| |
|
|
| |
Rubin Mulkani
Vice President-Legal &
Commercial
Percept Limited
|
IPR- Copyright
“An artistic, literary or musical work is the brainchild of its author and so, considered to be his property. So highly is it prized by nations that it is thought worthy of protection by national laws and international conventions”.
“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, meaning thereby the mechanical operation of writing for which it directed the scribe to receive the satisfaction for in works of genius and inventions, as in painting on another man’s canvas, the same law gave the canvas to the painter… There is still another species of property and this is the right which an author may be supposed to have in his original literary compositions so that no other person without his leave may publish or make profit of the copies. When a man by the exertion of his rational powers has produced an original work, he seems to have clearly a right to dispose of that identical work as he pleases and any attempt to vary the disposition he has made of it appears to be an invasion of that right”.
The Oxford English Dictionary defines ‘copyright’ as the exclusive right given by law for an certain term of years to an author, composer etc to print, publish and sell copies of his original work.
|
Copyright means the exclusive right to do or authorize others to do certain acts in relation to (1) literary, dramatic or musical works, not being a computer programme, (2) computer programme (3) artistic work (4) cinematographs film (5) sound recording. The nature of the act varies according to the subject matter. Basically copyright means the right to copy or reproduce the work in which the copyright subsists. The exclusive right for doing the respective acts extends not only to the whole of the work, but to any substantial part thereof to any translation or adaptation thereof.
In the modern world and current scenario, the law of copyright provides the legal framework, not only the protection of the traditional beneficiaries of copyright, the individual writer composer or artist, but also provides protection for the investment required for the creation of works by major cultural industries, publishing, film, broadcasting and recording industries as also computer software industry. Copyright is important not only to the individuals and industries which depend upon it for their livelihood but it also impinges one way or another on the daily life of members of the public or business. Copyright protects a vast array of everyday items for example on the private level; letters, photographs, video, etc. In business, all types of advertisements, brochures, designs, documents, graphics, manuals and reports published or used by any firm in the country. No business can afford to be ignorant of the implications of copyright in its daily work.
Copyright derives from the expression of “copies of words”, first used in the context according to the Oxford dictionary. The word “copy” alone probably dates from circa 1485 and was used to connote a manuscript or other matter prepared for printing. The Copyright Act affords protection to a much wider species of works. The scope of protection is also wider. |
 |
|
 |
There are many spheres in which the law of copyright plays a part and the wide variety of acts which may constitute infringement of copyright make this branch of law one which in a literate society ought to be known to everyone.
Today copyright serves a variety of industries including production and distribution of books, magazines and newspapers, media and entertainment that is dramatic, and musical works for performances, publication of musical works and cinema, television, and broadcasting and industrial designs.
Copyright problems in some respects are international problems. Copyrights, being intellectual property, travel from country to country more easily and quickly than other kinds of property. Technological progress has made copying of copyright material easy, swift and simple. Photocopying has made unauthorized copying of copyright material simple and inexpensive. Consequently, the control of copyright infringement has become very difficult and often impossible. |
|
|
|
Founded in 1984, Percept, an entertainment, media and communications company, today , is at an enviable leadership position with a team of 1200 people and 62 offices across India and Middle East. This publication has been exclusively created for our stakeholders. The contents of this publication has been created with inputs
from Percept Companies and Divisions. This document may not be reproduced or circulated without prior consent from the Corporate Communications Department at Percept Limited.
| |
|
|
|
