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COPYRIGHTS- What You Need to Know

Posted by:admin onSeptember 23, 2014

What are copyrights?

Copyrights are rights accorded by law to individuals who make a significant creation in the fields of theatre, Literature, cinema, Music and film. Copyrights are not just a single right but in fact are a combination of rights that pertain to rules of reproduction of the work, translating it an also if it needs to be adapted. The rights contained in the copyright depend on the nature of the work in question.

Why is it necessary to protect copyrights?

A copyright protects the creativity of the author and gives him authority and discretion over his work. In any civilized setting, the element of creativity must be encouraged as it is the cornerstone of development. A copyright, by means of assuring creators that their creativity, ideas and intellect shall be protected, encourages them to strive forward and create more progress and also provides motivation to aspiring creators and authors

Does a rigid application of Copyright laws affect society and culture as we Know it?

This statement is true. The stringent application of copyright protection does infact hinder the development of society as a whole as it creates an unnecessary fear in the minds of aspiring creators and restricts there imagination. Copyright laws must be implemented keeping in mind required exceptions and provisos and also they must balance the pursuits of the creator with the expectations of society.

Does the law provide an exception to protection by copyright and if this is true, what are they?

Yes, permission from copyright owners need not be sought by researchers, news reporters, library works, critics and legislations. However this proviso is conditional and depends on the nature of the work

What is the purview of protection according to the Copyright Act, 1957 ?

The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike as in patents, copyrights provide protection to the expression of an idea and not the idea itself. An idea cannot be copy written.

What are civil remedies available to an individual in case of copyright infringement?

Legal action may be copyright owner by way of injunctions and seeking damages against any person who infringes the copyright in the said work. The copyright owner alone is entitled to such remedies.

What are the other remedies available to a person who isn’t the copyright owner ?

The individual may approach investigators at a brand protection service ( a Brand protection service looks in to reports related to fake products and other IPR violations including copyright).

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