Introduction
Intellectual property law is not complete without copyright. For a specific period of time, it provides a creator all rights to their original works of art. The Copyright Act, 1957 regulates copyright law in India. The Original Works Act safeguards creators’ and publishers’ original works. We will go over the fundamentals of copyright law in India, its advantages, and a comparison of copyright, trademark, and patent in this blog. We shall also examine the laws pertaining to copyright in India.
What is Copyright?
Copyright is the exclusive right given to the creator of an original work to use, reproduce, distribute, and display the work. With Copyright Registration, you become a legal owner of your creative work in respect of books, paintings, music, website, etc. Copyright Registration with the authority secures the creative work of the author cannot be copied. No person is allowed to use the same without the permission of the author or creator.
Benefits and Advantages of Copyright Law
The copyright law provides several benefits and advantages to the creators and users of creative works. Here are some of the benefits and advantages of copyright law:
Protection of Original Work
Copyright law protects the original work of a creator. It gives the creator the right to control how their work is used and to receive compensation for its use.
Economic Rights
Copyright law provides the creator with the economic right to use, reproduce, distribute, and display their work. The creator can use their work for commercial purposes and can earn money from it.
Moral Rights
Copyright law also provides the creator with moral rights. It gives the creator the right to be identified as the author of the work, to object to any distortion or modification of the work, and to protect the integrity of the work.
Incentive to Create
Copyright law provides an incentive to create. Creators are motivated to create because they know that their work will be protected and they will receive compensation for its use.
Who can apply
Any person who is the creator or owner of an original work that falls under the categories of literary, dramatic, musical, and artistic works, cinematographic films, and sound recordings can apply for copyright in India. This includes individuals, companies, and organizations. If the work is created as part of employment, the employer is the owner of the copyright. It is also possible for the creator to transfer their ownership rights to someone else, such as a publisher or producer, who can then apply for copyright.
Comparison between Copyright, Trademark, and Patent
Copyright, trademark, and patent are all different types of intellectual property rights. Here is a comparison between these three types of intellectual property rights:
Copyright
Copyright law protects original works such as literary, dramatic, musical, and artistic works. It also includes cinematographic films and sound recordings. Copyright gives the creator the exclusive right to use, reproduce, distribute, and display their work.
Trademark
A trademark is a distinctive sign that identifies a product or service. It can be a word, symbol, or a combination of both. Trademarks are used to distinguish one product or service from another. Trademark law gives the owner of the trademark the exclusive right to use the trademark and to prevent others from using it.
Patent
A patent is a legal right granted to an inventor for their invention. Patents are granted for new, useful, and non-obvious inventions. Patent law gives the inventor the exclusive right to use, manufacture, and sell the invention.
Rules related to Copyright Law in India
The Copyright Act, 1957, governs copyright law in India. Here are some of the rules related to copyright law in India:
Originality
The work must be original and must not have been copied from another work.
Work eligible for copyright protection
The work must fall within the categories of literary, dramatic, musical, and artistic works. It must also include cinematographic films and sound recordings.
Ownership
The creator of the work is the owner of the copyright. If the work is created as part of the employment, the employer is the owner of the copyright.
Duration of Copyright
The duration of copyright in India is the lifetime of the author plus 60 years after their death.
Registration
Registration of copyright is not mandatory in India. However, it is recommended to register the copyright as it provides legal proof of ownership.
Fair Use
Fair use is an exception to copyright law that allows limited use of copyrighted material without the permission of the copyright owner. Fair use is allowed for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
Infringement
Infringement of copyright occurs when someone uses copyrighted material without permission. Infringement can lead to legal action and penalties.
Conclusion
In conclusion, copyright law in India provides protection to creators of original works. It gives them the exclusive right to use, reproduce, distribute, and display their work. Copyright law also provides several benefits and advantages to the creators and users of creative works. Copyright law is different from trademark and patent law, which protect different types of intellectual property. Understanding the basics of copyright law and its rules is essential for creators and users of creative works. It is recommended to register the copyright to obtain legal proof of ownership and protect the work from infringement.
