What is Copyright?
The copyright is a legal right that provides you protection for the ownership over the things you create. Let it be either a painting, a photograph or a novel, if you have created anything then you will be the owner of it and the copyright law itself protects your ownership rights. The copyright law also grants several rights for you as the owner. Those rights are as follows:
• The specific right to reproduce the work
• To prepare the derivative works
• To distribute the copies of the work
• To perform the work and display it publicly.
These are the specific rights and its only yours as a creator. If you are not willing to give them up, then no one can violate them. In other words it means that, unless you say one cannot perform even a piece written by you or make copies of it, no one shall do it.
If the author creates a work for a company during the course of his employment, In this case the creator is usually not the copyright owner. As it gives copyright ownership to the employer who has commissioned the work. For instance, if an employee writes articles for a company, then in this case the company is the copyright owner not the actual writer.
Who needs Copyright?
In India the following classes of work needs Copyright Protection:-
o Original literary, dramatic, musical and artistic works;
o Cinematograph films; and
o Sound recordings.
Duration/Term of Copyright Registration
In the case of original literary, dramatic, musical and artistic works, the duration of copyright islifetime of the author and 60 years; this is counted from the year of the death of the author. Further, In the case of cinematograph films, sound recordings, photographs and publications are protected for a period of 60 years which is counted from the year from the date of publication.
An artistic work means
o A painting, a photograph or a drawing, or any such work possessing artistic quality;
o a work of architecture and any other work of artistic craftsmanship
A musical work means
A Musical work means work consisting of the music, but it does not include any words which is intended to be sung, spoken or performed with the music. Whereas, the musical work is needed not to be written in order to obtain the copyright protection.
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A sound recording means
Sound recording means recording of the sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM are sound recordings.
A cinematograph film means
Now, a cinematograph film means any work of a visual recording based upon any of the medium which is produced through a process through which a moving image may be produced by any means and includes a sound recording accompanied by the visual recording.
Monetary Benefits of Copyright
The term ‘copyright protection’ directly refers to the monopoly provided to the authors by copyright law for exclusive reproduction rights. Now, similarly as thetrademark registrationis done with the Trademark Registrar, the copyright can also be registered with the Copyright Office to enjoy legal protection in a copyrightable work.There are some important benefits of registering your work and services as follows:
Copyright protection creates a public record of the ownership in the favour of copyright owner.
Copyright protection enables the holder of the copyright to take legal action against infringers in a court.
If the legal action is taken before or within a certain period from the date of publication, it enables adequate evidence in court relating to the validity of the copyright and the facts that are stated in the certificate of copyright.
Permits the copyright owner to record the registration with Indian Customs to help in protection against the importation of infringing copies into India.
Copyright protection motivates the creator of the several intellectual works. Therefore it encourages the enterprise and motivate economic activity.
Copyright protection provides benefits in the form of economic rights which gives the creatorto exercise control over their artistic material in various ways such as producing copies, performing in public and to avail an appropriate economic reward.
Copyright protection enables creators to consequently be rewarded for their originality and venture.
Copyright also provides moral rights to the creator or the author of the kindof materials and raise objection to the distortion and mutilation of the right.
The copyright holder has the right to use, reuse and reproduce the copies and can sell the copies of the work that is been copyrighted.
One is liberated to create any derivative work from the copyrighted work.
A copyright owner can easily exhibit his work with copyright protection.
A copyright can be passed from one person to another person with easement.
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