Copyright is a unique
kind of intellectual property. The right which a person acquires in a work,
which is a result of his intellectual labour, is called as the copyright. The function
of the copyright law is to protect the fruits of a man’s work, labour, skill or
test from being taken away by the other person.
The work copies according
to the black’s law of dictionary is a transcript, imitation and reproduction of
the original writing, painting, instrument or something like that.
Copyright is a literary property
which is been recognized by the positive law. An incorporeal right is been
granted to the author or originator of certain literary or artistic production
whereby he is been invested for the specific time with the sole privilege of
multiplying copies of the same and publishing and selling them.
Copyright is some form
which is been recognized in ancient times. The Roman law adjudged that if one
man wrote anything on the paper or parchment of another, the writing should belong
to the owner of the blank material.
The statutory definition
of copyright is the exclusive rights to do or authorize others to do certain
acts in relation to: -
1.
Musical work
2.
Dramatic work
3.
Literary work
4.
Writing work
5.
Artist work
6.
Cinematographic film
7.
Sound recording
Section 14 of the Copyright
Act, 1957 defines the copyright as the above
Following
are the characteristics of the copyright
1. Creation
of the Statute
2. Some
form of intellectual property
3. Monopoly
right
4. Negative
Right
5. Multiple
Right
6. Copyright
only in the form not in the idea
7. Neighbouring
rights
Creation of the statute
Copyright creation of the specific statute under the present law. There is no such anything as common-law copyright. No copyright can exist in any work except as provided as in the
section 16
Some form of the
intellectual right
A copyright is a form
of intellectual property since the product over which right is granted ex. Literary
work is the result of an investment of intellectual.
Monopoly Right
Copyright is a monopoly
right restraining the others from exercising the right which has been given
to the owner of the copyright
Negative right
It gives the right to
prevent others from copying or reproducing the work
Object of copyright
The main object of the
copyright is to encourage authors, composers and the artist people to create
the original work by rewarding them with the exclusive right for the specific
period to reproduce the works for publishing and selling the work to the public
and others
The foundation of the
Indian Copyright Law is based on the Eighth Commandment. The basic objective of
the Indian Copyright is to protect the man’s skill, labour and artistic work.
Multiple Rights
Copyright is not a single
right. It consists of a bunch of different rights in the same work. For the
example in the case of the literary work, copyright consists of the right of reproduction
in the hardback and paperback editions, the right of serial publication in
the newspaper and the magazines, the right of dramatic and cinematographic
versions, the right of the translations and adaptations.
Neighbouring Rights
Copyright consists not
only the mere rights of reproduction. It also consists of the right to works
derived from the original works. Ex. Right of public performance, recording
rights and broadcasting rights.
(To be continued…)
©
Kaushik
