Copyright is a form of IPR which is Intellectual Property Rights, applicable to certain forms of creative work. A copyright gives the creator of original works exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or works
2. A copyright gives the creator of original works exclusive rights to it, usually
for a limited time. Copyright may apply to a wide range of creative,
intellectual, or artistic forms, or works which includes:
Poems.
Plays and other literary works.
Musical composition, sound recordings.
Computer software, radio and television broadcasts, and industrial
designs.
Copyright is the right given under the law ownership of a written
document, musical work, artistic or dramatic work. In fact, it also includes
right of reproduction, transformation and explanation to the work.
Copyright is a form of IPR which is Intellectual Property Rights, applicable
to certain forms of creative work. It is often shared among multiple
authors, who hold a set of rights and license to work.
3. The Copyright Act 1957 (as amended by the Copyright Amendment Act
2012) which governs the subject of copyright law in India. The Act was
applicable from 21st January 1958.The history of copyright law in India can
be traced way back to its colonial era under the Empire. The Copyright Act
1957 was the first copyright after independence legislation in India and the
law has been amended six times since then. The most recent amendment
was in the year 2012, through the Copyright (Amendment) Act 2012.India is
a member of various international conventions governing the area of
copyright law, including the Berne Convention of 1886 (as modified at Paris
in 1971), the Universal Copyright Convention of 1951, the Rome Convention
of 1961 and the Agreement on Trade Related Aspects of Intellectual
Property Rights (TRIPS).
5. The Berne Convention is for the Protection of Literary and Artistic Works,
usually known as the Berne Convention, is an international agreement,
which was first accepted in Berne, Switzerland, in the year 1886. The Berne
Convention introduced the concept that a copyright exists the moment a work
is "fixed", rather than requiring registration. It also enforces a requirement that
countries recognize copyrights held by the citizens of all other parties to the
convention.
6. The Universal Copyright Convention (UCC), was adopted in Geneva,
Switzerland, in the year 1952, is one of the two principal international
conventions protecting copyright; the other is the Convention. The UCC was
developed by United Nations Educational, Scientific and Cultural
Organization(UNESCO) as an alternative to the Berne Convention for those
states which disagreed with aspects of the Berne Convention, wished to
participate in some form of multilateral copyright protection.
7. The Rome Convention was enacted for the Protection of Performers,
Producers of Phonograms and Broadcasting Organisations, on 26 October
1961. The agreement extended copyright protection for the first time from the
author of a work to the creators and owners of particular, physical
manifestations of intellectual property, such as audiocassettes or
videocassettes.
8. The Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS) is an international legal agreement between all the member
nations of the World Trade Organization (WTO). TRIPS was negotiated at the
end of the Uruguay Round of the General Agreement on Tariffs and
Trade (GATT) in 1994 and is administered by the WTO.TRIPS also
specifies enforcement procedures, remedies, and dispute
resolution procedures.
9. To promote the progress of Science and Useful arts is objective of copyright
and not to reward the labor of authors. Copyright persuade authors of the right
to their original expression and exchanges other to build upon the ideas and
information conveyed by a work. For certain types of works, the copyright
owner also has the right to intercept the unauthorized public performance or
display of the copyright work.
10. A requisition of copyright registration includes three essential elements:
A completed application form
A nonrefundable filling fees
A nonreturnable deposit-
That is, a copy of the work being registered with the copyright office.
Registration of copyright is not mandatory in India. Copyright is a form of
intellectual property law protects the original work of authors, artist and
singer including Literary, Dramatic, Songs, Computer Software and
Architecture.
11. Apple Computer, Inc. v. Microsoft Corporation & Hewlett-Packard Co. [35 F.3d
1435 (9th Cir.1994)]
After the district court decided in favor of Microsoft, Apple appealed against the
decision arguing that the district court just considered about the infringements
based on the individual components of Apple’s GUI, as opposed to the interface
as a whole. The appeals court almost completely avowed the decision of the
district court, stating that, “almost all the similarities spring either from the license
or from basic ideas and their comprehensible expression illicit copying could
occur only if the works as a whole are virtually identical.”
12. However, the circuit court reversed the region court’s decision not to grant
attorney’s fees to Microsoft, clarifying and sending the case back to the district
court to resolve the issue. The circuit court dissected the GUI (GRAPHIC USER
INTERFACE) so as to isolate expression from ideas. The court listed five ideas
that it would to be identify as fundamental to a graphic user interface desktop:
windows, icon images of office items, manipulations of icons, menus, and the
opening and closing of objects. The court ensures that Apple cannot make
copyright claims based on these ideas and could just make claims on the
expression of them
13. The Indian copyright act was enacted with a motive of securing the right
of the original authors. It aimed to encourage and provide incentive to
create original works. Copyright laws are enacted with relevant exceptions
and limitation to ensure that a balance is adjustable between the interest
of the creator and of the community. These rights conferred on the
performers are a positivism step in encouraging their creativity.