Copyright is the Intellectual Property rights that are given to authors of original creators of work, which gives them exclusive right to reproduce and distribute the copyrighted work.
Copyright subsists in following original works-
- Literary works
- Dramatic works
- Musical works
- Artistic work
- Cinematographic work
- Sound recording
Copyright basically protects two types of rights i.e. Economic right and Moral right as owners can earn royalty from the use of their work from others, and if someone tries to take advantage of their right, then they have the right to protect their work by suing them in court.
Term of Copyright
Copyright protection is granted to the author for a limited period, i.e. life of author + 60 years.
Importance of Copyright
- Exclusive right is given to the author/owner of original work to reproduce, duplicate, transcribe, and translate the work.
- If the owner of copyright finds a third party using the work, then he can take legal action against them.
- The owner has the sole right to get monetary benefits from their work.
- Encourages society for creativity as owners enjoy the benefits and protection of their creative work.
Owners create new and original work to make sure that their rights can get protected under copyright act theorigh copyright registration. After registration owners have the exclusive right to enjoy their work. Only owners have authority to either further license it or sell it, but if he finds someone to duplicate or reproduce the work, then he has full right to take legal action against the infringer.
Exception to infringer unders section 52 of the Copyright Act, 1957
- Private or personal use, including research.
- Criticism or review, whether of that work or any other work.
- The reporting of current events and current affairs, including the reporting of the lecture delivered in public.
Remedies for infringement of copyright
There are two remedies which owners can avail-
- Civil remedy: According to section 55 of Copyright Act, 1957, where copyright in any work has been infringed upon, the owner of the copyright shall be entitled to all such remedies by way of injunction, damages and accounts.
- Criminal Remedy: According to section 63 of the Copyright Act, 1957, if work of the owner of copyright has been infringe upon, then owner can take criminal action against the infringer in which infringer could get imprisonment for at least six months which may be extended to 3 years along with the fine of Rs. 50,000/- which may be extended to Rs. 2 Lakh.
Provided tha if defendant proves that at the date of infringement he was not aware and has no reasonable ground for believing that copyright subsited in the work, the plaintiff shall not be entitled for any remedy for the whole of parts of the profits made by the defendant by the sale of the infringing copies as the court may in the circumstances deem reasonable.
Power of police to seize infringing copies
Any officer not below the rank of sub inspector, if found the work being infringed can seize the copies without a warrant to produce before the Magistrate.
The purpose of copyright is to protect the rights of the owner of original work and provide economic benefit to them for their creativity and diligence. Although the registration of work is not mandatory, its registration could help owners to protect their rights and its work.