Copyright Act 1957

  Written By Ojas Bangia

Abstract

The Copyright Act of 1957 has provided protection for authors, musicians, filmmakers, cinematograph films, and sound recordings. Even in the fields of research papers, theses, and patents today, it has been difficult. The rules governing copyrights and libraries, as well as the difficulties and problems related to copyright, are the main topics of this study. There is also discussion of a few copyright-related lawsuits.

INTRODUCTION

God endowed humans with the capacity for observation and thought, which motivated them to extensively explore the physical and biological resources of the planet. Humans have produced several works of art or products utilising their imagination and ingenuity to meet the shifting interests, comforts, and conveniences of their society, which is crucial for the economic growth of the nation. Patents, Designs, Trademarks, Copyrights, Confidential Information, and Industrial are all examples of intellectual property. The current paper attempts to explain the Copyright Act, 1957 with reference to a few notable Indian legal issues.

OBJECTIVE OF THE STUDY

1. To know the concept of copyright

2. To understand overview of copyright and case

Intellectual Property

Intellectual property, including copyright, patents, industrial designs, trademarks, and others, is an intangible invention of the human mind. Examples include copyright, the author's right to protect their work in the case of a book or article, musical compositions, literary works, cinematography films, photography, etc.

Intellectual Property Rights

According to the definition provided by the Intellectual Property right, intellectual property (IP) is "a term referring to a brand, invention, design, or other type of creation, over which a person or business has legal rights. Almost all companies have some kind of intellectual property, which may be a valuable asset. Copyright, patents, designs, and trademarks are all included.

Copyright

Copyright refers to the ownership of an author's creations in a variety of genres, including works of music and art, motion pictures, sound recordings, and computer software. Eventually, works protected by copyright become public domain. A copyright law's main purpose is to uphold the rights of an author's original creation. It also includes the right to derivative works, as well as specific rights like the right to public performance, the right to record, and the right to broadcast.

Object of Copyright

The purpose of a copyright is to safeguard, acknowledge, and promote the talent and resources of authors.

Main Features of Copyright

Monopoly Right; the copyright prevents others from using the author's original creation. Copyright is a variety of rights; it is not a single right. It is made up of a variety of different rights. Among the many rights are the rights to adaptation, reproduction, publication, right to make translations, and public communication, among others. Copyright is prohibitory in nature; it is a negative right. To stop someone from copying or otherwise replicating your work is a legal right.

Copyright A Kind Of Intellectual Property

One type of intellectual property is copyright. The fast advancement of technology in the printing, music, communication, entertainment, educational, and computer industries has enhanced the importance of copyright.

    Copyright Law in India

In January 1958, the Copyright Act of 1957 came into effect. The Copyright Act was updated in 1983, 1984, 1992, 1994, and in 2012, as well as in 1999. The Copyright Act of 1957 has 79 sections, which is less than 15 chapters, but the Copyright Rules of 1958 have 28 rules, which are divided into 9 chapters and 2 schedules.

Section 14 of the major/landmark 1994 amendment to the Copyright Act of 1957, which deals with computer software, makes it illegal to produce and distribute copyright software without the appropriate or particular licence.

• Assignment of Copyright

Copyright assignment is covered under Section 18 of the Copyright Act of 1957. The creator of the original copyright work transfers all or any portion of his rights to third parties for economic exploitation in exchange for a one-time payment. As an alternative, he may licence some or all of his rights to third parties, typically in exchange for a royalty. An assignment may be generic, or without restrictions, or it may include restrictions.

First owner of copyright.

In the event of a literary, dramatic, or artistic production, the proprietor will be the first owner if the author is hired by a newspaper, magazine, etc. under a contract of service, absent a specific agreement to the contrary.

A person is the first owner of any image that is captured or any painting or portrait that is created at their request for a valuable consideration.

When a speech is given in public, the speaker is the first owner. If the speech or is given on behalf of another person, that person is the first owner.

When it comes to government projects, the government is the initial owner.

• Relinquishment of Copyright (Sec.21)

By notifying the Register of Copyright in the specified manner, the creator of an original work may renounce all or any of the rights protected by the copyright in the work. The Register will make the notice public by publishing it in the Official Gazette and other places for everyone who appears on the notice date.

Licenses

Sections 30-32B of Chapter VI, which deals with licences. The ownership of a copyright can be transferred through a licence. The rights given in a licence are circumscribed. The author still retains control of the rights. In the event of an assignment, the assignee becomes the new owner of the right. "Copyright License is given in writing, signed by the owner of the copyright in any current work or the potential owner of the copyright in any future work. Any permissions pertaining to copyright in future works won't go into effect until the project is actually created. When someone to whom a licence is related to any future work the licence will come into effect when the work is actually presented

• Term of Copyright

A photograph's, a cinematograph's, or a sound recording's copyright is valid for 60 years after the start of the current calendar year. (Sec.25 to 26).

The duration is lifetime plus sixty years in the case of literary, theatrical, musical, or artistic works where the author is a natural person.

• Registration of Copyright

The act states that the Copyright Office maintains a register, known as the Register 

Copyrights, in the prescribed format where the names or titles of the works as well as the names and addresses of the writers, publishers, and copyright owners may be entered.

• Copyright Infringements

According to section 51, a few examples of well-known acts involving copyright infringement include:

Making copies that are infringing and offering them for hire, sale, or rental;

Permitting the public performance of works at any location where doing so would violate the performers' rights to the works;

Distributing unauthorised copies for commercial gain or to the point where it jeopardises the interests of the copyright owner;

Public exhibition of infringing copies by way of trade

• Remedies for Copyright Infringement

The law is responsible for addressing societal problems, as well as for creating new problems as they arise. The link between law and advanced science and technology is best shown by the concept of copyright.

The Copyright Act's sections 54 to 62 outline its civil remedies. Anyone who violates a work's copyright may face legal repercussions from the copyright creator. The owner of the copyright is entitled to injunctions, damages, and accounting as remedies.

Anyone who willfully violates the copyright of any creative work or assists in the violation of the copyright is guilty of a criminal offence under Section 63 of the Copyright Act.

The penalty for violating a person's copyright is six months in prison and a fine that can be up to Rs. 50,000 or more.

CHALLENGES AND ISSUES FOR COPYRIGHT

India ratifies the TRIPS agreement in accordance with its rules. India had produced They amended their copyright legislation to protect the software industry, and they also passed laws on the topic such the Information Technology Act of 2000, the Industrial Design Act of 2000, and the Trade Mark Act of 1999.

Information and technology have their own original creators and inventions, which eventually lead to company. So, if infringement results in a loss of money or the reputation of the inventor, the assignee or licensee will not.

The expanding software sector and the protection of software technology, however, involve complicated and linked challenges that combine trade secret and copyright law.

Case laws

In R.G. Anand v. M/S. Delux Films & Ors on, 1978SC, it was discussed what constitutes a copyright violation.

2. In the 1989 case of Garware Plastics and Polyster Ltd. and Bomby and Others v. M/sTelelink and Others, the court determined that broadcasting the movie over cable TV constituted video piracy. 

. In Raj Video Vision v. K Mohan Krishnan, the court ruled that a cinematograph film's producer might be considered the work's creator for the purposes of the Copyright Act. 

CONCLUSION

The socioeconomic advancement of a nation is always dependent on the ingenuity and inventiveness of its citizens, and it is impossible to achieve without the effective administration and enforcement of copyright laws. The world of finance is moving forward on a new path that emphasises creativity and innovation. Copyright is a significant problem

for preserving IPR. The creator of the original copyright work is impacted by the current large market for pirated literature. Therefore, it is necessary to educate the public on the economic, social, and cultural significance of copyright in all spheres of society today. Additionally, today's society is calling for the creation and enforcement of strong and robust copyright laws, which balance the right of the owner with larger public interest