September 4,2018:
The Author, Jyoti Goel is a student of 4th Year BA.LLB student from Chaudhary Charan Singh University, Meerut, Uttar Pradesh. She is currently interning with LatestLaws.com.
Introduction
Copyright is an exclusive right granted by law for a certain term of years to a suture, composer or his assignee to print publish and sell copies of his original work. It is a part of intellectual property. Copyright gives to the owner the monopoly rights.The copyrights act is formulated for the purpose of preserving the sole right which the owner has over its intellectual property. It protects the owners from any sort of unauthorized claim over their creative works. It was made in 1957 and has been amended from time to time since then.
Q1. What can be copyrighted?
A. Under Sec 13(1) of the act the following can be copyrighted:-
1. Original Literary, dramatic or musical works
2. Computer programme
3. Artistic works
4. Chromatographic films
5. Sound recording
The exclusive right to do the respective acts extends not only to the whole work, but to any substantial part thereof or to any translation or adaption thereof.
Q2. What are the objectives of copyright act?
A. the objectives of the copyright act are:-
1. Protect the author of copyright work from an unlawful reproduction or exploitation of his work by others and thus encourage them to create original work.
2. To allow people to make some free uses of copyright material subject to sec 52 of the act, so that the interests of the copyright owner and the society are balanced.
Q3. What are the grounds on which copyright is granted?
A. Originality is very important this requirement applies only to literary, dramatic, musical and artistic works. Uniqueness or even a meritorious creation is not a particular requirement. It is more concerned with the manner in which the work was created and requires that the work is created by author originally, it’s creative and that it was not copied from another work. It is judged on the following grounds:
1. Whether the work or composition is the result of sufficient independent labor, skill and judgment bestowed by an author or composer even though he may have derived his materials from a known source common to all.
2. That the existing work was made from an existing subject matter by the exercise of independent labor, skill and judgment.
Q4. What consists of dramatic works?
A. It includes :-
a. Any piece of recitation
b. Choreographic work
c. Entertainment in dumb-show
d. It does not include cinematograph film.
Q5. What is musical work?
A. Under Sec. 2(p) musical work means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music.
Q6. What is literary work?
A. Under Sec. 2(o) literary work includes computer programmes, tables and compilations including computer databases.
Q7. What is artistic work?
A. Under Sec.2(c) artistic work means,
(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan, an engraving or a photograph, whether or not any such work possesses artistic quality
(ii) a work of architecture and
(iii) any other work of artistic craftsmanship
Q8. What are the rights covered by this act?
1. Exclusive economic rights
2. Moral rights
3. Related rights
Q9. What are exclusive economic rights?
A. Exclusive rights include reproduction of work, issue of copies and performance of the work in public. It is also making of cinematographic film or sound recording in respect of the work and also translation, adaptation and communication to public of the work.
Q10. What are moral rights?
A. The author of the work has right to claim his authorship. He also has the right to claim any sort of damages for any changes made in the work which is harmful to the reputation of the author.
Q11. Is registration compulsory for claiming copyright?
A. No, registration is not compulsory but a certificate of registration will be a prima facie evidence of the owner’s claim over his work in case of any dispute relating the copyright.
Q12. Who is the owner of copyright?
A. Under Sec. 17, author is the first owner of copyright.
According to Sec. 2(d) i) in relation to a literary or dramatic work, the owner is the author of the work;
(ii) in relation to a musical work, it is the composer who is the owner
(iii) in relation to an artistic work other than a photograph, the artist is the owner
(iv) in relation to a photograph, the person taking the photograph is the claimant of ownership
(v) in relation to a cinematograph film or sound recording, the producer will be called the owner
(vi) in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created can claim the ownership.
Q13. What is infringement of copyright?
A. Under Sec. 51 Copyright in a work is deemed to be infringed –
1. When any person without license being granted by the owner or registrar of copyright, or not following the conditions of the copyright; does anything which the exclusive right of the owner or for profit permits the communication of the work ,it will be infringement of copyright provided the doer was unaware of the same.
2. When a person sells or let for hire, for trade displays or distributes or import in India any infringing copy of the work, then it is also be considered infringement of copyright.
Q14. Is infringement of copyright an offence?
A. Yes, infringing copyright is an offence. The owner can claim damages for the same and the infringer shall be liable to both imprisonment and fine. It is both a civil and criminal(sec 63 of Indian copyrights act 1957) offence.
Q15. What is the punishment for infringing copyright?
A. The minimum punishment for the infringement is six months imprisonment with minimum fine of Rs. 50,000 and on subsequent infringing it is one year imprisonment with 1 lakh rupees fine (minimum).
Q16. Is copyright infringement a cognizable offence?
A. Yes, it is. Any police officer not below the rank of sub inspector, on being satisfied that any copyright is infringed or is being infringed may without warrant seize the copies and produce before the magistrate the same to the earliest.
Q17. Which court can try the offence?
A. In civil case the concerned District court has the jurisdiction and in criminal case no court below the Metropolitan Magistrate or Judicial Magistrate Ist class shall try the offence.
