Intellectual property right is a legal right that is given to a particular person for a specified period of time to protect their original work from the unauthorized use from any third party.

Copyright

Copyright is a type of Intellectual Property that is given to the owner of the original work or creator, which gives them exclusive right to reproduce and distribute the copyrighted work.

Copyright subsists in following original works-

  1. Literary Work
  2. Dramatic Work
  3. Artistic Work
  4. Musical work
  5. Cinematographic work
  6. Sound Recording

Copyright Protects two types of Rights and they are as follows-

  1. Economic Right- It allows the owner to derive financial reward from the use of their work by others.
  2. Moral Rights- It allows the owner of the copyright (original work) to take certain actions to preserve and protect their work.

Term of Copyright

Copyright is provided for the term of life of the author plus 60 Years after the life of the author.

Importance of Copyright

  1. It gives right to the original creator of work to reproduce, duplicate, transcribe and translate the work.
  2. The owner can prevent the misuse of the original work, and take legal action against the infringer.
  3. The owner of the original work has the exclusive right to set monetary benefits from their work.
  4. Encourages society for creativity as owners enjoy the benefits and protection of their creative work.

Copyright Infringement

Owners develop original work and get it registered after applying for the same. After its registration the owners have exclusive right to reproduce, duplicate give license of its work to others but if some third person without taking permission from the owner reproduces, or duplicates the work then it is called as copyright infringement, in which owner can take legal action against the infringer.

Exception to copyright infringement under section 52 of the Copyright Act, 1957

  1. Private or personal use, including research
  2. Criticism or review, whether of that work or any other work.
  3. The reporting of current events or current affairs, including the reporting of a lecture delivered in public.

Remedies for Copyright Infringement

  • Civil Remedy- If any work of the copyright owner infringes, then according to section 55 of the Copyrights Act, 1957, Copyright owner is entitled to all such remedies by way of injunction, damages and accounts.
  • Criminal Remedy- according to section 63 of the Copyrights Act, 1957, the copyright holder can take criminal action against the infringer, in which there is a provision for at least 6 month of infringement which may be extended upto 3 years along with the fine for Rs. 50,000 which may be extended to Rs. 2 Lakh.

Power of police to seize infringing copies

Any police officer, not below the rank of Sub inspector, may, if he is satisfied that an office under section 63 in respect of the copyright infringement occurs, can seize a copy without seeking any warrant to produce before the Magistrate.

Conclusion

The purpose of copyright is to protect the rights of the owners of original work and to provide economic benefit to them. Now if any third person without knowledge of the Owner of copyright infringes his work, then they are causing commercial loss to the creator of original work. Therefore, laws have been created to protect the owners of the copyright from any infringement. Therefore it is always advisable to register your wok as soon as possible to enjoy the rights of the owner of copyright.

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