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What is Copyright and it’s Infringement

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Concept of Intellectual Property Right

It is the concept of the intellectual property right, The Copyright Act, 1957 deals with it. Copyright is given on some kind of new work or idea which the person wants to have a copyright or his ownership upon that work for protecting it from other people cannot use it without his permission. The act helps the person to secure his work and gave the remedies against the illegal use of the work by another person than the owner.

Term of Copyright

The term Copyright is defined under Section 14 of The Copyright Act, 1957.

According to the interpretation of this section is that copyright means that when the author has the exclusive right or the ownership on the work which he created and has the copyright over that work.

It means that when one person has a right over it which are mentioned under this act and made that work by himself and registered it under this act and has authorship over it that authorship known as the copyright.

The sign of the copyright is “©”

Any author who has copyright on any kind of work has some rights over that which comes as the copyright owner they exclusive only for the author, the rights to do any of the following acts in respect of that: –

  • To reproduce it in any material form including storing it by electronic means.
  • To issue copies of it to the general public.
  • To perform t in the public or communicate it to the public.
  • To make any cinematograph film or sound recording of it.
  • To make any translation of it.
  • To sell or give on a commercial rental it, or in case of a computer programme also.
  • Depiction of three-dimensional artistic work into two dimensional or vice-a-versa.

 

What can be copyrighted?

The term comes under section 2(y) of the act

It means any of the following namely: –

  1. Artistic work
  2. Cinematograph film
  3. Dramatic work
  4. Literary work
  5. Musical work
  6. Sound recording

Artistic Work

It comes under section 2(c)

It includes: –

  1. Any kind of painting, a sculpture, a drawing (which includes diagrams, maps, chart, plan), an engraving, or a photograph.
  2. Any work of an architecture
  3. Any other work which possesses any kind of artistic quality or craftsmanship

Cinematograph Film

It comes under section 2(f)

It means any kind of visual recording or visual representation and which simultaneously also includes sound recording in it or accompanying with it and by this, it produces a process of analog of video films is known as cinematograph films.

Dramatic Work

It comes under section 2(h)

It includes any kind of choreography, entertainment dumb show, any scenic arrangements or acting or which form of any kind of writing or otherwise performance on bases of the writing but most importantly does not include cinematograph films is known as dramatic work.

Literary Work

It comes under section 2(o)

This includes any kind of writing of a book, writing of a novel, computer programmes, tables, and compilation of databases is known as literary work.

Musical Work

It comes under section 2(p)

It is meaning any kind of music and includes any graphical notions or ideas of such music but does not include any words only consists of tunes or music. Any action intended to be sung or spoken or performed with that music is known as musical work.

In simple words when any compilation of any tunes or music with help of software or computer and making music out of it and with that it intended to be sung or spoken.

Sound Recording

It comes under section 2(xx)

Means a recording of sound which has been produced or coming out of any medium or instrument, recording of that sound with any medium of storing it is known as a sound recording.

 

What Do You Mean By Term “Author”?

The term Author comes under section 2(d)

Author means a person who creates that work. Person who considers as author of are: –

  1. In relation to literary, dramatic, the author of that work who made it.
  2. In relation to musical work, the composer.
  3. In relation to an artistic work other than a photograph. The artist who made it.
  4. In relation to photograph, the person who takes the photo.
  5. In relation to a cinematograph film or sound recording, the producer.
  6. In relation to any literary, dramatic, musical, or artistic work which is computer-generated, the person who creates that with help of a computer.

Copyright Subsists

It comes under section 13 of the act. The copyright subsists throughout India on the following original works: –

  • Literary, dramatic, musical, and artistic work.
  • Cinematograph films.
  • Sound recording

This subsists only on the work which has been originally created the first time by the author. If it is been copied or has been previously registered then it cannot subsist.

Infringement of Copyright

It comes under section 51 of the act.

  1. The infringement means when a person other than the author or the licensee or assignee of copyrighted work, use that work without the consent or permission of them or contravention of any condition of using it, by this infringement he gains profit or money or any economical benefit from that work is considered as an infringement.
  2. When any person: –
  3. Make a sale or sell or let on hire or trade for it or displays for sale, hire or trade, or
  4. Distributes for purpose of trade, or
  • Exhibits it in public, or
  1. Imports into India

Of that work without the consent of the author is considered an infringement.

Remedy against Infringement

The remedy is given under section 63 of the act.

Any person who knowingly infringes or abets the infringement of any copyrighted work shall be liable with imprisonment of a term not less than six months or extend to three years and also liable for a fine which may extend to two lakh rupees.

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Written by Ankush Aggarwal

Ankush Aggarwal is a final year Law Student of BA.LLB Integrated Course, He is a very career-oriented person and very enthusiastic about his future and Law field. He has a keen interest in Intellectual Property Rights, Criminal Law, Human Rights, and Property Law. He likes to write articles and give speeches or Lectures on Law topics and also has an interest in listening to podcasts.

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Ownership of Copyright and Term of Copyright

THEFT, EXTORTION, ROBBERY & DACOITY UNDER IPC 1860