Chapter 3 Copyright

Definition of copyright: When a person creates a literacy, musical or artistic work, he or she is the owner of that work and is free to decide on its usage. That person is called as creator or author or copyright holder. Copyright is right given to the creator of literary, musical, dramatic or any such other work to protect the work from unauthorized usage.

Creator can make copies of his work, he can prevent others from copying it.

Copyright in India

Copyright in India was introduced during the British rule. First law on copyright was enacted in 1847 by the Governor General of India. When copyright act of 1911 came into existence in England, it became automatically applicable to India. This act was in practice until the Indian Independence. Then new copyright act of 1957 came into effect. Thereafter act has undergone many amendments. Latest amendment was made in 2003, which came into force in May 2004

Works that comes under Copy-right:

  • Literary works.
  • Damatic works.
  • Musical works.
  • Artistic works.
  • Cinematographic works.
  • Sound recording or similar works.

Rights of copyright holder

  • Author can reproduce his work.
  • Ahor can publish his work.
  • Author can perform his work in public.
  • Author can produce or reproduce, perform translation of his work.
  • Author can make any cinematographic film or record in respect to his work.
  • Author can make changes to his work.
  • Author can make translation of changes.

Why to protect those works?

  • The works are related to human creativity.
  • Such works give the creators some economic rewards.
  • Creators has the assurance about infringement of their creativity.
  • It provides a means for fair-use of the work.

Duration of copyright

Duration of a copyright differ from country to country based on their law.

Some countries have the duration of 50 years after death of the creator.

Copyright © Symbol:

If a work has © followed by a date or year it means, that work is created or modifiedin that year . The owner of that work has the right to re-use, reproduce, broadcast, modify those works.

How to claim copyright?

Author of creative work has all the rights over his work from the time of creation.

If author drew a picture, that is unique, he should have some proof that he created that work on that date. No need to register the work for a copyright is required. As soon as the creator finished the work author owns the right.

Ownership of Computer Software

Programmer of the software is the creator of that software and he is the owner of that software. If a company or an enterprise hires programmers to create a software then that company or enterprise owns the copyright.

Computer software has an economic value, hence it needs to be protected. Softwares can be decompiled hence infringer can view the source code. Either that infringer can modify or he can re-compile and resell that pirated software.

Software piracy costs alot loss to software industry.

There are vaious ways that the infringement of computer software can happen:

  • Selling Pirated software through internet.
  • Selling pirated softwaare through mails.
  • Copying such software package to cds or pendrives and transferring it.
  • Selling that software by installing in user computer.

Broadcaster’s right

This is the right of the broadcaster against infringement of that work. Owner retains his copyright towards his creation. Broadcaster right is not based on creation rather based on broadcaster’s investment. It can be obtained by broadcasting the work to public.

Broadcaster’s right in India

An amendment in 1994 , Section 37 of Copyright Act was substituted with the broadcaster with new section providing that broadcaster reproduction right.

Broadcasers can:

  • Reproduce the broacast.
  • Broadcasting that drama, movie, music or such artistic works to public for specific charge.
  • making sound or visual record of the broadcast.
  • Selling or offering such visual or audio to public .

Further reading