A Copyright gives the creator of original works exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or works which includes:
- Plays and other literary works.
- Musical composition, sound recordings.
- Computer software, radio and television broadcasts, and industrial designs.
Copyright is the right given under the law ownership of a written document, musical work, artistic or dramatic work. In fact, it also includes right of reproduction, transformation and explanation to the work. Copyright is a form of IPR which is Intellectual Property Rights, applicable to certain forms of creative work. It is often shared among multiple authors, who holds a set of rights and license to work.
History About The Law of Copyright
The Copyright Act 1957 (as amended by the Copyright Amendment Act 2012) which governs the subject of copyright law in India. The Act was applicable from 21st January 1958. The history of copyright law in India can be traced way back to its colonial era under the British Empire. The Copyright Act 1957 was the first copyright after independence legislation in India and the law has been amended six times since then. The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012. India is a member of various international conventions governing the area of copyright law, including the Berne Convention of 1886 (as modified at Paris in 1971), the Universal Copyright Convention of 1951, the Rome Convention of 1961 and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
International Copyright Treaties
1. Berne Convention Of 1886
The Berne Convention is for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement, which was first accepted in Berne, Switzerland, in the year 1886. The Berne Convention introduced the concept that a copyright exists the moment a work is “fixed”, rather than requiring registration. It also enforces a requirement that countries recognize copyrights held by the citizens of all other parties to the convention.
2. Universal Copyright Convention of 1951
The Universal Copyright Convention (UCC), was adopted in Geneva, Switzerland, in the year 1952, is one of the two principal international conventions protecting copyright; the other is the Berne Convention. The UCC was developed by United Nations Educational, Scientific and Cultural Organization (UNESCO) as an alternative to the Berne Convention for those states which disagreed with aspects of the Berne Convention, wished to participate in some form of multilateral copyright protection.
3. Rome Convention of 1961
The Rome Convention was enacted for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, on 26 October 1961. The agreement extended copyright protection for the first time from the author of a work to the creators and owners of particular, physical manifestations of intellectual property, such as audiocassettes or videocassettes.
4. Trade-Related Aspects of Intellectual
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994 and is administered by the WTO. TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures.
To promote the progress of Science and Useful arts is objective of copyright and not to reward the labour of authors. Copyright persuade authors of the right to their original expression and exchanges other to build upon the ideas and information conveyed by a work. For certain types of works, the copyright owner also has the right to intercept the unauthorized public performance or display of the copyrighted work
Registration of Copyright
A requisition of copyright registration includes three essential elements:
- A completed application form
- A nonrefundable filing fees
- A nonreturnable deposit-
That is, a copy of the work being registered with the copyright office. Registration of copyright is not mandatory in India. Copyright is a form of intellectual property law protect the original work of authors, artist and singer including Literary, Dramatic, Songs, Computer Software and Architecture.
Landmark Judgement Related To Copyright
Sony Corp. v. Universal City Studios, 464 U.S. 417 (1984)
Petitioner Sony Corp. manufactures home video tape recorders (VTR’s) and markets them through retail establishments, some of which are also petitioners. Respondents own the copyrights on some of the television programs that are broadcast on the public airwaves. Respondents brought an action against petitioners in Federal District Court, alleging that VTR consumers had been recording some of respondents’ copyrighted works that had been exhibited on commercially sponsored television, and thereby infringed respondents’ copyrights, and further that petitioners were liable for such copyright infringement because of their marketing of the VTR’s. Respondents sought money damages, an equitable accounting of profits, and an injunction against the manufacture and marketing of the VTR’s. The District Court denied respondents all relief, holding that noncommercial home use recording of material broadcast over the public airwaves was a fair use of copyrighted works, and did not constitute copyright infringement, and that petitioners could not be held liable as contributory infringers even if the home use of a VTR was considered an infringing use. The Court of Appeals reversed, holding petitioners liable for contributory infringement and ordering the District Court to fashion appropriate relief
The Indian copyright act was enacted with a motive of securing the right of the original authors. It aimed to encourage and provide an incentive to create original works. Copyright laws are enacted with relevant exceptions and limitation to ensure that a balance is adjustable between the interest of the creator and of the community. These rights conferred on the performers are a positivism step in encouraging their creativity.