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 COPYRIGHT |
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What
is Copyright :- · The Copyright includes a exclusive right to a create, act to do in relation to artistic, literary, dramatic, musical works, cinematography film, sound recording and software, so that he / she can control his or her material is being exploited by various ways and means in which he / she has put labour broadly a Copyright covers copying, adopting, issuing copies to the public, performing in public and re-broadcasting the material in many cases, basically the creator has right to identify his work, right to copy or reproduce the work in which Copyright subsists. The Copyright includes a literary, artistic, musical, dramatic, sound recording, film, video graphic or software created by the author and the exclusive right granted to the author giving protection from being imitated and to protect the property from being unauthorisedly exploited by others. The Copyright as defined in Copyright Act, 1957, Section 14 includes literary, dramatic, musical work including, software, cinematography, sound recording. The Copyright is an exclusive right to copy the work to the author or the proprietor of the work. The registration of Copyright in India is not mandatory but useful in courts civil and / or criminal proceedings where it can be taken to protect it. Basic features :- · Copyright vests in original work involving skill, labour and judgement in respect of literary works such as books, publications including computer software. · Artistic works whether usable as Trademarks or not. · Engineering drawings. · Sound recording. · Musical work. · Cinematography film etc. Salient Features :- · Computer program wherein source or object code has been included is recognized as literary work effective from 1994. Compilations of data or other material also held to constitute original literary work provided the same involves the basic ingredients of skill, labour or judgment. · The Broadcast production rights to protect broadcast by broadcasting organization. · Recognition of performers right as a copyright able subject. · Re-sale share right for author in original copy / manuscript of literary, artistic, dramatic, musical works, if sold at price exceeding Rs.10, 000.00. · Grant of assignments / licenses or copyright able subjects allowed. · In case of artistic work the owner has the exclusive right to reproduce including depiction in three dimensions of two-dimensional work or in two dimensions of three-dimensional work. Violation of this amount to infringement of copyright. Cancellation of Copyright :- · Instituting proceedings for cancellation of the registration of copyright can challenge the validity of a copyright by any interested party before the Copyright Board. Whether registration is mandatory :- · Registration under the Copyright Act is not necessary but registration proves useful for the enforcement of the right. · In criminal proceedings unregistered copyright particularly in respect of artistic labels used, as the Police Authorities do not give importance to its credibility. Terms of copyright :- · 60 Years from the date of first publication of the photograph. · 60 years in respect of other works from the beginning of the calendar year following the year in which the author dies. Enforcement of Copyright :- · Copyright may be enforced by civil or criminal actions.Relief allowed is same as in case of Patents in so far as the civil action is concerned. · For criminal action the accused may be imprisoned or fined up to two lacs Rupees or with both. International Agreements :- · India is a member of Berne Convention, Paris Convention and Universal Copyright Convention. · All nationals of member countries can register a foreign work in India even though such work is automatically protected in India under the aforesaid conventions. |
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