 of the copyright Act 1957 says that some act shall not constitute an infringement of copyright . 1. If the work used for personal or domestic purpose then that’s not amount to copyright infringement . 2. If the work used for criticism or review of the work then that also not copyright infringement . 3. If the work used for teaching or reserch or private study then that also not copyright infringement . 4. If the reproduction of any work for the purpose of Judicial proceedings then that also not copyright infringement . All the things which are mentioned in section 52 of the copyright Act 1957 is not copyright infringement because of that are the fair use of the work . In the case of chancellor Master and scholars of university of Oxford V. Rameshwari Photocopy service case :-. This is the famous case in copyright infringement .
CONCLUSION :-. At last it is clear that law protect the creativity rights because of it is necessary to promote the creativity and that is done through the protection there is maxim Ubi jus ibi remedium , it means where there is right , there is remedy . Without remedy right is meaningless . So if any person infringed the copyright of the owner then the owner got remedies for that infringement .
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.