Copyright act, law and legal provisions
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Copyright act, law and legal provisions |
Copyright law
Just as the same person has the right over the property earned through hard work and labor, similarly when a person by his hard work and intellect has created a book, article, poem, story, film or dramaIf it does, then that person has the right over it and no other person can use that book, composition etc. without prior permission.
Facts
The Chanda Committee suggested the establishment of the National Council of Mass Communication.
Article 129 of the Constitution designated the Supreme Court as the Court of Record.
Honorable Members of the House cannot be arrested in any civil case during the session.
Media broadcasting of proceedings going on in the Parliament of England was prohibited.
Copyright
The right of its creator to an intellectual work is called copyright or copyright. If a person uses the work without the prior permission of the copyright holder, then the person holding the copyright can go to court against this crime and claim damages. The Indian Copyright Act was enacted in 1857 AD.copyright in India
There has been some form of copyright law in India since the British period, which protected the creative creator / artist's ownership of the creation. Initially in India too, the copyright law prevalent in England at that time was valid. Then in 1847 AD, the Indian Copyright Act was enacted for the first time. After this the English Copyright Act, 1911 was enacted, which came into force all over India from 31 October 1912.
A new copyright law was enacted in the year 1914, but it was changed again in the year 1946. Finally, in the year 1957, the current 'Indian Copyright Act' in independent India.
Passed by Parliament. The same law of 1957 still exists today.
Indian Copyright Act 1957
This act, also known as Kriti Swamy Act. It was implemented in India from January 21, 1958. The Act provides that no person should bear the brunt of the toil, decisive intelligence or skill of another. Thus the Copyright Act gives statutory status to original work production.
This Act is effective only in the Union Territory of India, but according to its Section 40, the Central Government has the right to make this law effective on the material published by an Indian or foreign national outside India.
Can do.
This law applies only to original works, but it does not mean that the work should be based on a new idea or a new discovery. Different
The courts have stated in their decisions that there is no copyright on 'ideas'. Copyright rights are only in relation to the written or printed expression of ideas or the skill or knowledge of its presentation.
News and Copyright
In principle, news does not come under the purview of copyright law, and information or information related to events can be the same in any magazine. But articles, charts, maps, documents cannot be the same. Desired originality is related to the expression of thought and it should not be copied in any other work.
When the author summarizes his own work, it is considered by law to be his original work but translation of a work or article is considered a violation of the Copyright Act
Copyright related legal provisions
Sufficient provisions have been made in the Indian Copyright Act to maintain one's authority over the original work.
The major provisions of this law are summarized as follows -
1. Copyright applies only to the original work.
2. Copyrights continue on reprinted and revised editions of the work.
3. Unpublished works also have copyright.
4. Whether a work is literary or not is up to the discretion of the court.
5. A person is entitled to copyright only under this law, otherwise not.
6. Copyrighted works are copyrighted.
7. The master of the work is the first owner of the copyright in the work.
8. Copyright law on original work (excluding pictures) remains until 50 years after the author's death.
9. If the author is multiple, then the author remains in copyright till 50 years after the death of the author who is at the earliest.
10. In the case of painting, the period of copyright is 50 years from the time of drawing.
11. If copies of a work are distributed publicly free of charge
It is believed to be published.
12. Copyrights apply not only to the completed work, but also to the work done in relation to its translation or substantial portion of the adaptation.
13. The master of the work has the exclusive right to prepare and publish his translation. Even on a translation work, the author gets copyright like the original work.
14. Both civil and criminal cases are formed when copyright is violated.
15. Violation of copyright law can lead to imprisonment of up to one year or fine or both.
16. Registration of work can be done at Copyright Office.
17. The work may be used for research, personal study, criticism or review.
Copyright infringement
The following works will not violate the copyright, ie
1. For the purposes of research or personal study of any literary, theatrical, musical work,
2. The proper use of that work or for the purposes of reviewing or reviewing any other work
3. For the purpose of reporting current events of any literary, drama, musical or artistic work,
4. Appropriate use by radio-diffusion in a newspaper, magazine or current affairs, or in a film, film or photograph.
Penalty for violation of Copyright Act
1. A person who willfully violates or violates a copyright in a work or any other right conferred by this Act, shall be punishable with imprisonment which may extend to one year or with fine or with both.
2. The construction of a building or other structure, which infringes copyright in any other work or if completed, shall be subject to this section.
3. Any literary, theatrical, musical or artistic work or reproduction for the purpose of any judicial proceeding or for the purpose of reporting a judicial proceeding.
4. In any work prepared by the Secretariat of any Legislature or where there are two Houses in the Legislature, any work prepared by the Secretariat of any House of the Legislature
Reproduction or publication of a literary, theatrical, musical or artistic work intended for the use of the members of that Legislature, reproduction of any literary, theatrical or musical work in such certified copy made or supplied in accordance with any law for the time being in force
5. Public reading or reading of any appropriate excerpt from a published literary or theatrical work, mainly in the compilation of copyright-free material, intended in good faith for the use of educational institutions And as described in the title and in any advertisement removed by or on behalf of the publisher,
6. Short passages of published literary or theatrical works which are not published for the use of educational institutions themselves and in which copyright exists.
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