An analysis on copyright

An Analysis on Copyright

The copyright is a combination of two words – copy and right or to be more precise it simply means right to copy. In this, the owner or his authorized person has a right to recreate the work. Therefore, in clear meaning it means, it is a legal right which is in possession of the owner of intellectual property which is termed as copyright.

With the oblige of a significant intellectual or mental ability, when an individual creates a unique products then such products is known to be an original. The unique inventions such as following websites, software, novels, literature, designs, graphic, art, etc. The copyright is being a safeguard which protects an original work from getting plagiarized or reproduce.

When any such kind of work is solely created by the independent intellect of a creator or owner without an plagiarized of such work is called Original Work of Authorship (OWA). The original creator of an invented work has come into right over it and can also intercept it from anyone else to use it or copy it or recreate it for their use.

Evenly, the creator can independently register themselves for the copyright of the invention if they wish too and want too have a secure end and have an upper hand in the legal system. Though by registration, the creator can further file a suit against any individual or association for recreating his work. Notions like brands, logo, slogans, domain name and titles all are debar from the scope of copyright and falls under the category of trademarks and patents. The copyright needs to be written down in a physical form for any idea or speech whether the trademark needs to be intangible form like symbol or word. This notion provides the creator and the artist a legal remedy to work courageously and create original products, which are not subjected to recreate by any other person.

Pre-Independence Concept of Copyright in India

The evolution of copyright law in India can be pursue back to the East India Company’s rule in 1847. At that time, the work conducted was not done instinctive and the essential registration with the home office was necessary to enforce the copyright. Expeditious the term of copyright extended to the lifetime of the owner in addition to the seven years of autopsy. In the year, 1914, a new copyright legislation was passed in the nation with few amendments which are as mentioned:

• In the case, of contravention of copyright introduction of criminal sanctions were added.

• It diversify the extent of the term copyright and amended it as a ‘sole right’ wherein the owner was provided with the right to recreate, change, produce or publish a translation of work.

• The legislation of 1914 continued till the advent of new legislation in 1957,i.e., post independence era.

Post- Independence Concept of Copyright in India

In the year, 1957, a new copyright law was sanctioned. Under the Act of 1957, the Act of 1914 was pervasive, which also was also an diversification of the British Copyright Act, 1911. Further in May 2012, the Parliament of India without anomaly, a bill was passed in both the houses named as Copyright Amendment Bill, 2012. This bill focuses to bring Indian Copyright laws at the international level and also observed with the World Intellectual Property Organization treaties such as the WIPO Copyright Treaty(WCT) and the WIPO Performance and Programme Treaty(WPPT). Hence, the main feature of the 2012 Amendment Bill are as mentioned:

• Modifications made by WCT and WPPT.

• Modifications made in the right to artistic work such as cinematography films and sound recordings.

• Modifications made in the mode of a grant of license and assignment.

• Protection against internet plagiarism.

Copyright in Different Areas

Copyright in literary work

It is protected by copyright law as they are present in physical form. It includes novels, books, poetry, newspaper, journals, magazines, computer software and programmes, e-mails and compilation. It not only limited to the above mentioned material but also an extract, encyclopedia entries, dictionary meaning, individual poems are also protected in copyright law. The copyright related to literary work whether published or unpublished the owner has the protection under copyright which expand to their lifetime in inclusion to 60 years after his death.

Copyright in dramatics

It includes mime covering screenplays, ballets, dance,, etc. As copyright in the field of dramatic protects the creator, choreographer, and other form of replicating of their work. In this, different type of published or unpublished work would be submitted for registration in copyright law. As usual, dramatic scripts are considered to be performed involving spoken text, plot and direction of action, etc. Therefore, all the dramatic work can’t be registered for copyright. There are some dramatic works which are the anomaly to it as mentioned:

  • Title or series of a programme.
  • Copyright protect dramatic expression of a creator but not the general idea of work.
  • Present work can only be given refuge under copyright and not the future work.
  • A copy of manuscript, printed copy, film recording, video recording, phonerecod is required to get the copyright of a dramatic work because all these are treated as a physical script. The registration of these work gets accomplish from the day from when all the material is submitted in the copyright Office in the stipulated format.

Copyright in cinematographic films

It includes many activities like any work of visual recording display on any source from which any moving object can be visualized or work involving sound recordings. There are pre-post protection as before any film is produced a large number of preparation is being done like which includes casting, schedule, location, etc. and therefore also it needs very rigid rules and a legal regulations such that nothing can be equivalent. And in post-production, once the film is released, it become the prime requisite to protect it from replication. ‘Copyleft’ known as plagiarism here.

Author: Prashanshu Sharma,
Lloyd college and 1 year /law student

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