Apr 27, 2012

Copyright Concept


CONCEPT OF COPYRIGHT

To Every Cow, Her Calf; Therefore To Every Author His/Her Copy!

ü  The concept of copyright originated with this slogan by Irish King Diarmid in 6th century A.D.
ü  Copyright evolved as a result of the invention of printing which revolutionized the techniques of reproduction.
ü  New technology made possible easy copying of any original work.
ü  The concept behind copyright is that creators of literary works have rights of ownership in their works, & those rights should be legally protected to prevent unlawful reproduction of their works.

Definition

ü  Copyright is a legal term describing rights given to creators for their literary and artistic works. – WIPO
ü  Copyright is the exclusive legal right to the publication, sale etc. of a literary or artistic work. – Dictionary Definition
ü  Copyright is a form of protection provided by the laws of any country to the authors of “original works of authorship”.

Purpose:

The major purpose of the copyright system are:
(i) to encourage talented persons to produce creative works.
(ii) to provide incentives for the dissemination of those works.

Copyright Protection

ü  Copyright protects "original works of authorship" that are fixed in a tangible form of expression.
ü  Copyrightable works include the following categories:

1. Original literary works
2. musical works, including any accompanying works
3. dramatic works, including any accompanying music
4. pantomimes & choreographic works
5. pictorial, graphic, & sculptural works
6. motion pictures & other audiovisual works
7. sound recordings
8. architectural works

 Features

The original creators of works protected by copyright, and their heirs, have certain basic rights:
ü  They hold the exclusive right to use or authorize others to use the work on agreed terms.
ü  The creator of a work can prohibit or authorize:
*      its reproduction in various forms, such as printed publication or sound recording;
*      its public performance, as in a play or musical work;
*      recordings of it, for example, in the form of compact discs, cassettes or videotapes;
*      its broadcasting, by radio, cable or satellite;
*      its translation into other languages, or its adaptation, such as a novel into a screenplay.
ü    Copyright protection also includes some moral rights,
*      right to claim authorship of a work
*      right to oppose changes to it
ü    The creator/owner of the copyright in a work, can enforce his rights in the courts,
*      by inspection of premises for evidence of production or
*      possession of illegally made "pirated" goods related to protected works.
ü    The owner may obtain court orders to stop such activities & can seek damages for loss of financial rewards and recognition.

Term of copyright

ü  The general rule is that copyright lasts for 60 years.
ü  In case of original literary, dramatic, musical and artistic works, it is counted from the year following the death of the author.
ü  In case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government & works of international organizations, it is counted from the date of publication.
ü  This limit enables both creators and their heirs to benefit financially for a reasonable period of time.

Copyright Notice

A copyright notice generally consists of:
ü  The word ‘copyright’/ the abbreviation ‘copr.’/ copyright symbol ©
ü  The year in which the work was first published
ü  The name of the copyright owner
Example:
ü  Copyright  2006, ABC Ltd
ü  Copyright © 1997 by Donald Hearn 

Requirements for copyright

  1. Fixation
The ideas must be fixed in some tangible medium of expression.

  1. Originality
A fixed expression of ideas is protected by copyright if and only if it is original.

  1. Minimal creativity
            Minimal level of creativity is  required.