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Copyright
In short and simple words, copyright is basically a right to copy. One is allowed to copy the original work but only if the author give the permission to the person.
Illustration:- 1. A is a painter who created a master piece, and showed it to the his friend B, but B who is also a painter copied his idea and draws a same piece and earn some revenue from it. Later when A get to know about the fact that he copied his idea without his consent, then he sued him for infringement of copyright.
Illustration:-2. X who is an author told his friend that he has written a book on B.R Ambedkar and gave him a copy to read it and give him the feedback. His Friend Z, published it without his consent. So this will also be a case of infringement of Copyright.
Copyright is a term describing rights given to creators for their literary and artistic works. It includes: literary works such as novels, poems, plays, reference works, newspapers and database, films and artistic works such as painting, drawings, photographs. It is an intellectual property, if a person owns the copyright to something, then he is the only owner of it and also the decider that who can copy it. In short, Copyright is to reproduce the work in which copyright subsists.
According to Sec. 14 of the Copyright Act, 1957, copyright means the exclusive right to do or authorize others to do certain acts in relation to:
Literary, Dramatic or Musical Works
Artistic works
Cinematography film, and
Sound recording.
Copyright is a creation of statute. According to present law there is no such thing as a common law copyright. Sec. 16 of The copyright Act, 1957 says that no person shall be entitled to copyright or any similar right in any work, whether published or unpublished, otherwise than this Act.
The object of copyright law is to motivate the new ideas of the authors, composers, painters and artists and to create the original work without the fear of exploitation of their work or matter. The copyright laws by extending economic benefits to authorship encourages writing original works. Today copyright includes a variety of industries like: the information industry and the entertainment industry and industrial designs.
The Copyright Act 1957, based on Berne Convention and the copyright Act, 1911, which has been amended in 1983, 1984, 1992, 1994, 1999 and 2012. The 1957 Act has created a copyright Office and a Copyright Board in India to facilitate registration of copyright and to settle kinds of disputes arising under the act and for compulsory licensing of copyright. The Act defines the infringement of copyright and provides civil and criminal remedies against infringement.
Thought the amendment in the year 1994 was quite comprehensive, only minor changes were introduced through the amendment made in 1999 and most of the changes were brought in the year of 2012 in the act.
Eastern book co. v Navin J. Desai (AIR 2001 Del 185)
The facts of the case are that applicant was the author of law publishing books and the applicant developed a CD-ROM in which there are different case laws and judgements and proceeding. And the software developed by the author is known as SCC Online Supreme Court Case Finder which includes more than 84,000 cases headnotes. They claim that it is their copyright and no one can use and copy it without their consent or permission.
Later, the applicant came to know about the fact that the respondent is copying the matter from his software without his consent. The applicant claim that the respondent is copying everything the headnotes, the judgements and even the font and color everything. It was held in this case that there cannot be any monopoly in the subject matter which the author has borrowed from public domain. Others are at liberty to use the same material. The material in which no one has the copyright is available to all.
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