copyright act - legal environment of business

Copyright Act, 1957Legal Environment of Business

Prepared By

Manu Melwin Joy

Assistant ProfessorIlahia School of Management Studies

Kerala, India.

Phone – 9744551114Mail – manu_melwinjoy@yahoo.com

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Definition

• Copy right means theexclusive right subject tothe provisions of this Act,to do or authorize thedoing of any of thefollowing acts in respectof a work or anysubstantial part thereof.

Definition

– In the case of a literary,dramatic or musical work –To reproduce work, issuecopies, perform work inpublic, make translation oradaptation etc.

– In the case of computerprogram - To reproducework, issue copies, performwork in public, maketranslation or adaptation, tosell or give on commercialrental or offer for sale.

Definition– In the case of artistic work – Toreproduce the work, to sell orgive on hire, to communicatethe work to the public, to issuecopies, to make adaptationsetc.

– In the case of a cinematographfilm – To make a copy of thefilm, to sell or give on hire, tocommunicate the film to thepublic.

– In the case of sound recording– To make any other soundrecording embodying it, to sellor give on hire or tocommunicate the soundrecording in public.

Characteristics of Copyright• Creation of statute – The copy right is

granted and protected according tocopy right.

• Multiple rights – Copy right is not asingle right, rather it is a bundle ofrights in the same work comprising ofliterary work, right to reproductionetc.

• The work must be original – The firstand essential requirement for claimingcopyright is the originality of work.

• Copyright exists in expression of ideaand not mere idea – The copyrightexists only in the expression of idea insome material form like book, film,photograph or musical tone.

Subject matter of copyright protection

• Literary works – The expression literarywork includes computer programmes,tables and compilations includingcomputer database.

• Artistic works – It includes paintings,sculptures , works of architecture etc.

• Musical work – It includes music andany graphical rotation of such work.

• Computer software and programmes –Computer programme means a set ofinstructions expressed in words, codes,schemes or in any other forms.

• Work of Architecture – It means abuilding or structure having an artisticcharacter.

Author and ownership of a copyright

• Section 2 (d) defines author of thework as show below.– Literary or dramatic work – The authorof the work.

– Musical work – The composer.– An artistic work other thanphotograph – The artist.

– Photograph – The person who takesthe photograph.

– Cinematograph film – the producer.– Sound recording – the producer.– Literary, dramatic, musical or artisticwork which is computer generated –the person who causes the work to becreated.

Various rights of owner of copyright

• Multiple statutory rights – Thecopyright is a creation of statute.It is granted and protectedaccording to the copy rights Act.The owner of work can exploitand enjoy monopoly right in hiswork in several manners.

• Right to transfer – The authorcan transfer his rights throughassignment or grant permissiveuse of his copyrights to anyperson.

Various rights of owner of copyright

• Negative right – Unauthorizeduse of copyright amounts toinfringement. The act providesadequate remedies forpreventing infringement.

• Moral right – These rights areto claim authorship of thework and to restrain or claimdamages in respect of anydistortion, mutilation ormodification of the said work.

Licensing of copyrights

• Voluntary license – Section 30 ofthe copyrights act empowers theowner of copyright to grant anyinterest in the rights by license inwriting signed by him or his dulyauthorized agent.

• Compulsory license – Thecopyright board is empoweredto grant compulsory licenseunder certain circumstances onsuitable terms and conditions inrespect of an Indian work.

Remedies against Infringement

• Infringement meansunauthorized and illegalreproduction of work ofothers.

Remedies against Infringement

• Civil remedies – A plaintiff in a suitfor infringement of his copyright canseek following civil remedies.– Search and seizure order – The courtcan pass an ex – parte order to enterthe premises and make inspection ofrelevant documents and articles andremove them for safe custody.

– Injunction – The plaintiff may seekrelief by way of restraining defendantfrom infringing his copyright throughtemporary or permanent injunction incivil suit at various stages of trail.

Remedies against Infringement

• Criminal remedies – Theinfringement of copyright isnot a civil wrong but also anoffence. The plaintiff can , inaddition to civil suit, also filecriminal proceedings againstinfringer.

• Administrative remedies – TheRegistrar and copyright boardhave also been vested withsome power to check violationof copyrights.