Copyright
What is Copyright ?
Copyright is a form of intellectual property that gives the author of an original work exclusive right for a certain time period in relation to that work, including its publication, distribution and adaptation, after which time the work is said to enter the public domain.
Copyright is a bundle of rights, which grants protection to the unique expression of ideas. 'Ideas per se' cannot be protected. However, the expression of ideas in a material medium is the subject matter of copyright protection.
Copyright is described under the umbrella term intellectual property along with patents and trademarks. In India, copyright related works are protected by the Copyright Act 1957.
Why Copyright ?
Copyright owners have the exclusive right to do or authorize the doing of any of the following in respect of a work or any substantial part thereof :
- To reproduce the work in any material form including the storing of it in any medium by electronic means,
- To issue copies of the work to the public not being copies already in publication,
- To perform the work in public or communicate it to the public,
- To make any cinematographic film or sound recording in respect of the work,
- To make any translation of the work,
- To make any adaptation of the work,
- To sell or give on hire, or offer for sale or hire a copy of the computer program, regardless of whether such copy has been sold or given on hire on earlier occasions.
It may be noted that Copyright confers a number of rights, some or all of which can be granted to others either exclusively or non-exclusively. Copyright hence prevents any other third party in indulging into any of the above activities unless and until specified or authorized by the owner of the copyright.
Whose rights are protected by Copyright ?
Copyright protects the rights of authors, i.e., creators of intellectual property in the form of literary, musical, dramatic and artistic works, cinematograph films and sound recordings.
Who is an author?
- In the case of a literary or dramatic work, the author is the person who creates the work.
- In the case of a musical work, the composer is the author.
- In the case of a cinematography film, the producer is the author.
- In the case of a sound recording, the producer is the author.
- In the case of a photograph, the photographer is the author.
- In the case of a computer generated work, the person who causes the work to be created is the author.
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