The Law of Copyright:-
Copyright is a right which gives exclusive rights to the creator for their original and artistic work. Thus the laws have been enacted primarily keeping the objective in mind. Immediately after independence a separate law was enacted exclusively on the copyrights and the necessity of such a law was described by Justice Krishna Iyer in following words:
The creative intelligence of man is displayed in multiform ways of aesthetic expression but it often happens that economic system so operate that the priceless divinity which we call artistic or literally creativity in man is exploited and masters, whose works are invaluable are victims of piffling payments. World opinion in defense of human right to intellectual property led to international conventions and municipal laws, commissions, codes and organizations calculated to protect works of art India responded to this universal need by enacting copyright Act, 1957.
Indian Perspective of Copyright Protection:-
The copyright Act, 1957 provides copyright protection in India it confers copyright protection in following two terms:-
Economic rights of author, and
(b) Moral Right of author
(A)Economic Rights:-
This copyright subsists in original literary, dramatic, musical and artistic work; cinematograph films and sound recordings. The authors of copyright in the aforesaid works enjoy economic right under sec. 14 of Act. The rights are mainly, in respect of literally, dramatic and musical, other than computer program to produce work in any material form including the storing of it in any medium by electronic means, to issue copies of work to the public, to perform the work in public or communicating at to the public to make any cinematograph film or sound recording in respect of work and to make any translation or adaptation of work. In the case of computer program, the author enjoys in addition to the aforesaid rights, the right to sell or give on hire or after for sale or hire any copy of computer program regardless whether such copy has been sold or given on hire on earlier occasions.
Copyright Amendment Bill 2012:-
Has been passed by both houses of parliament and will become law as soon as the president gives her assent and it is published in the gazette of India. While we celebrate the passage of some progressive amendments to copyright Act 1957- including an excellent exception for persons with disabilities.
Meaning of Copyright:-
Copyright means the exclusive right subject to provisions of this act, to do or authorize the doing of any of following acts in respect of a work or any substantial part there of namely:-
In case of literary, dramatic or musical work, not being a computer programme:-
To reproduce the work in any material form including the storing at it in any medium (of) by electronic means;
To issue copies at work to the public no being copies already in circulation;
To perform the work in public, or communicate it to the public.
To make any cinematograph film or sound recording in respect of work;
To make any translation of work;
To make any adaptation of work;
In case of computer programme:-
To do any of acts specified in clause (a)
Sec. 52 (1) (n):-
Another welcome provision is the amended Sec 52 (1) (n) which now allows non-commercial public libraries to store an electronic copy of work if it already has a physical copy of work. However, given that this provision says that the storage shall be for preservation. It seems limited. However, libraries might be able to use this in conjunction with the fact that under Sec 14 of the copyright Act lending rights of authors is limited to commercial rental and Sec 51 (b) only causes landing of infringing copies-to argue that they can legally scan and lend electronic copies of works in the same meaner that they lend physical copies.
Filling and Prosecuting Copyright Applications:-
An application for copyright on form iv accompanied by four copies of work is to be made on form iv (including statement of particulars, and statement of further particulars) alongwith the prescribed fee at copyright. Copyright office initially provides a filling number and filling date and issues a filling receipt. Thereafter the application is formally examined by the office. Defects will be communicated to the applicant. Once the application is found to be in order it is accepted and the copyright office issues the registration certificate.
Effective Changes:-
India now has amongst the most progressive exception for persons with disabilities, alongside countries like Chile. Under the amendments, Sec 51 (1) (zb) and 31(b) carve out exceptions and limitations for persons with disabilities, earlier Sec 52(1) (zb) dealt only with formats that were special designed only for the use of persons suffering from visual, aural or other disabilities. Sec 52(1) (zb) allows any person to facilitate access by persons with disabilities to copyrighted works without any payment of compensation to the copyright holder.
Remedies:-
In case of infringement of a copyright the owner of copyright can file a suit in a District court having jurisdiction seeking remedies by way of (i) injunction (ii) damages (iii) accounts or (iv) Otherwise. The owner of copyright includes an exclusive licensee and in case of an anonymous or pseudonymous literary, dramatic, musical or artistic work until the identity of author is satisfactorily established. It is sufficient that the identity of any one author is satisfactorily established.
Injunction is a normal remedy, though discretionary on the part of the court. It stops the infringements during the pendency of proceedings and ensures that no further loss/damage is caused to the owner of copyright during the period when the injunction is in force.
Damages account for the loss in money terms suffered by the owner of copyright due to infringement.
Remedy is a general provision authorizing the court to grant such other relief as the
Court may deem necessary for complete redressal of complaint, e.g., destruction of
Infringing material.
Conclusion:-
Indian parliament enacted so many laws relating to intellectual property including copyright Act also. We have a good enactment an copyright form time to time central legislature also bringing amendments to the Act according to social change but it is not implementing properly by concerned and appropriating (society) authority.
In order to overcome from this problem, authority has to discharge their function properly, efficiently and effectively. It is very much require to bringing awareness about the provision relating to copyright to the general public and finally, mindset of an individual also very important about not to violate the copyright of creator of original work.
Reference:-
In the case Indian Performing Right Society Ltd. V/S Eastern India Motion Picture Association AIR 1977 SC 1443
Ibid.
Copyright Law in India: Legal services India.Com
Ibid
Internet and Copyright Law: Manish Arora P 45
Analysis of Copyright (Amendment Bill) 2012: Centre for Internet 7/25/2012; 12:39pm
Kar. L.J.: Copyright in India and its Implementation (2010) (1) P 66
Analysis of Copyright (Amendment) Bill 2012-Centre for Internet; 7/25/2012; 12:39pm
Analysis of Copyright (Amendment) Bill 2012-Centre for Internet; 7/25/2012; 12:49pm
Section 52 of the Copyright Act, 1957
